Tustin Municipal Code Part 6 Administrative Citations

a

The City Council finds that there is a need for an alternative method of enforcement for various violations of the Tustin City Code. The City Council also finds that an appropriate method for enforcement of various violations is an administrative citation program that will reduce the burden on the judicial system while providing full due process for those cited.

b

The procedures established in this Part are in addition to criminal, civil, or other legal remedies that may be available to the City to enforce violations of the Tustin City Code or applicable State Codes.

c

This Part establishes an administrative citation program and monetary penalties to encourage and expedite compliance with the provisions of the Tustin City Code. This Part encourages voluntary compliance through the implementation of a process that informs the Responsible Person(s) of violations by giving a written warning before taking action and allowing reasonable time lines for compliance.

d

The City Council finds and determines that enforcement of the provisions of the Tustin City Code and conditions on entitlements or permits are municipal affairs as well as matters of purely local concern to the citizens of Tustin.

e

The goals of this Part focus on minimizing the number of code violations made by Responsible Persons by instituting a citation process and promoting a positive city image. The City Council finds that the adoption and implementation of this Administrative Citation Program as provided in the Part will achieve the following goals:

(1) Improve the quality of life for Tustin residents and business owners by reducing the number of code violations through the encouragement of expedient compliance.

(2) Promote and protect the public health, safety, and welfare of the citizens of the City of Tustin by minimizing potentially harmful municipal code violations.

(3) Help ensure compliance with the Tustin City Code and State Codes, ordinances, and regulations in a timely and efficient manner.

(4) Provide for (a) a simplified administrative process in order to encourage implementation and (b) an appeal process that will fully comport with due process and provide those cited with the right to a fair hearing without the need for legal counsel.

(5) Provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Tustin City Code, ordinances, agreements, or terms and conditions on entitlements in the City of Tustin.

(6) Reduce the burden on the judicial system and minimize the time and expense of defending the citation on the part of the person cited.

f

Use of this Part shall be at the sole discretion of the City Manager and each Enforcement Officer.

(Ord. No. 1358, Sec. 3, 11-4-08)

a

Any person violating any provision of the Tustin City Code may be issued an administrative citation by an Enforcement Officer as provided in this Part. A violation of this Code includes, but is not limited to, all violations of the Tustin City Code, the Uniform Codes adopted by the City Council, or the failure to comply with any condition imposed by any entitlement, permit, agreement, or environmental document issued or approved pursuant to this Code.

b

Each and every day a violation of the Tustin City Code exists constitutes a separate and distinct offense.

c

A civil fine shall be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the Tustin City Treasurer's Office.

d

Fines shall be assessed in the amounts specified by resolution of the City Council, or where no amount is specified:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within one (1) year from the date of the first violation;

3. A fine not exceeding five hundred dollars ($500.00) for a third or more violation of the same ordinance or permit within one (1) year from the date of the first violation.

e

Whenever an Enforcement Officer charged with the enforcement of any provision of this Code determines that a violation has occurred, either by receiving a complaint or being witness to the violation, the Enforcement Officer has the authority to take the actions identified in this Part and issue an administrative citation to one (1) or more Responsible Persons for the violation. In the event the violation is deemed to be an immediate threat to life, health or safety of persons or property, the Enforcement Officer shall refer the matter to the building official, police department, Orange County Fire Authority, or other applicable agency, depending on the nature of the violation, for immediate action. Prior to issuing an administrative citation for a violation of this Code that does not create an immediate danger to life, health or safety of persons or property, the Enforcement Officer shall serve a pre-citation or courtesy notice on the Responsible Person for the violation. A Public Safety Officer shall not be required to issue a pre-citation or courtesy notice; however, a Public Safety Officer, in the discretion of such officer, may issue such courtesy notice.

(Ord. No. 1358, Sec. 3, 11-4-08)

a

Personal Service. An administrative citation (or pre-citation or courtesy notice) on a form approved by the City Manager may be issued to the Responsible Person by an Enforcement Officer for violations of the Tustin City Code or applicable State Code by personal service in the following manner:

1. The Enforcement Officer shall attempt to locate and personally serve the Responsible Person and obtain the signature of the Responsible Person on the administrative citation.

2. If the Responsible Person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

b

Service of Citation by Mail. If the Enforcement Officer is unable to locate the Responsible Person, the administrative citation shall be mailed to the Responsible Person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

c

Service of Citation by Posting Notice. If the Enforcement Officer does not succeed in personally serving the Responsible Person, or by certified mail or regular mail, the Enforcement Officer shall post the administrative citation 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.

(Ord. No. 1358, Sec. 3, 11-4-08)

a

Each administrative citation (or pre-citation or courtesy notice) shall contain the following information:

1. Date, approximate time, and address or definite description of the location where the violation(s) was observed;

2. The Code sections or conditions violated and a description of the violation(s);

3. An order to the Responsible Person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s);

4. The amount of the fine for the violation(s);

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

6. Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation; and

7. The name and signature of the Enforcement Officer and if possible the signature of the Responsible Person.

Failure of a pre-citation or courtesy notice to contain all the required information shall not affect the validity of the pre-citation notice or any subsequent administrative citation.

(Ord. No. 1358, Sec. 3, 11-4-08)

a

Upon receipt of an administrative citation, the Responsible Person must take one (1) of the following actions to avoid additional penalties:

1. Correct the violation, pay the corresponding fine(s), if any, and contact the city to request a reinspection, prior to the compliance date specified in the administrative citation; or

2. Request an extension of time in writing, which shows a reasonable hardship pursuant to subsection b of this section, prior to the compliance date specified in the administrative citation; or

3. Request a hearing to appeal the administrative citation pursuant to Section 1166 of this Code.

b

All requests for extensions must be made in writing, submitted to the Enforcement Officer, and describe a reasonable hardship that prevents or renders impractical the correction of the violation prior to the compliance date specified in the administrative citation. The Enforcement Officer may grant a one-time extension at his/her discretion after payment of any fine due. The extension shall not exceed thirty (30) days unless the City Manager grants additional time. The City Manager may grant additional time as determined in the City Manager's reasonable discretion, considering all relevant facts and circumstances of the hardship. If the case has been referred or appealed to the hearing officer, extensions may not be granted.

(Ord. No. 1358, Sec. 3, 11-4-08)

a

Any recipient of an administrative citation may contest that there was a violation of the Tustin City Code or that he or she is the Responsible Person or the amount of any fine imposed by completing a Request for Hearing form and returning it to the City Clerk within ten (10) days from the date of the administration citation, together with an advanced deposit of the fine imposed. Any administrative citation fine which has been deposited by that Responsible Person/Appellant shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation. If the Hearing Officer determines that a lower fine should have been imposed, the amount paid in excess of the fine determined by the Hearing Officer shall be refunded.

b

Failure of any Responsible Person/Appellant to file an appeal in accordance with the provisions of this section shall constitute a waiver of that Responsible Person's/Appellant's rights to administrative determination of the merits of the administrative citation and the amount of the penalty. If no appeal is filed, the appeal is filed without the deposit of fine imposed, or if the appeal is abandoned in writing or by failure to appear at a hearing without being excused, the administrative citation shall be deemed a final administrative order and the person to whom the administrative citation was issued shall be deemed to have failed to exhaust his or her administrative remedies.

(Ord. No. 1358, Sec. 3, 11-4-08; Ord. No. 1428, Sec. 4, 5-7-13)

a

The Tustin City Manager shall be responsible for designation of a Hearing Officer to hear appeals governed by this Code. The Hearing Officer shall not be a Tustin City employee. The employment, performance evaluation, compensation and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld, reduced or overturned by the Hearing Officer. Each Hearing Officer shall be subject to the provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations of the state or the city relating to conflicts of interest.

b

The City Manager and/or designee shall establish all appropriate administrative regulations for implementing this Part, including appointment of Hearing Officers, the conduct of hearings, and rendering decisions as set forth in the Hearing Officer Guidelines as adopted by City Council resolution, which shall be available for review in the office of the City Clerk and which may be amended administratively by the City Manager and/or his or her designee from time to time.

(Ord. No. 1358, Sec. 3, 11-4-08; Ord. No. 1428, Sec. 5, 5-7-13)

a

No hearing to contest an administrative citation or other administrative decision governed by this Part before a Hearing Officer shall be held unless and until a request for hearing form has been completed and submitted, and the fine has been deposited in advance.

b

A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this Part. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

c

The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred or administrative decision should be upheld, whether the Responsible Person/Appellant has caused or maintained the violation(s) of the Tustin City Code on the date(s) specified in the administrative citation, and regarding the amount of the fine imposed, if any.

d

The Responsible Person/Appellant contesting the administrative citation or other administrative decision shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation or administrative decision.

e

The failure of any Responsible Person/Appellant to appear at the administrative hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

f

The administrative citation or notice of administrative decision and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

g

At least ten (10) days prior to the hearing, copies of the citations, reports and other documents submitted or relied upon by the Enforcement Officer shall be delivered to the recipient of the administrative citation. No other discovery is permitted. Formal rules of evidence shall not apply.

h

If the Enforcement Officer or his or her designee, or the Appellant submits an additional written report concerning the administrative citation or administrative decision to the Hearing Officer for consideration at the hearing, then a copy of this material also shall be provided to the other party in a manner reasonably calculated to ensure receipt of the material at least seventy-two (72) hours prior to the date of the hearing.

i

The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the Appellant prior to issuing a written decision.

j

Hearing Procedures shall be subject to the Hearing Officer Guidelines established by Resolution of the City Council and as amended by the City Manager or his designee from time to time.

(Ord. No. 1358, Sec. 3, 11-4-08; Ord. No. 1428, Sec. 6, 5-7-13)

a

After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten days of the hearing to uphold, modify or deny the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final.

b

If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.

c

The Hearing Officer may modify the penalties stated in an administrative citation depending upon the circumstances of each case and the evidence presented and the Hearing Officer provides specific grounds for such modification in the written decision. The Hearing Officer has authority to reduce, conditionally reduce, or increase the amount of any penalties, subject to the fine amounts or limits established by the Council by resolution or as otherwise provided in this Part. The Hearing Officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties. If the Hearing Officer reduces the amount of penalties deposited to the City, the City shall retain the amount of the reduced fine and return the remainder of the deposit. If the Hearing Officer conditionally reduces the fine amount, the City shall retain the reduced amount of the reduced fine and, upon satisfaction of all conditions of the reduction, shall return the remainder of the deposit. If the Hearing Officer increases the amount of the penalties, then the City shall retain the fine amount on deposit with the City and the person requesting the hearing shall pay to the City Clerk the amount of the increase within ten (10) days after the hearing, unless a different deadline is established by the Hearing Officer.

d

The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision. Such 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 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.

e

If the Hearing Officer dismisses the administrative citation, all fines and appeal fees shall be refunded to the Responsible Person/appellant within thirty (30) calendar days.

(Ord. No. 1358, Sec. 3, 11-4-08)

a

The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the City. To enforce that debt, the City Manager may file a civil action, impose a special assessment as set forth below, or pursue any other legal remedy to collect such debt, including reasonable costs of collection and attorneys' fees.

b

The City Council may impose a special assessment against the property that is the subject of a citation if the citation has been issued to the property owner. If the citation concerns property not owned by the Responsible Person, the City Council may impose a special assessment against property owned by the Responsible Person. The City Manager shall record a notice of lien in the office of the county recorder of the county in which the property is located when the special assessment procedure is used. When so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment.

c

After confirmation and recordation, a copy shall be turned over to the tax collector for the county in which the property is located. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. In the alternative, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law in the county and state in which the property is located.

d

Nonpayment of fines which the city has made reasonable effort to collect shall be deemed a misdemeanor for which the Responsible Person may be prosecuted.

e

Administrative citation fines collected pursuant to this Part shall be deposited into an appropriate fund to be administered in furtherance of the purposes of this Part and to fund such code enforcement and public nuisance abatement actions and proceedings, including but not limited to funds to reward reporters of graffiti and other code violations, as the City Council may identify or proscribe.

(Ord. No. 1358, Sec. 3, 11-4-08)

Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Orange County Superior Court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4.

(Ord. No. 1358, Sec. 3, 11-4-08)

a

The administrative citation and all notices to be given by this Part shall be provided to the Responsible Person in accordance with the provisions of this Part. Unless different provisions herein are otherwise specifically made, such citation or 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 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.

b

Failure to receive any notice specified in this Part does not affect the validity of proceedings conducted hereunder.

(Ord. No. 1358, Sec. 3, 11-4-08)

Any administrative citations pursuant to this Part shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation.

(Ord. No. 1358, Sec. 3, 11-4-08)