§ 19.144

The purpose of this Chapter is to establish the process for enforcement of the requirements of this Municipal Code and any conditions of approval for the planning permits and entitlements identified in this Development Code for purposes of protecting the public health, safety and welfare of the City of Twentynine Palms. The procedures established in this Chapter shall supplement and be in addition to any criminal, civil or other remedy established by law or under the provisions of this Code which may be pursued to address any violation addressed in this Chapter. Use of the enforcement procedure set forth in this Chapter shall be at the sole discretion of the City.

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

A.

Enforcement Officer. Any individual employed or otherwise charged by the City to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the City.

B.

Hearing Officer. Any individual appointed or contracted by the City Council to preside over a hearing for appeal of an administrative citation.

C.

Issued. Giving, mailing or posting a notice of administrative citation to a responsible person. A notice of administrative citation is deemed "issued" on the date when the notice is personally served on the responsible person, the date of mailing or the date of posting on a property.

D.

Responsible Person. Any person, the parent or legal guardian of any person under the age of 18 years, any corporation, association, organization, estate, group, combination acting as a group, or any officer, agent, employee or servant of any of the foregoing, that causes or maintains a violation(s) of the Twentynine Palms Municipal Code, any code adopted by the City Council applicable state laws or condition imposed by entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code or any adopted code.

A.

Any person or entity violating any provision of the Twentynine Palms Municipal Code or applicable state law may be issued an administrative citation by an enforcement officer as provided in this Chapter. A violation of this code includes but is not limited to all violations of the Municipal Code or other codes adopted by the City Council, or failure to comply with any conditions imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code or any adopted code.

B.

Each and every day that a violation of the Municipal Code or applicable state law exists constitutes a separate and distinct offense and shall be subject to citation.

C.

A civil fine shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable as instructed on the administrative citation.

D.

Fines shall be assessed in the amount specified by ordinance of the City Council, and shall not exceed all the following:

1.

A fine not exceeding $100.00 per violation for the first violation.

2.

A fine not exceeding $200.00 per violation for a second violation of the same ordinance or permit within one year from the date of the first violation.

3.

A fine not exceeding $500.00 per violation for each additional violation of the same ordinance or permit within one year from the date of the first violation.

A.

An administrative citation may be issued by an enforcement officer to the responsible person for violation(s) of the Municipal Code, any code adopted by the City Council or any applicable state law in any of the following manners:

1.

Personal Service.

a.

The enforcement officer shall attempt to locate and serve the responsible person and obtain the signature of the responsible person on the administrative citation.

b.

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

2.

Service of Citation by Mail.

a.

The administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with return receipt requested.

b.

Simultaneously, the citation may be sent by first class mail. Service shall be deemed complete at the time the citation is deposited in the mail if addressed to the responsible person's last known address.

3.

Service of Citation by Posting Notice. If the enforcement officer does not succeed in serving the

responsible person personally or by mail, and the City has knowledge that the responsible person has a legal interest in real property located in the City, the enforcement officer shall post the administrative citation on said real property and such posting shall be deemed effective service.

A.

Each administrative citation shall contain all the following information:

1.

Date and approximate time of the violation(s).

2.

Address or definite description of the location where the violation(s) was observed.

3.

Name and current residential address and mailing address, if known, of person or entity alleged to have committed the violation(s).

4.

The code section(s) and/or the condition(s) violated and a brief description of the violation(s).

5.

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

6.

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

7.

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

8.

The name and signature of the enforcement officer and if possible, the signature of the responsible person.

Upon receipt of a citation, the responsible person must pay the specified fine within 15 calendar days from the date the administrative citation is issued. The responsible person shall pay all fines assessed as instructed on the administrative citation. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the City. If the responsible person fails to correct the violation(s) subsequent to the administrative citation, the City may issue further citations for the same violation(s) or the City may choose to utilize another means of enforcement. The amount of the fine for failure to correct the violation(s) for each additional occurrence shall increase at the rate specified by ordinance.

Any recipient of an administrative citation may contest that there was a violation(s) of the Twentynine Palms Municipal Code or that he/she is the responsible person by completing a request for hearing form and returning it to the address stated on the form within 15 calendar days from the issue of the administrative citation, together with an advanced deposit of the full amount of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person or entity 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.

19.144.080 - Hearing Officer

A.

The City Council or its designee shall appoint a person or contract an agency to provide a hearing officer who shall preside over the hearing and hear all the facts and testimony presented in accordance with Section 19.144.090 (Hearing Procedure).

B.

The employment, performance, evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned on or in any way relate to the results or prior decisions issued by said hearing officer.

C.

Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible person may challenge the impartiality of the hearing officer by filing a statement with the City Manager objecting to the hearing officer and setting forth grounds for disqualification. The question of disqualification shall be heard and determined in writing by the City Council or designee within 30 days following the date which the disqualification statement is filed.

A.

No hearing to contest an administrative citation before a hearing officer shall be held unless both a request for hearing has been completed and submitted and the fine for the citation has been deposited in advance.

B.

A hearing before the hearing officer shall be set for a date that is not less than 15 calendar days but no more than 90 calendar days from the date that the request for hearing is filed in accordance with the provisions of this Chapter. The responsible person requesting the hearing shall be notified in writing of the time and place set for the hearing at least 10 calendar 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 and whether the recipient of the administrative citation has caused or maintained the violation(s) of the Municipal Code or other applicable state law on the date(s) specified on the administrative citation.

D.

The administrative citation and any additional documents submitted by an enforcement officer shall constitute prima facie evidence of the facts contained in those documents.

E.

If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be served by mail on the responsible persons requesting the hearing at least 10 calendar days prior to the hearing date.

F.

At least 10 calendar days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, report and other documents submitted or relied upon by the enforcement officer. Personal information regarding a reporting party, if any, shall not be disclosed. No other discovery is permitted. Formal rules of the California Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the hearing officer's discretion.

G.

The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

H.

The failure of the recipient of an administrative citation to appear at the administrative citation hearing shall constitute forfeiture of the fine and a failure to exhaust administrative remedies.

19.144.100 - Administrative Order

A.

Within 10 days of the conclusion of the hearing, the hearing officer shall provide the responsible person with a decision in writing ("administrative order"). The hearing officer shall provide the responsible person with the administrative order by personal service or registered or certified mail to the responsible person's last known address.

B.

The hearing order shall contain the hearing officer's findings of facts and conclusions and a statement regarding the procedure for seeking judicial review, as described in Section 19.144.120 (Right to Judicial Review). The decision of the hearing officer shall be final except as provided for in Section 19.144.120 (Right to Judicial Review).

C.

A decision in favor of the responsible person shall constitute a dismissal of the municipal ordinance violation(s). If the hearing order renders a decision in favor of the responsible person, the City shall return any monies paid by the responsible person toward the dismissed administrative citation.

D.

If the hearing officer renders a decision in favor of the City, the responsible person must comply with the administrative order, or seek judicial review of the administrative order pursuant to Section 19.144.120 (Right to Judicial Review).

The failure of any person or entity to pay the civil fines assessed by an administrative citation may result with the City pursuing any legal remedies to collect the civil fines. The City may move to recover its collections cost according to proof.

Any person or entity aggrieved by an administrative order of a hearing officer on an administrative citation may obtain review of the administrative order by filing a petition seeking review with the Superior Courts of California, County of San Bernardino in accordance with the statutes of limitations and provisions set forth in California Government Code Section 53069.4.

A.

The administrative citation and all notices to be given by this Chapter shall be served on the responsible person in accordance with the provisions of this Chapter.

B.

Failure to receive any notice specified in this Chapter shall not affect the validity of any proceeding conducted hereunder.

Chapter 19.146 - Nuisance Abatement