San Marino Municipal Code Art. 06 Administrative Procedures and Penalties for Code Violations

A. Scope: This article provides for an administrative remedy for violations of this Code as set forth herein. This remedy may be exercised in place of, or in addition to, any administrative, criminal, civil or equitable remedy allowed by law. The City Attorney or City Prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally.

B. Violations Subject To An Administrative Citation: All violations of this Code are subject to an administrative citation, including the violation of any provision, restriction, or requirement of this Code or any code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code.

C. Rules And Regulations: The City Manager is authorized to promulgate procedural rules and regulations governing the provisions in this article. (Ord. 0-07-1189, 9-12-2007; amd. Ord. O-22-1389; 4-13-2022)

As used in this article, the following words are defined as follows:

The enforcement officer may issue a citation to a responsible person on a form approved by the City Manager using one of the following methods:

A. A citation may be served by personal delivery to a responsible person. The enforcement officer shall attempt to obtain the signature of the responsible person on the citation. If the responsible person or person served refuses or fails to sign the citation, the failure or refusal to sign shall not affect the validity of the citation nor of any subsequent proceedings.

B. A citation may be served by certified mail, postage prepaid, addressed to the responsible person at such person’s last known address in the public records of the City or if no address is known or made known, then the last known address as shown on the latest equalized assessment roll. A courtesy copy of the citation shall also be sent to the responsible person in a sealed envelope by first class mail to the same location.

C. For citations involving a real property related violation, the enforcement officer may post the citation on said real property in the City in which the responsible person is known to have a legal interest in, or possession, or dominion or control of, said property, or a portion thereof.

D. Service is effective the date when personally served, mailed by certified mail or when the property is posted. The enforcement officer must complete a declaration of service. Failure to receive any notice does not affect the validity of the proceedings under this article.

E. Any notice or order given pursuant to any provision of this article shall be served in the manner provided for in this section, unless otherwise stated.

F. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that creates an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for a violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues shall not be issued pursuant to this chapter unless the responsible person has first been provided with a reasonable period, as determined by the officer, in which to complete the abatement or compliance actions. The enforcement officer may extend the time in which to correct the violation. (Ord. 0-07-1189, 9-12-2007; amd. Ord. O-22-1389, 4-13-2022)

Upon service of a citation, the responsible person shall do the following:

A. Pay the civil fine no later than ten (10) days from the date of service of the notice of decision of the Hearing Officer or when the citation is deemed final. Payment of the fine shall not excuse or discharge the failure to correct the violation, nor shall it bar further enforcement action by the City.

B. If the violation pertains to building, plumbing, electrical or other similar structural or zoning issues which are continuing in nature and that do not create an immediate danger to health and safety, comply with the compliance order to remedy the violation within the time specified on the citation. (Ord. 0-07-1189, 9-12-2007; amd. Ord. O-22-1389, 4-13-2022)

A. Any responsible person who commits or responsible for a violation subject to an administrative citation, as set forth above in Section 01.06.01(B), may be issued a citation by an enforcement officer.

B. Each day during which a violation of any provision of this Code subject to this article is committed, continued or permitted, shall be a separate violation for which a citation may be issued. (Ord. 0-07-1189, 9-12-2007; amd. Ord. O-22-1389; 4-13-2022)

An enforcement officer may issue a citation for a violation not committed in the enforcement officer’s presence if the enforcement officer has determined, through investigation, that the responsible person did commit, or is otherwise responsible for, the violation. (Ord. 0-07-1189, 9- 12-2007; amd. Ord. O-22-1389; 4-13-2022)

A citation shall contain the following information:

A. The names and mailing address of the responsible person.

B. The date and location of the violation and the approximate time the violation occurred or was detected.

C. The Code section violated and a description of the violation.

D. The amount of the civil fine for each violation, the procedure and place to pay the fine(s), and any late charge(s) and interest, if not timely paid.

E. If a compliance order is issued pursuant to subsection 01.06.03F of this article, the action required to correct the violation and the date by which such action must be completed. The date for compliance shall not be less than fifteen (15) days from the date the compliance order is served, unless the violation creates an immediate danger to health or safety.

F. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation.

G. The name and signature of the citing official.

H. Any other information deemed necessary by the City Manager. (Ord. 0-07-1189, 9-12-2007; amd. Ord. 0-08-1202, 3-19-2008; Ord. O-22-1389, 4-13-2022)

A. Civil Fine Amount: The amount of each fine shall be set forth in a resolution adopted by the City Council. If a violation is classified as an infraction under this Code, the civil fine shall not exceed one hundred dollars ($100.00) for a first offense, two hundred dollars ($200.00) for a second offense within one year, and five hundred dollars ($500.00) for a third offense within one year as set forth in California Government Code section 36900(b). Fines for violations that are classified as misdemeanors under this Code shall not exceed one thousand dollars ($1,000.00). The amounts of such fines may be modified from time to time by a resolution of the City Council.

B. Late Payment Charge: Any responsible person who fails to pay to the City on or before the due date any civil fine imposed, shall be liable for the payment of a late payment charge as established by a resolution adopted by the City Council. In the absence of such resolution, the late payment charge for payments received after the due date shall be fifty percent (50%) of the civil fine.

C. Interest: The city council may, by resolution, also establish and impose a daily interest charge on civil fines that are not fully paid to the city on the due date. Interest shall not be imposed on a late charge, and shall not exceed the maximum allowable rate allowed by law. The rate of interest and the commencement of its accrual may be modified from time to time by a resolution of the city council.

D. Payment Location: Civil fines and any late charges and interest due shall be paid to the city at such location or address as stated in the citation.

E. Due Date: The civil fine shall be paid within 30 days of the issuance of a citation or, if contested, within 30 days of an order to pay pursuant to a decision by a hearing officer or judicial officer confirming the fine. Thereafter, a late charge and interest shall be due and owing.

F. Effect Of Payment: Payment of a civil fine shall not excuse or discharge a responsible person from the duty to immediately abate a violation of this code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of this code.

G. Effect Of Abatement: Abatement of a violation shall not excuse the obligation of the responsible person to pay a civil fine, or any late charges or interest imposed on its untimely payment.

H. Debt To City: Unpaid civil fines and/or late charges, as well as interest thereon, shall be a personal obligation and debt of the responsible person which may be collected by the city in any manner allowed by law, including filing of a civil or small claims action in the Los Angeles Superior Court, the recordation of a lien with the Los Angeles County Recorder’s Office against citee-owned property that was the subject of the citation, by means of collecting the debt using the California Franchise Tax Board “Inter-Agency Offset Program” (pursuant to § 12419.10 of the California Government Code), and/or by denying the issuance or renewal of any city approval, license, permit, or other entitlement to any citee who has failed to tender all unpaid administrative fines, late penalty charges, or interest charges. The remedies set forth in this article are not exclusive and may be used in addition to those set forth elsewhere in this code or by law.

I. Attorney Fees: The city shall be entitled to recover its attorney fees and all related collection costs arising from any action to collect or foreclose any confirmed, final or uncontested civil fine, late charge or other fee imposed and unpaid pursuant to the procedures set forth in this article. (Ord. 0-07-1189, 9-12-2007; amd. Ord. 0-08-1202, 3-19-2008; Ord. 0-18-1335, 4-11-2018; Ord. O-22-1389, 4-13-2022)

A. If the responsible person fails to satisfy in full the assessed civil fines by the due date, as defined above in subsection 01.06.08E, the city may recover the outstanding fine by imposing a lien against the real property on which the violation occurred.

B. Prior to the recording of the lien with the Los Angeles County Recorder’s office, the city council shall conduct a hearing to hear any protest or objection to the lien. The enforcement officer shall serve notice of the hearing upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing, and shall be served upon the owner of record by regular mail at least ten (10) days before the date of the hearing.

C. If the city council determines that the lien should be imposed, the responsible person will have thirty (30) days to satisfy the assessed civil fine in full. If after that time the assessed civil fine, late charge and interest have not been paid in full, the enforcement officer shall then prepare and file with the city clerk a report stating the amount due and owing.

D. After the report is filed with the city clerk, the citing official may cause the lien to be recorded with the county recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by the provisions of section 697.340 of the Code of Civil Procedure, or its successor, and may be extended as provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure, or their successors.

E. If the lien is satisfied, the city shall record a notice of satisfaction of the lien with the Los Angeles County recorder’s office within thirty (30) calendar days of receipt of payment in full. (Ord. 0-07-1189, 9-12-2007; amd. Ord. O-22-1389; 4-13-2022)

A. Any responsible person to whom a citation is issued may contest the citation by: 1) completing a request for hearing form and returning it to the city manager or his/her designee; and 2) either depositing the civil fine with the city manager or his/her designee or providing notice that a request for an advance deposit hardship waiver has been filed. A request for hearing form may be obtained from the city clerk. The request for hearing form and the civil fine or completed hardship waiver must be received within ten (10) days from the date of service of the citation. If not, the responsible person waives the right to a hearing.

B. Only after a request for hearing form is received within the required period, and the responsible person requesting the hearing has either deposited the civil fine in full or obtained an advance deposit hardship waiver (hereinafter a “perfected appeal”), shall the city set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days, nor more than ninety (90) days after a perfected appeal.

C. The city shall notify the responsible person requesting the hearing by regular mail of the time and place of the hearing at least ten (10) days before the date of the hearing. The city manager or his/her designee shall serve any documentation, other than the citation, that the city manager or his/her designee has submitted or will submit to the hearing officer on the person requesting the hearing by regular mail at least three (3) calendar days before the date of the hearing. Failure to receive such documentation shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this article. The failure to appear at the hearing shall render the citation final. (Ord. 0-08-1202, 3-19-2008; amd. Ord. O-22-1389; 4-13-2022)

A. The city manager shall designate or appoint a hearing officer who shall be selected in a manner that avoids the potential for pecuniary or other bias and in no event shall the enforcement officer, nor any other officer or employee in his/her department, be the hearing officer. The compensation, if any, of the hearing officer shall be paid by the city. Compensation shall not be directly or indirectly conditioned upon whether or not citations are upheld by the hearing officer.

B. Administrative hearings are informal and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party’s case and to cross examine any witnesses present. The city bears the burden of proof to establish the violation. The citation and any additional reports submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those documents. The hearing officer must use preponderance of the evidence as the standard of review in deciding the issues. A responsible person may bring an interpreter to the hearing provided there is no expense to the city therefor.

C. A responsible person may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be served on the office of the city clerk at least three (3) city business days prior to the hearing. If the responsible person fails to attend the scheduled hearing, or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed final.

D. Hearings may be continued once at the request of a responsible person or the enforcement officer who issued the citation. The hearing officer may also continue the hearing for cause. (Ord. 0-07-1189, 9-12-2007; amd. Ord. O-22-1389; 4-13-2022)

A. The hearing officer shall issue a written decision no later than fifteen (15) days after the date on which the hearing concludes. The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to section 01.06.13 of this article. The administrative hearing officer’s decision shall be final. If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the hearing officer shall order correction thereof in the decision and state the date in which to complete said correction.

B. The decision shall be served by first class mail and shall be deemed to be served on the date it is deposited with the United States postal service. The failure of the responsible person to receive a properly addressed decision shall not invalidate the citation, compliance order or the hearing officer’s decision. (Ord. 0-07-1189, 9-12-2007; amd. Ord. O-22-1389; 4-13-2022)

Within twenty (20) days after service of the hearing officer’s decision upon the responsible person, the responsible person may seek review of the hearing officer’s decision by filing a notice of appeal with the Los Angeles Superior Court. The responsible person shall serve a copy of the notice of appeal upon the city clerk either in person or by first class mail within five (5) calendar days of its filing. If the responsible person fails to timely file a notice of appeal, the hearing officer’s decision shall be deemed confirmed. (Ord. 0-07-1189, 9-12-2007; amd. Ord. O-22-1389; 4-13-2022)

Failure to comply with the hearing officer’s decision after it becomes final is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the decision. (Ord. 0-07-1189, 9-12-2007; amd. Ord. O-22-1389; 4-13-2022)

A. Any responsible person who requests a hearing to contest a citation and who is financially unable to deposit the civil fine required, may file a request for an advance deposit hardship waiver. The request shall be filed with the city manager on an advance deposit hardship waiver application form, available from the city clerk, no later than ten (10) days after service of the citation. The city manager’s office’s failure to receive a completed form, with all supporting documents, within ten (10) days after service of the citation, shall constitute a waiver of the right to receive a hardship waiver.

B. The city manager or designee may issue an advance deposit hardship waiver only if the responsible person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the city manager or designee the person’s financial inability to deposit with the city the full amount of the civil fine in advance of the hearing. The city manager or designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the responsible person requesting the waiver by regular mail. If the city manager or designee determines that the waiver is not warranted the responsible person shall remit the full amount of the civil fine to the city within ten (10) days of receipt of the written decision. The city manager or designee’s decision whether to issue a hardship waiver shall be final. (Ord. 0-08-1202, 3-19-2008; amd. Ord. O-22-1389; 4-13-2022)