Santa Fe Springs Municipal Code Ch. 11 Administrative Citations

(A) Use of this chapter is at the sole discretion of the city and is one remedy that the city has to address violations of the Santa Fe Springs Municipal Code. By adopting this chapter, the city does not intend to limit its discretion or ability to use any criminal, civil or other remedies, or any combination thereof, to address any violations of the city's laws.

(B) This chapter makes any violation of the provisions of the Santa Fe Springs Municipal Code subject to administrative civil fines.

(C) This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines in accord with Cal. Gov't Code § 53069.4.

(D) An administrative fine shall be imposed by an administrative citation issued by an officer, and shall be paid directly to the city. Payment of a fine shall not excuse a failure to correct a violation, nor shall it bar concurrent or further enforcement actions by the city.

(E) The City Manager, or a designee thereof, may dismiss a citation at any time if a determination is made that it was issued in error, in which event any deposit of a fine shall be refunded. Notice of such action shall be given to the citee in writing.

(F) The City Manager, or a designee thereof, is authorized to establish procedural rules and regulations governing the provisions in this chapter.

(Ord. 1008, passed 2-11-10)

As used in this chapter, the following words have the meanings shown below. The following defined words have the meanings below whether the words are capitalized or not in this chapter.

Citation. An administrative citation that is issued to a responsible person.

Citee. A responsible person to whom a citation is issued.

City. The City of Santa Fe Springs, California.

City Manager. The chief administrative official of the city as appointed by the City Council.

Civil Fine or Fine. The monetary sanction established by resolution of the City Council. A civil fine is imposed by a citation.

Code. (1)

The entire Santa Fe Springs Municipal Code and all Los Angeles County codes or ordinances incorporated in it by adoption or reference;

(2) All uniform, technical or other codes or ordinances incorporated in the Santa Fe Springs Municipal Code by adoption or reference; and,

(3) Any uncodified ordinance adopted by the City Council.

Enforcement Officer or Officer. Any city employee whose assigned duties include enforcing the Santa Fe Springs Municipal Code. The City Manager may designate additional people to act as officers for purposes of implementing the provisions of this chapter.

Hearing Officer. A private entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that the City Manager designates or appoints to consider all timely requests for an administrative hearing after issuance of a citation.

Owner. Any person having legal title to, or who leases, rents, occupies or has charge, control, possession of, or responsibility for, any real property in the city, including all persons identified as owners on the last equalized assessment roll of the County Assessor's Office. An owner of personal property, including animals, is any person who has legal title, charge, control, possession of, or responsibility for, personal property. An owner includes the owner's agent, manager or representative.

Person. Any individual, partnership, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, assigns, or any combination of such persons. Person also includes any public entity or agency that acts as an owner in the city.

Property or Premises. Any real property, improvements on real property, and portions of real property. Property includes any parkway or unimproved public easement abutting such real property. Property also includes all forms of personal property including animals.

Responsible Person. Any person who allows, causes, creates, or maintains a violation of the code.

Violation. An act that is prohibited by the code, omission of any act that is required by the code, and a use or condition of property that is not allowed by any permit, approval, or license issued in accord with the code. A continuing violation exists from day to day.

(Ord. 1008, passed 2-11-10)

This chapter provides for civil fines imposed by a citation for any violation. A citation may be used in place of, or in addition to, any other remedy allowed by the code or state law. The City Manager and designees thereof, have discretion to use any remedies authorized by law.

(Ord. 1008, passed 2-11-10)

(A) Whenever an officer determines that a violation has occurred, the officer may issue a citation imposing a civil fine or fines on the responsible persons. A citation may charge more than one violation of the code.

(B) Warning requirement. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that create an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for such a violation shall not be issued unless the responsible person has first been given a reasonable period, as determined by the officer, in which to correct the violation.

(C) Acts committed outside an officer's presence. An officer may issue a citation for a violation not committed in the officer's presence if the officer has determined through investigation that the citee is the responsible person.

(D) Continuing violations. Each day that a violation exists is a separate violation for which a citation may be issued.

(E) Each citation shall contain the following information:

(1) Name and mailing address of the responsible person;

(2) The address or description of the location of the violation;

(3) The date the citation is issued;

(4) The code or ordinance sections violated;

(5) A description of the violations;

(6) The amount of the fine for each violation, when and where to pay the fine, and late charges that apply if the fine is not paid on time;

(7) When appropriate, a brief description of the actions required to correct the violations and, if applicable, deadlines for correcting the violations;

(8) A description of the administrative citation appeal process including how and when to request a hearing on a citation;

(9) The name and signature of the officer and the signature of the citee, if he or she is physically present and will sign the citation at the time it is issued. If a citee refuses to sign a citation the citation and any related proceeding are valid. Signing a citation acknowledges receipt of a copy of it and is not an admission that a person has committed a violation; and

(10) Any other information required by the City Manager.

(Ord. 1008, passed 2-11-10)

(A) A citation may be served either by personal delivery to the citee or the citee's agent, by certified U.S. mail, return receipt requested, or by posting the citation on the property.

(B) If served by certified mail, the citation must be sent with postage prepaid and addressed to the citee at his or her last-known business or residence address. The date a citation is deposited with the United States Postal Service is the date that service is complete. An additional copy of the citation may also be sent to the responsible person by first class mail.

(C) Service is complete when a citee or an agent, manager or representative of the citee is either personally served with a citation or served by mail.

(D) If service cannot be accomplished personally or by mail for citations involving a real property-related violation, the officer shall post the citation on the real property. The date of posting shall be the issuance date of the citation and the date service by posting is complete.

(E) Any notice or order regarding a citation may be served by personal delivery or by first class mail. Service of notices and orders is complete the day they are personally delivered or deposited in the mail.

(F) If a citee does not receive a citation or notice, any subsequent fine, late charge, action or proceeding under this chapter is valid if service was given as required by this section.

(Ord. 1008, passed 2-11-10)

(A) Civil fine amounts. The amounts of the civil fines imposed by a citation shall be established by resolution of the City Council. The City Council may impose escalating fines for repeat offenses in a 12-month period. The amounts of fines may be modified from time to time by resolution of the City Council.

(B) Infraction fine limits. If a violation is classified as an infraction under the code, the civil fine shall not exceed $100 for a first offense, $200 for a second offense within one year, and $500 for a third offense within one year in accord with Cal. Gov't Code §§ 25132 and 36900.

(C) Late fees. Failure to pay a civil fine within the period required from the issuance date of a citation shall result in a late charge as established by resolution of the City Council.

(D) Payment location. Civil fines and any late charges due shall be paid to the city at the address stated on the citation.

(E) Due date. The due date for the city's receipt of a civil fine payment (or complete deposit in the event a hearing is requested) shall be 15 calendar days from the issuance date of a citation. Thereafter, a late charge shall be due as imposed by this chapter.

(F) Effect of payment. Paying a civil fine does not relieve a citee from the duty to immediately abate a violation of the code, nor from any other responsibility or legal consequences for a continuous violation.

(G) Effect of abatement. Abating a violation does not excuse the obligation of a citee to pay a civil fine or late charge.

(H) Collection. Unpaid civil fines and late charges are a personal obligation and debt of the citee which may be collected in any manner allowed by law, including a special assessment on real property if the property is the location of the violation and the citee has title to the property by deed.

(I) Attorney fees. The city is entitled to recover its attorney fees and all related collection costs arising from any action to collect or foreclose any unpaid civil fine, late charge, or fee imposed in accord with this chapter.

(Ord. 1008, passed 2-11-10)

(A) Contesting the citation. Any citee may contest a violation, or that he or she is a responsible person, by filing a request for an administrativehearing on a city-approved form with the Office of the City Clerk, Santa Fe Springs City Hall, 11710 E. Telegraph Road, Santa Fe Springs, CA 90670 within 15 calendar days from the issuance date of a citation. If the office of the City Clerk does not receive the request in the required period, the citee shall have waived the right to a hearing and the citation shall be final.

(B) No fee required. No fee shall be charged for filing a request for a hearing.

(C) Deposit required. Requests for a hearing shall be accompanied by the entire amount of the fine stated in the citation. Failing to deposit a fine, or submitting a non-negotiable check in the required period, makes a request for an administrative hearing incomplete and untimely. Fines that are deposited with the city do not accrue interest. If a citation is not upheld, fines deposited shall be returned to the person who deposited them.

(D) Hardship waiver. A citee who is financially unable to deposit the civil fine with his or her request for a hearing may complete a city-approved application form for an advance deposit hardship waiver (hereafter the "hardship waiver"). This form and all required accompanying records must be submitted with a request for a hearing, to the Office of the City Clerk, Santa Fe Springs City Hall, 11710 E. Telegraph Road, Santa Fe Springs, CA 90670 within 15 calendar days from the issuance date of a citation.

(E) Hardship waiver form. To be considered for a hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the city to reasonably determine the citee's present inability to deposit the fine. Documents suitable for consideration, may include, without limitation, accurate, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for 12 months preceding submittal of the waiver form, as well as other documentation demonstrating the citee's financial hardship. The city may, at a time chosen in its sole discretion and after a citation is final, destroy or discard the documents submitted by a citee for a hardship waiver without prior notice to the citee.

(F) Hardship waiver application. A hardship waiver application form that is incomplete or late is not a timely request for a hearing. In this event, the citee shall have waived the right to a hearing and the citation shall be final.

(G) Hardship waiver decision. The city shall issue a written decision specifying the reasons for issuing or not issuing the hardship waiver. This decision is final and non-appealable. The decision shall be served upon the person requesting the hardship waiver by first class mail.

(1) If the city approves a hardship waiver application it must set a hearing in accord with division (I) of this section.

(2) If the city determines that the citee is not entitled to a hardship waiver, the citee must deposit the full amount of the civil fine with the office of the City Clerk within ten calendar days from the date the decision is deposited with the U.S. Postal Service. If the City Clerk does not receive the full amount of the fine in the required period:

(a) A late charge shall be imposed;

(b) The request for a hearing is incomplete and untimely; and,

(c) The citee shall have waived the right to a hearing and the citation shall be final.

(H) A request for a hearing shall contain the following:

(1) The citation number.

(2) The name, address, and telephone numbers of the citee contesting the citation.

(3) A statement of the reasons a citation is being contested.

(4) The date of the request and signature of the citee.

(I) The person filing the request for a hearing shall be notified in writing by first class mail of the date, time and place set for hearing, which shall be conducted within 60 days of the date a timely and complete request is received by the office of the City Clerk. The hearing notice must be mailed at least ten calendar days before the date of the hearing. Service of the hearing notice is complete at the time of mailing. Even if a citee does not receive a properly addressed, properly served hearing notice, the citation, the hearing, and the hearing decision are valid.

(J) If the officer submits an additional written report concerning the citation to the office of the City Clerk for consideration at the hearing, then a copy of the report shall also be served by first class mail on the person requesting an administrative hearing no less than three calendar days before the hearing. Failure to receive the report does not invalidate the citation, the hearing, or the hearing decision.

(K) A timely request for a hearing does not excuse a citee from the duty to immediately abate a violation, nor from any other responsibility or legal consequences for a continuing violation of the code.

(Ord. 1008, passed 2-11-10)

(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 citing officer, nor any other officer or employee in the officer's department, be the hearing officer.

(B) Administrative hearings are informal and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a violation and responsibility for it by a preponderance of evidence. The citation is prima-facie evidence of the violation, however, and the officer who issued the citation is not required to attend or participate at the hearing. The citee(s), and officer, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A citee may bring an interpreter to the hearing provided there is no expense to the city therefore. The hearing officer may question any person who presents evidence at any hearing.

(C) A citee may appear at the hearing in person or by written declaration executed under penalty of perjury. The declaration and any supporting documents must be received by the office of the City Clerk at least three city business days before the hearing. If the citee does not attend the scheduled hearing, or does not submit a written declaration in a timely manner, he or she shall 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 an instance, the citation shall be final.

(D) Hearings may be continued once at the request of a citee or the officer who issued the citation. The hearing officer may continue the hearing for cause.

(Ord. 1008, passed 2-11-10)

(A) After considering the testimony and other evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or overturn the citation including reasons for the decision. Each decision must advise the citee of the 20-day appeal right in Cal. Gov't Code § 53069.4(b), the court filing fee for its exercise, and the citee's responsibility to serve a copy of the court-filed Notice of Appeal with the City Clerk within five calendar days of filing the original. If the citation is upheld and the violation has not been fully corrected by the date of the hearing, the hearing officer shall order correction and a time to complete it. The decision of the hearing officer is final.

(B) The hearing officer's written decision shall be served on the citee by first class mail within 15 days after the hearing. The date the decision is deposited with the U.S. Postal Service is the date of service. The failure of a citee to receive a properly addressed decision shall not invalidate any hearing, decision, city action, or proceeding regarding the citation.

(C) If a hearing officer's decision is not appealed within 20 days after the decision is mailed to the citee, the decision is final.

(D) The superior court is the sole reviewing authority. The hearing officer's decision cannot be appealed to the City Council. If a citee prevails on appeal, the city shall reimburse the court filing fee, as well as the fine deposit in accord with the court judgment. The filing fee and fine deposit shall be mailed to the citee within 30 calendar days of the city's receipt of a notice of judgment or ruling from the superior court clerk.

(Ord. 1008, passed 2-11-10)

Failure of a citee to comply with a corrective order stated in any uncontested citation, or in any hearing officer decision that is not appealed to the superior court, or in a hearing officer decision that is upheld in superior court, is a new and separate misdemeanor offense.

(Ord. 1008, passed 2-11-10)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The City Council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions is declared invalid or unconstitutional.

(Ord. 1008, passed 2-11-10)