South El Monte Municipal Code Ch. 1.14 Administrative Penalty Procedure

The following definitions shall govern construction of this chapter, unless the context clearly requires otherwise:

"Administrative citation"

means the written notice provided to a responsible party that a violation of the Code has occurred and is subject to assessment of a civil fine as issued by a code enforcement officer as defined herein.

"Code"

means the South El Monte Municipal Code, any city ordinance, and any code adopted by reference.

"Code enforcement officer"

means an officer or employee who is authorized to issue administrative citations on behalf of the city.

"Compliance order"

means the written notice provided to a responsible party that a continuing violation of the Code pertaining to building, plumbing, electrical, or other similar structural or zoning issues exists that does not create an immediate danger to health or safety.

"Hearing officer"

means the impartial person appointed by the city manager or other appointed authority designated under the Code to preside over administrative citation appeal hearings under this chapter.

"Legal interest"

means any ownership interest of any person as hereafter defined in real or personal property as evidenced by title or ownership documents or instruments recorded with the Los Angeles County recorder's office or on file with, or in possession of, any other governmental entity. "Legal interest" shall also include the property interest of lessees or tenants of real property, as well as all sublessors there-of.

"Responsible party"

means any person responsible, as determined by the code enforcement officer issuing the administrative citation, for committing a violation of the Code, or any person causing or permitting a condition on a parcel of real property located within the city to be in violation of the Code, including each person who has a legal interest in that real property, or otherwise allows, causes, creates, maintains, suffers or permits any violation of the Code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A responsible party shall also include employees, principals, joint venturers, officers, agents, property managers, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the real property subject to a violation of the Code. In the event the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardians shall be deemed the responsible party. In the event the violation is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner or officer of that business, shall each be deemed a responsible party.

(Ord. 1229 §1, 2018)

A. This chapter provides for an administrative remedy for any violation of the Code. 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. Code enforcement officers are vested with the authority to gain compliance with the provisions of the Code. These powers include, but are not limited to, the power to use all judicial and administrative remedies available, including issuance of administrative citations.

C. Any notice required under this chapter shall be served in the manner set forth as follows:

1. If the responsible party is not the owner of the property where the alleged violation occurred, written notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the Post Office.

2. When personal service or service by United States mail upon any responsible party is unsuccessful, a copy of the notice shall be posted in a conspicuous place on the property where the alleged violation occurred.

3. Notice will be effective on the date of mailing. The failure of any responsible party to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under the Code.

D. The remedies provided by this chapter are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of the Code. The use of administrative citations shall be at the sole discretion of the city.

(Ord. 1229 §1, 2018)

A. Whenever a code enforcement officer determines that a violation of the Code has occurred, the code enforcement officer may issue an administrative citation to each and any responsible party.

B. To the extent the following information is reasonably available to the code enforcement officer, the administrative citation shall include:

1. The date and location of the violation and the approximate time the violation occurred;

2. The section of the Code violated and a description of how the section was violated;

3. The amount of the fine assessed for the Code violation and a description of the fine payment process;

4. An order to correct the Code violation described in the administrative citation;

5. A description of the administrative citation appeals hearing procedure, the appeal period, and the place from which to obtain an appeal form; and

6. The name and signature of the citing code enforcement officer.

C. Continuing violations that pertain to building, plumbing, electrical or other similar structural or zoning issues.

1. When a code enforcement officer determines that a continuing violation of the Code exists that pertains to building, plumbing, electrical, or other similar structural or zoning issues and does not create an immediate danger to health or safety, the code enforcement officer shall provide a reasonable period of time to correct or otherwise remedy the violation. The code enforcement officer shall issue a compliance order that serves as a written warning of responsibility and requires the responsible party to immediately cease the violation and abate the violation within the reasonable period of time. As used in this section, "reasonable period of time" means ten days, or such longer period as may be authorized by the code enforcement officer. "Similar zoning issues," as that term is used in this section, does not include land use regulations.

2. In the event that the violation has not been abated within the authorized correction period, the city may issue an administrative citation.

3. The compliance order will include the same information reasonably available to the code enforcement officer as required in issuance of an administrative citation, as set forth in subsection B.

4. If the code enforcement officer determines that all violations specified in the compliance order have been corrected within the time set forth in the order, no further action shall be taken against the responsible party regarding the violations.

D. Upon service of an administrative citation, the responsible party shall pay the fine no later than ten days from the date of service of the administrative citation. 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.

E. Upon service of a compliance order, the responsible party shall comply with the compliance order to remedy the violation within the time specified on the compliance order.

(Ord. 1229 §1, 2018)

A. The amount of the fine associated with the administrative citation will be assessed according to a schedule of fines adopted by the city council. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time, and fines may vary depending on the particular Code provision violated. Each responsible party shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision or section of the Code or condition of approval is committed, continued or permitted by such person, and shall be punished accordingly.

B. The fine shall be paid to the city within ten days from the date of service of the administrative citation. Any person who fails to pay any fine imposed by the city shall also be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

C. Fine payment does not extinguish the duty to correct the violation nor does fine payment bar further enforcement action by the city.

D. If the violation is not abated, additional, subsequent administrative citations may be issued for the same violation. Fines will accrue until the violation is properly abated to the satisfaction of the city. The amount of the fine for failure to correct the violation will increase at the rate established by city council resolution.

E. A responsible party who fails to pay any fine or other charge owed to the city under this chapter is liable in an action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys' fees incurred by the city. Such collection costs are in addition to any fines and late charges accrued.

(Ord. 1229 §1, 2018)

A. The fine associated with any administrative citation must be paid within ten days from the date of service of the administrative citation and is not deferred if an administrative citation appeals hearing is requested pursuant to this section.

B. An appeal of an administrative citation must be in writing and filed in the city clerk's office within ten days from the date of service of the administrative citation. The fine and any administrative deposit required by city council resolution shall be filed prior to or concurrently with the written appeal. The appeal must set forth fully the grounds upon which the appeal is based. The administrative citation shall be final unless appealed in accordance with this section.

C. The city manager, or a duly authorized designee, is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of hearing officers and all other matters relating to conducting administrative citation appeals hearings as provided in the Code.

D. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for other reason for which a judge may be disqualified in a court of law. Disqualification of a hearing officer shall be based upon a showing of actual bias, prejudice, interest or other reason.

(Ord. 1229 §1, 2018)

A. A requested appeal shall be heard before a hearing officer within thirty days of the city's receipt of the appeal, unless both the city and recipient requesting the hearing ("appellant") agree to a later date.

B. The hearing officer shall conduct the hearing in an informal manner and the formal rules of evidence and discovery shall not apply. The hearing officer shall consider only evidence relevant to whether a violation of the Code occurred and whether the appellant caused or maintained the violation of the Code on the date(s) specified. The hearing officer does not have the authority to issue a subpoena.

C. Neither the code enforcement officer nor any other city staff shall be required to attend the hearing. The administrative citation and any additional report submitted by the city shall constitute prima facie evidence of the respective facts contained in those documents. If the appellant presents evidence to the contrary, the burden of proof shall shift to the city.

D. A preponderance of the evidence shall be the standard of proof used by the hearing officer in deciding the issues at an administrative citation appeals hearing.

E. The hearing officer may grant a continuance of the hearing for good cause or request additional information from a code enforcement officer or appellant prior to issuing a written decision. Failure to appear by the appellant constitutes a forfeiture of the right to contest the fine, as well as a failure to exhaust administrative remedies.

F. The city manager retains the discretion to dismiss any violation of the Code at any time during the hearing process, and cancel the administrative citation and refund any related costs and penalties.

(Ord. 1229 §1, 2018)

A. Within ten days following the administrative citation appeals hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall explain the reason for that decision based on all the testimony and evidence submitted at the hearing. The written decision shall also include information on the right of the appellant to judicial review.

B. The appellant shall be served with a copy of the hearing officer's written decision, which shall be served either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the Post Office.

C. If the hearing officer determines that the administrative citation should be upheld, the fine associated with the administrative citation shall be retained by the city. If the hearing officer determines the administrative citation should be canceled, then the city shall promptly refund the amount of the deposited fine, together with any late fees paid for the period of time the fine was held by the city.

D. The hearing officer shall assess against the appellant administrative costs incurred in connection with any violation found to exist, or for any violation which was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with prosecuting the violation, including, but not limited to, investigation costs, staffing costs for preparing and conducting the administrative hearing, costs for all inspections necessary to enforce compliance, and attorneys' fees incurred there-with. The decision shall specify the date by which the costs must be paid to the city.

(Ord. 1229 §1, 2018)

A. Late Payment Charges. Any person who fails to pay to the city on or before the due date any fine imposed pursuant to the provisions of this chapter shall be liable for the payment of late payment charges as follows:

1. For payments received within 30 days after the due date, a late fee in the amount of 50% of the fine is due.

2. For payments received more than 30 days after the due date, a late fee in the amount of 50% of the fine is due, plus an additional 10% of the overdue fine for each month the payment is overdue. The maximum late fee shall be 100% of the overdue fine.

B. Collection of Fines and Costs—Lien Procedure.

1. If the responsible party fails to satisfy in full the assessed fines and costs by the time specified in the hearing officer's decision or the administrative citation, and no timely appeal of the hearing officer's decision has been filed with the Los Angeles Superior Court, the city may recover the out-standing fines and costs by imposing a lien against the real property on which the violation occurred.

2. 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 city 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 deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed at least ten days before the date of the hearing.

3. If the city council determines that the lien should be imposed, the responsible party will have forty-five days to satisfy the assessed fines and costs in full. If after that time the assessed fines and costs are not paid in full, a code enforcement officer shall then prepare and file with the city clerk a report stating the amount due and owing.

4. After the report is filed with the city clerk, the city 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.

5. The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in the Code or by law. The city may collect any past due fines and costs by use of any available legal means.

(Ord. 1229 §1, 2018)

A. Late Payment Charges. All late payment charges shall accrue in the same manner as provided in Section 1.14.080(A) of this Code.

B. If the responsible party fails to satisfy in full the assessed fines, fees and costs by the time specified in the hearing officer's decision or the administrative citation, and no timely appeal of the hearing officer's decision has been filed with the Los Angeles Superior Court, the city may recover the outstanding fines and costs by imposing a special assessment lien against the real property on which the violation occurred.

C. In addition to other remedies listed in this code, the city may cause the fine or fines imposed by a payment order to be collected as a special assessment lien on the property on which any violation or noncompliance occurred by requesting the city council or independent hearing officer to hear and consider all statements, protests or objections raised about the amount of said fine or fines and fees on the Los Angeles County tax rolls for collection. The city council or independent hearing officer's decision shall be in writing and issued within 10 business days of the hearing. The following procedures shall be utilized to impose assessment liens:

1. A notice of proposed assessment lien shall be served on the owner of the property in the same manner as the administrative citation was served on the owner, or by mailing said notice by certified or registered mail, to the address shown on the official records of the county assessor. The notice shall state the amount of fine or fines sought to be imposed on the property as an assessment lien, the assessor's parcel number (APN) and/or legal description of the property on which the assessment lien is sought to be imposed and notice of the owner's right to appeal the proposed imposition of the assessment lien by filing a written appeal within ten days from the date of service or mailing of said notice. The notice shall warn the owner that a failure to file a written appeal with the city within said 10 day period shall constitute a waiver of the owner's right to appeal the imposition of the proposed assessment lien on the owner's property.

2. Within 10 days from the date of service or mailing of said notice, the property owner may file a written appeal to the proposed assessment lien and pay any required fee to the city or waive the right to such an appeal. Whenever a property owner fails to file a timely appeal to a proposed special assessment, the department director shall prepare a document for recording with the county that imposes an assessment lien on the owner's property.

3. The city manager shall hear each appeal within 14 calendar days after the date on which the appeal was filed. Written notice of the hearing date shall be served on the owner, at least, seven days prior to the hearing on the appeal. At the hearing on the appeal, the city manager shall consider the citation of the hearing officer imposing the fine or fines on the citee, the computation of the amount of the proposed assessment lien, the evidence that the owner owns the property on which the assessment lien is sought to be imposed and the evidence that the violation or noncompliance supporting the order of the hearing officer occurred at or was related to the property on which the assessment lien is sought to be imposed. At the conclusion of the hearing, the city manager shall determine whether or not to impose an assessment lien on the property of the owner in such amount that they deem to be fair and reasonable. The decision of the city manager shall be final and not subject to judicial review unless the citee filed a timely appeal pursuant to this code and applicable state law.

D. Notice of Special Assessment. When a special assessment is charged against property as provided in this chapter, the city shall mail a notice by certified mail to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.

E. The city shall file with the county auditor a certified copy of the notice of special assessment, a brief description of the abatement action taken and a request that the charges be added to the tax rolls and collected at the same time and in the same manner as ordinary municipal taxes.

F. The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in the Code or by law. The city may collect any past due fines and costs by use of any available legal means.

(Ord. 1257 §2, 2022)

Within 20 days after service of the hearing officer's decision upon the appellant, the appellant may seek review of the decision by filing a notice of appeal with the Los Angeles Superior Court and serving the city clerk with the notice of the appeal in accordance with Government Code Section 53069.4. If the appellant fails to timely file a notice of appeal, the decision shall be final.

(Ord. 1229 §1, 2018)