Signal Hill Municipal Code Ch. 8.13 Administrative Citations

Under the provisions of state law and this code, violations of certain sections of the code may be prosecuted criminally, enjoined by civil action, or abated by the city. The purpose of this chapter is to provide for an additional remedy to be referred to as administrative citation, as authorized by Cal. Gov’t Code § 53069.4.

(Ord. 2023-11-1545 § 8 (part), 2023; Ord. 2001-10-1296 § 2 (part))

For the purpose of this chapter, the following definitions shall apply:

A. “Enforcement officer” means the director of community development, or his or her designee.

B. “Person” means any natural person or legal entity.

C. “Responsible party” means:

1. A person who causes a code violation to occur;

2. A person who maintains or allows a code violation to continue, by his or her action or failure to act;

3. A person who is the owner or a lessee or sub-lessee, with the current right of possession, of real property where a property-related code violation occurs or exists.

(Ord. 2023-11-1545 § 8 (part), 2023; Ord. 2001-10-1296 § 2 (part))

A. Citation Power. The director of community development may issue an administrative citation as provided by this chapter.

B. Violations Subject to Citation. Any violation of the Signal Hill Municipal Code, condition of approval of a permit, license, or entitlement, condition of environmental review, or city agreement is subject to the administrative citation process.

C. Correction Notice. If the violation is of a continuing nature, pertains to building, plumbing, electrical, or other similar structural or zoning issues, and is deemed by the enforcement officer not to create an immediate danger to health and safety, then the enforcement officer must issue a written correction notice to the responsible party before a fine may be imposed. Such notice must refer to the code section(s) violated and facts supporting the issuance of the correction notice. The correction notice must also describe the action(s) necessary to correct the violation, state the final date by which the correction must be completed, which must be a reasonable period of time in the discretion of the enforcement officer, and inform the responsible party that he or she is subject to citation if the correction is not made by that date. A correction notice is not appealable.

D. Fine Amount. Any responsible party who receives an administrative citation is subject to the payment of fines as set forth in this section. Administrative fines for administrative citation may be set by the city council by resolution in a schedule of fines, which may be amended from time to time, or in an applicable ordinance. If the fine is not otherwise set by resolution or ordinance, fines for administrative citations are as follows:

1. A fine not exceeding $100 for a first violation;

2. A fine not exceeding $200 for a second violation of the same provision of this code within one year; and

3. A fine not exceeding $500 for each additional violation of the same provision of this code within one year.

E. Citation Contents. Each administrative citation must contain the following information:

• 1. Name of responsible party;
• 2. Date and location where the violation(s) was observed;
• 3. The code section(s) or condition(s) violated and a description of the violation(s);
• 4. The amount of the fine for the violation(s);

5. An explanation of how the fine must be paid, and the time period within which it must be paid;

6. Identification of rights of appeal and appeal process, including the time within which the administrative citation may be contested;

7. The name of the enforcement officer issuing the administrative citation; and

8. An order to correct the violation, the actions needed to correct the violation, the timeframe within which to correct the violation, and an explanation of the consequences for failing to correct the violation.

F. Delivery of Citations. An administrative citation must be issued by personal service on the responsible party or first-class United States mail to the responsible party’s last known address. Service is effective on the date the notice is personally delivered or mailed. The failure of a responsible party to receive a properly-served administrative citation does not affect the validity of the administrative citation or any proceeding undertaken to this chapter.

G. Satisfaction of Citation. Within fifteen calendar days from the date the administrative citation is issued, the responsible party must do one of the following:

1. Pay the administrative fine designated on the administrative citation; or

2. Pay the administrative fine designated on the administrative citation and make a written request to the city clerk for an administrative hearing in accordance with Section 8.13.050.

H. Obligation to Correct Violation. Payment of a fine does not excuse or discharge a failure to correct continuing violation, nor does it bar further enforcement action by the city. Failure to correct the municipal code violation may result in the issuance of additional administrative fine citations, the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the city.

(Ord. 2023-11-1545 § 8 (part), 2023; Ord. 2001-10-1296 § 2 (part))

A. Delinquency of Administrative Fine. Payment of an administrative fine is delinquent thirty days after the fine becomes due and payable. A delinquent administrative fine will be treated as an account receivable by the city and will be subject to the city’s established policy for delinquent accounts payable. Furthermore, the city will also be required to pay to the city its actual cost of collection.

B. Delinquency Penalty. Any person who fails to pay to the city the amount of any fine imposed pursuant to this chapter, on or before the date that fine amount is due, is liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to ten percent of the amount due the city, or ten percent of the amount of the fine remaining unpaid to the city if a portion of the fine amount was timely paid. Interest shall accrue on all delinquent accounts, exclusive of delinquent penalties at the rate of one-half of one percent per month, pro rata, of the total delinquent fine amount, from the date the fine becomes delinquent until the date that all delinquent fine amounts are paid to the city.

(Ord. 2023-11-1545 § 8 (part), 2023; Ord. 2001- 10-1296 § 2 (part))

A. Request for Hearing. Any responsible party desiring to challenge the issuance of an administrative citation shall, within fifteen calendar days from the date the administrative citation is issued, make a written request for a hearing with the city clerk setting forth the basis of the challenge. The responsible party shall cause to be deposited with the city’s finance department the entire administrative fine plus two hundred fifty dollars as an offset to one-half the fee associated with payment of an administrative hearing officer. Subject to subsection (E), both parties shall equally share the cost for the hearing officer.

B. Selection of Hearing Officer. The City Manager shall designate or appoint, in accordance with applicable law, a hearing officer. The employment, performance evaluation, compensation, and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the hearing officer. The list of hearing officers shall contain no fewer than three names and shall not include any person employed by the city.

C. Hearing Procedure. Administrative hearings are informal and rules of evidence and discovery do not apply. The city bears the burden of proof to establish a violation and responsibility thereof by a preponderance of evidence. The citation is prima facie evidence of the violation, however, the enforcement officer who issued the citation is not required to attend or participate at the hearing. The responsible party and enforcement officer, if present, shall have an opportunity to testify, present witnesses and evidence and to cross-examine witnesses presented by the city in support of the administrative citation. The hearing officer may question any person who presents evidence or who testifies at the hearing. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party has caused or maintained the violation(s).

D. Hearing Decision. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue an administrative order at the conclusion of the hearing or within fifteen days to uphold or overturn the citation and shall state the reasons thereof. The responsible party shall be served by first class mail with a copy of the administrative order. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of a responsible party to receive a properly addressed decision shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this chapter.

E. Decision in Favor of the Responsible Party. If the administrative hearing officer concludes the responsible party did not, in fact, violate any provision of the Signal Hill Municipal Code and dismisses the citation, then the city shall reimburse the responsible party the entire administrative fine amount and two hundred fifty dollar fee paid pursuant to subsection (A). Dismissal of an administrative citation shall not preclude the city from the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the city.

F. Waiver of Right to Hearing. The responsible party’s failure to appear at a scheduled hearing shall constitute a waiver of the right to a hearing as well as a waiver of a right to judicial review of the imposition of the administrative fine.

(Ord. 2023-11-1545 § 8 (part), 2023; Ord. 2001-10- 1296 § 2 (part))

If an administrative citation is rendered in favor of the city, the order shall be final. The responsible party may seek judicial review of the administrative order by filing an appeal with the superior court pursuant to Cal. Gov’t Code § 53069.4(b) within twenty days after date of service of the administrative order. A copy of the court-filed notice of appeal shall be served in person or by first-class mail upon the city.

(Ord. 2023-11-1545 § 8 (part), 2023; Ord. 2001-10-1296 § 2 (part))