Torrance Municipal Code Art. 8 Administrative Citations and Fines

a) This Article authorizes the issuance of Administrative Citations to any person who violates any provision of the Municipal Code in order to encourage and maintain compliance with the provisions of the Municipal Code for the benefit and protection of the entire City. This Article governs the imposition, enforcement, collection and administrative review of all Administrative Citations issued under authority of Government Code Section 53069.4 and the police power of the City.

b) The issuance of Administrative Citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder, and the issuance of an Administrative Citation to any person constitutes but one remedy of the City to redress Violations of the Municipal Code by any person. By adopting this Article, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any Violation of the Municipal Code by any person, which the City may otherwise pursue.

c) The stipulations outlined in this Article are not restricted to any one department, and persons authorized its usage include, but are not limited to, persons holding the job titles enumerated in the Municipal Code Section 11.2.5. The City Manager or his/her designee may authorize additional City positions to issue Administrative Citations.

d) Every person who applies for and receives a permit, license, land use approval (e.g., subdivision map, conditional use permit, variance, etc.) or any other approval required by the City shall comply with all conditions imposed upon the issuance of such permit, license or approval. A Violation of any condition of such permit, license or approval shall be subject to an Administrative Citation under the provisions of this Article. Likewise, any person who fails to obtain any permit, license, land use approval or any other approval from the City when such person is so required by the Municipal Code shall be subject to an Administrative Citation under this Article.

e) Because of the serious blighting conditions that result from persistent or prolonged failure to comply with the provisions of the Municipal Code and effect of such conditions on the desirability and marketability of surrounding properties and on the public health, safety, and welfare, this Article hereby imposes strict civil liability upon the owners of real property for all Violations of the Municipal Code existing on real property. Each day a Violation of the Municipal Code exists or continues shall constitute a separate Violation and shall be subject to a separate and continuing administrative fine.

a) The City Council finds that there is a need for an alternative method of enforcement for ordinances, permits and entitlements, reviews, and City Agreements.

b) The procedures established in this Article are in addition to criminal, civil or other legal remedies that may be available to the City of Torrance to enforce the provisions of the Municipal Code and/or permits and entitlements, as defined in this Article.

c) The City Council finds that administrative penalties, which are authorized by California Constitution Article XI, Section 7, and the Government Code Section 53069.4, are an appropriate alternative method of enforcement of the provisions of the Municipal Code.

d) The City Council finds and determines that enforcement of the provisions of the Municipal Code and enforcement of the conditions of entitlements or permits are municipal affairs under the California Constitution Article XI, Section 5 and Torrance City Charter Section 400, as well as matters of purely local concern to the citizens of Torrance.

e) The City Council finds that the adoption and implementation of this Administrative Citation program is within the power and authority of the City of Torrance and will achieve the following goals:

1. To protect the public health, safety and welfare of the citizens of the City of Torrance.

2. To help ensure compliance with the Municipal Code and State codes, ordinances, permits and entitlements, reviews, and City Agreements in a timely and efficient manner.

3. To provide for an administrative process to appeal the imposition of Administrative Citations and fines that will fully comport with due process.

4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Torrance Municipal Code, ordinances, permits and entitlements, approvals, reviews, and City Agreements.

The following definitions apply to the use of these terms for the purposes of this Article:

a) “Administrative Citation” means a written notice, on a form to be approved by the City Manager, which mandates corrective action and establishes an administrative fine as a penalty for noncompliance.

b) “City Agreement” means, but is not limited to, a development agreement, owner participation agreement, disposition and development agreement, road maintenance agreement, easement, license, other real property use agreement, and agreement to implement an ordinance, plan, permit, entitlement, or review approved by the City.

c) “City Manager” means the City Manager of the City of Torrance, or his or her designee.

d) “Enforcement Personnel” means any employee or agent of the City of Torrance designated under the Municipal Code Section 11.2.5 or by the City Manager to enforce any provision of the Municipal Code, City Agreement, Federal law, State law and/or any regulations promulgated thereunder.

e) “Environmental Review” means, but is not limited to, a development review, environmental impact report, mitigated negative declaration, negative declaration, and determination of categorical exemption.

f) “Department” means any department of the City of Torrance;

g) “Issuance” or “Issued” means either of the following:

1. The preparation and service of an Administrative Citation; or

2. The mailing of the Administrative Citation to the Responsible Person to the address shown on the official records of the County Assessor or an address known to be of the Responsible Person.

h) “Hearing Officer” means the person appointed to serve as the Hearing Officer for administrative hearings hereunder.

i) “Municipal Code” means the Torrance Municipal Code and/or incorporated therein.

j) “Notice of Violation” means a written notice prepared by an enforcement official which informs a Responsible Person of a Violation, requires compliance and contains specific information as required by the Municipal Code.

k) “Permit or Entitlement” means, but is not limited to, a conditional use permit, sign permit, variance, specific plan, parcel map, subdivision map, building or grading permit, encroachment or right of way permit, business license, stormwater permit, and/or any other permit or approval that is required or authorized by, or promulgated pursuant to, the Municipal Code, City Agreement, Federal law, State law and/or any regulations promulgated thereunder.

l) “Responsible Person” means a person who causes a Municipal Code Violation to occur, or allows a Violation to exist or continue, by his or her action or failure to act, or whose agent, employee, or independent contractor causes a Violation to occur, or allows a Violation to exist or continue. There is a rebuttable presumption that the record owner of a parcel, as shown on the County’s latest equalized property tax assessment rolls, and a lessee of a parcel has notice of any Violation existing on said property. “Responsible Person” also includes any individual who is:

1. The owner, tenant, lessee, or occupant of real property;

2. Any person that controls or possesses real property;

3. The holder or the agent of the holder of any permit, entitlement, or review;

4. The party or the agent of the party to an agreement covered by this Article;

5. The owner, majority stockholder, general partner, or authorized agent of any business, company, or entity; or

6. The parent or the legal guardian of any person under the age of eighteen years, who causes, maintains or allows a Violation of this Article.

For the purposes of this Article, there may be more than one Responsible Person for a Violation.

m) “Violation” or “Violates” refers to any Violation of any provision of the Municipal Code including, but not limited to, any Violation of building, housing, plumbing, electrical, or other similar provisions of the Municipal Code or any applicable regulations or standards. “Violation” or “Violates” also means the failure to comply with any condition or requirement imposed on any agreement, permit, license, land use approval, or any other approval issued to a Responsible Person under or pursuant to the Municipal Code.

a) An Administrative Citation may be issued to a Responsible Person for the Violation of any provision of the Municipal Code or for a failure to comply with any condition or requirement imposed on any permit, license, City Agreement, environmental review issue, land use approval or other approval used under or pursuant to the Municipal Code.

b) Persons holding the job titles enumerated in the Municipal Code Section 11.2.5 may issue Administrative Citations for Violations for which those persons have the responsibility to enforce. The City Manager, at his or her discretion, may authorize additional City positions to issue an administration citation where it is determined that the primary duties of such persons are the prevention, detection, investigation, and enforcement of Violations of statutes of the Municipal Code or ordinances regulating public health, safety, welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs.

c) The City may serve an Administrative Citation by any means deemed adequate to the City, which includes but is not limited to, physical delivery, delivery by first class mail, delivery by overnight carrier service, or delivery by digital mail. The City may serve an Administrative Citation by posting it on any real property within the City in which the City has knowledge that the Responsible Person has a legal interest, and such posting shall be deemed effective service.

d) If the City issues an Administrative Citation because the Responsible Person lacks a required permit or license required by the Municipal Code, and the administrative fine is delinquent, the City shall not issue the permit or license until the delinquent administrative fine and any applicable penalties and interest are paid. Similarly, no permit or license shall be issued or renewed until any and all outstanding administrative fines for Administrative Citations have been paid in full, regardless of the Violation which triggered the Administrative Citation.

e) A Responsible Person to whom an Administrative Citation has been issued shall be liable for and shall pay to the City for the administrative fine or fines described in the Administrative Citation unless such Responsible Person appeals the imposition of such administrative fine or fines as provided herein and is relieved of the obligation to pay such administrative fine or fines. However, the payment of such an administrative fine or fines shall not relieve any Responsible Person from any Violation of the provisions of the Municipal Code for which such administrative fine or fines have been imposed and paid. Any such Responsible Person shall continue to be responsible for complying with the provisions of the Municipal Code and correcting any and all Violations of the Municipal Code.

f) Each Administrative Citation shall contain the following information, when available:

1. The name of the Responsible Person charged with any Violation of any applicable regulation or standard and/or agreement, approval, or permit.

2. The date or dates on which the Responsible Person violated the regulation(s), standard(s), agreement(s), approval(s), and/or permit(s).

3. The section or sections that were violated.

4. The location where the Violation occurred.

5. The amount of the administrative fine to be imposed for each Violation.

6. An explanation of how the administrative fine shall be paid and the time period by which it shall be paid.

7. A notice that each Violation of the Municipal Code and/or permit also constitutes a nuisance and that collection of unpaid administrative fines or nuisance abatement costs may be enforced by any available legal means.

8. A notice of the procedure to request an administrative hearing to contest the Administrative Citation.

9. The signature of Enforcement Personnel who issued the Administrative Citation.

10. The date the Administrative Citation is issued.

11. Any other information deemed necessary by the City Manager for enforcement or collection purposes.

a) Each Responsible Person who Violates any provision of the Municipal Code or for a failure to comply with any condition or requirement imposed on any permit, license, City Agreement, environmental review issue, land use approval or other approval issued under or pursuant to the Municipal Code or applicable regulation or standard shall be subject to the imposition and payment of an administrative fine or fines as provided herein. Likewise, any Responsible Person who fails to obtain any permit, license, land use approval or any other approval from the City when such a Responsible Person is so required by the Municipal Code shall be subject to an administrative fine under this Article.

b) Each and every day that a Violation of the Municipal Code and/or permit exists constitutes a separate and distinct offense. A separate Administrative Citation may be issued for each day a Violation occurs.

c) An administrative fine shall be assessed by means of an Administrative Citation issued by the City and shall be payable as directed on the Administrative Citation.

d) Except as may otherwise be provided in the Torrance Municipal Code or in the Master Fee Schedule adopted by the Torrance City Council for Violation of certain ordinance provisions, Violations are subject to the administrative fines as set forth in Sections 36900 and 36901 of the California Government Code, as amended.

e) If the Violation pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health and safety, then the Responsible Person shall be issued a Notice of Violation for the first Violation. The Notice of Violation will advise the Responsible Person of the nature of the Violation and the date by which the Violation must be corrected. The Responsible Person will be given thirty days to correct the Violation. If the Violation is not corrected within that time period, an Administrative Citation shall be issued. Notwithstanding the foregoing, an Administrative Citation may be issued without compliance with the prior notice requirement, or with a reduced period within which a Violation must be corrected if the circumstances so warrant.

f) The Director of the Department that issued the Notice of Violation may, in his or her sole discretion, extend said correction period for up to a maximum thirty additional calendar days provided that the Responsible Person to whom the Notice has been issued demonstrates that he or she has made substantial progress to correct the Violation or Violations, that he or she has been diligent in correcting said Violation or Violations, and that he or she was unable to correct said Violation or Violations within the initial correction period from the issuance of the Notice. The Responsible Person to whom a Notice has been issued must submit a written request, within five calendar days of the correction deadline, to the Director in order to seek such an extension. The request shall contain a description of the corrections made, the corrections remaining to be made, the date when the Violation or all of them shall be corrected, and the facts showing that correcting the Violation or Violations is not possible or practicable within said initial correction period. The Director shall respond in writing within ten calendar days of receipt of the request and the decision of the Director shall be final. Failure of the Director to respond within ten calendar days shall act as an automatic denial of the request. Unless the Responsible Person to whom the Notice is issued corrects all of the Violations described in the Notice within the correction period from the issuance of the Notice or such other extended period as may have been granted if a correction period is provided on the Notice, correction of the Violation within the correction period does not negate the Administrative Citation, as the Administrative Citation fee will continue to stand and must be paid.

g) All administrative fines imposed hereunder shall be paid to the City, as directed on the Administrative Citation (e.g. directly to the City or through a third party administrator). Payment of any administrative fine or fines shall not excuse the Responsible Person from complying with the provision of the Municipal Code, approval, and/or permit so violated. The issuance of an Administrative Citation and/or payment of any administrative fine shall not bar the City from employing any other enforcement action or remedy to obtain compliance with the provisions of the Municipal Code and/or permit so violated including the issuance of additional Administrative Citations.

a) Upon receipt of an Administrative Citation, the Responsible Person must do the following:

1. Correct the Violation; and

2. Pay the specified administrative fine to the City within thirty calendar days from the date the Administrative Citation is served. All administrative fines assessed shall be payable to the City of Torrance unless otherwise stated on the citation. Payment of an administrative fine shall not excuse or discharge the failure to correct the Violation(s) nor shall it bar further enforcement action by the City; or

3. Contest the Administrative Citation and request an administrative hearing within ten calendar days from the date the Administrative Citation is served in accordance with Section 12.8.070.

a) Any Responsible Person to whom an Administrative Citation is issued may choose to contest the Administrative Citation by requesting an administrative hearing within ten calendar days of service of the Administrative Citation either in person, by mail, or by electronic service. In order to request an administrative hearing, the Responsible Person shall submit in the manner directed on the Administrative Citation a fully completed request for administrative hearing form along with either a deposit of the full amount of the administrative fine (in cash or by way of a negotiable check) or a notice that an advance deposit hardship waiver request has been filed pursuant to paragraph (b) of this section. The request for an administrative hearing shall be incomplete if it does not include the deposit in the full amount of the administrative fine or the request for a hardship waiver. If a timely and complete request for an administrative hearing is not submitted, the Administrative Citation shall be deemed final, and the administrative fine shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent administrative fine shall not preclude issuance of additional Administrative Citations to the Responsible Person should the Violation persist.

b) Any Responsible Person who requests an administrative hearing to contest an Administrative Citation and who is financially unable to deposit the administrative fine as required in paragraph (a) of this section may file a request for an advance deposit hardship waiver. The request shall be filed with the Department that issued the Administrative Citation on an advance deposit hardship waiver application form, available from the respective Department, no later than ten calendar days after service of the Administrative Citation and prior to filing an appeal to the Administrative Citation. The City Manager, or his or her 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 his or her designee, the Responsible Person’s financial inability to deposit with the City the full amount of the administrative fine in advance of the administrative hearing. Written proof of financial hardship, at a minimum, must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the Responsible Person is unable to deposit the penalty. The City Manager, or his or her designee, shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be final and shall be served upon the Responsible Person requesting the waiver by any means deemed adequate to the City, which includes but is not limited to, delivery by first class mail, delivery by overnight carrier service, or delivery by digital mail. If the City Manager, or his or her designee, determines that the waiver is not warranted, the Responsible Person shall remit the full amount of the administrative fine as a deposit within ten calendar days of mailing of the decision. If the full amount of the administrative fine is not deposited within the ten calendar day period, the request for an administrative hearing shall be deemed incomplete and waived, and the Administrative Citation shall be deemed final. The administrative fine shall be immediately due and owing to the City and may be collected in any manner allowed by law.

c) In the event that the Responsible Person files a timely request for an administrative hearing, the Director of the Department that issued the Administrative Citation shall advise the Responsible Person by letter, no later than forty-five calendar days after receiving the Responsible Person’s request for an administrative hearing, of the date, time, and place set for the administrative hearing. The administrative hearing shall be set on a date that is no less than fifteen calendar days and no more than ninety calendar days after the date of the notice. The failure of the Responsible Person to appear at the administrative hearing shall constitute a waiver of the Responsible Person’s right to an administrative hearing on the Administrative Citation and any defenses to the Administrative Citation that the Responsible Person may have had.

The City Manager, or his or her designee, or a third party retained by the City to administer the Administrative Citation process shall select a fair and impartial Hearing Officer for the administrative hearing. The Hearing Officer shall not be a current Torrance City employee.

a) No administrative hearing to contest an Administrative Citation before a Hearing Officer shall be held unless and until a request for an administrative hearing form has been completed and submitted, and the administrative fine has been deposited in advance, or an advance deposit hardship waiver has been approved by the City Manager.

b) An administrative hearing before the Hearing Officer shall be set for a date that is not less than fifteen calendar days and not more than ninety calendar days from the date that the request for an administrative hearing is filed in accordance with the provisions of this Article. The Responsible Party requesting the administrative hearing shall be notified of the time and place set for the administrative hearing at least ten calendar days prior to the date of the administrative hearing.

c) At least ten calendar days prior to the administrative hearing, the recipient of an Administrative Citation shall be provided with copies of Administrative Citations, reports and other documents submitted or relied upon by the Enforcement Personnel. If, after copies of documents have been provided to the Responsible Party, the City submits to the Hearing Officer additional documents then, whenever possible, a copy of such documents shall be provided to the Responsible Party prior to the administrative hearing. No other discovery is permitted.

d) The administrative hearing shall be conducted by a Hearing Officer on the date, time and place specified in the Notice to the Responsible Person.

e) The Hearing Officer shall only consider evidence that is relevant to whether the Violation(s) occurred and whether the Responsible Person has caused or maintained the Violation(s). Formal rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify, if the Hearing Officer determines that the evidence is reliable. Admission of evidence and the conduct of the administrative hearing shall be controlled by the Hearing Officer in accordance with the fundamentals of due process. The Hearing Officer may limit the total length of the administrative hearing to one hour.

f) At the administrative hearing, the parties requesting the administrative hearing shall be given the opportunity to present, either themselves or through a representative, evidence and testimony concerning the Administrative Citation. The City’s case shall be presented by an Enforcement Personnel or by any other authorized agent of the City.

g) The failure of the Responsible Party of an Administrative Citation to appear at the administrative hearing, either personally or through counsel, shall be deemed an admission that the Administrative Citation in question was appropriately and validly issued, resulting in a forfeiture of the administrative fine.

h) The Hearing Officer may consolidate into one (1) administrative hearing all outstanding Administrative Citation appeals relating to the same owner or Responsible Party.

i) The Hearing Officer may continue the administrative hearing and request additional information from the Enforcement Personnel or the recipient of the Administrative Citation prior to issuing a written decision.

a) After considering all of the testimony and evidence submitted at the administrative hearing, the Hearing Officer may announce a decision orally, but in any event, shall prepare a written decision. The decision shall be provided to the parties within thirty calendar days of the administrative hearing and shall either affirm the issuance of the Administrative Citation as issued or dismiss the Administrative Citation. The decision shall briefly state the reasons for the conclusion of the Hearing Officer. The City shall either make arrangements for personal service of the notice of decision for the administrative hearing to the Responsible Party or serving the same by posting on the property, first class mail, and/or certified mail, postage prepaid, return receipt requested. The decision of the Hearing Officer shall be final.

b) If the Hearing Officer affirms the issuance of the Administrative Citation, then the deposit with the City shall be retained by the City. If a hardship waiver was granted, the decision shall set forth a payment schedule for the administrative fine or, if no such payment schedule is set by the Hearing Officer, then the Responsible Person shall be provided thirty calendar days to remit the full payment.

c) If the Hearing Officer determines that the Administrative Citation should be canceled, then the City shall refund any deposit within forty-five calendar days of the Hearing Officer’s decision.

d) The Hearing Officer shall not have the power to reduce the administrative fine. The Hearing Officer may impose conditions and deadlines to correct any Violation or require payment of any outstanding penalties.

e) All decisions and orders of a Hearing Officer shall become final unless appealed by the Responsible Person as provided herein.

a) An administrative fine or fines due by a Responsible Person to the City shall constitute a money judgment. Each such money judgment shall be enforceable pursuant to the general laws.

b) An administrative fine or fines due by a Responsible Person to the City also shall constitute a sister State judgment. To enforce any such sister State judgment, the City may apply for the entry of a judgment pursuant to Chapter 1 (commencing with Section 1710.010) of Title 11 of Part 3 of the Code of Civil Procedure.

c) The failure of any Responsible Person to pay the administrative fines imposed by an Administrative Citation within the time specified on the Administrative Citation or Hearing Officer order may result in the filing of a claim with the small claims court or the Superior Court for recovery of the administrative fine.

d) The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid administrative fines, interest and penalties (e.g. private collection agencies, Franchise Tax Board (FTB) Interagency Intercept Collection (IIC) Program, etc.).

e) The City may seek to collect any unpaid administrative fine in any manner accorded by applicable law.

f) The use of one recovery method does not preclude the use of any other recovery method.

Any Responsible Party who fails to pay an administrative fine imposed by this Article on or before the date that payment is due, shall also be liable for the payment of a late payment charge of twenty five percent of the administrative fine. In addition, delinquent administrative fines shall accrue simple interest at the rate of ten percent per year, excluding penalties, from the due date.

Any party aggrieved by an administrative decision of a Hearing Officer on any Administrative Citation may obtain review of the administrative decision by filing a petition for review with the Los Angeles Superior Court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4 or those applicable to writs of mandates. Judicial review of an Administrative Citation shall not be available without first participating in an administrative hearing as provided in this Article.

Failure to comply with any procedural requirement of this Article, to receive any notice or decision specified in this Article, or to receive any copy required to be provided by this Article shall not affect the validity of proceedings conducted hereunder.

The remedies afforded to the City by this Article for Violations of the Municipal Code are cumulative in nature and are in addition to any other remedy provided by the Municipal Code including, without limitation, those set forth in this Article.