Villa Park Municipal Code Art. 1-8 Administrative Fines

It is the purpose and intent of this Article to provide an alternative method of enforcement for violations of the Code and City ordinances. The City Council finds that an Administrative Fine program is an appropriate method of enforcement.

(Ord. #2002-491, § 3)

a. Offender shall mean any individual, any individual who is the owner or occupant of real property, or any individual who is the owner or authorized agent of any business, company, entity, who causes or maintains a violation of the Villa Park Municipal Code or applicable State Code.

b. Enforcement Official shall mean any officer or agent or employee with the authority to enforce the Villa Park Municipal Code, or applicable State Codes as provided in Article 1-8.3.

(Ord. #2002-491, § 3)

Any person violating any provision of the Villa Park Municipal Code or applicable State Code may be issued an Administrative Citation as provided in this Article. A violation of this Code includes, but is not limited to, all violations of the Municipal Code, the Uniform Codes adopted by the City Council, and the failing to comply with any condition imposed by any entitlement, agreement, or environmental document issued or approved under the provisions of this Code. The City Manager, or anyone he/she designates as an Enforcement Official (hereinafter "Enforcement Official"), shall have the authority to administer and enforce the provisions of this Chapter.

(Ord. #2002-491, § 3)

a. For purposes of this Article 1-8 only, an Enforcement Official has discretion to treat any violation of the Code as either a misdemeanor or infraction. This Article shall apply only to violations of the Code or City ordinances. ("Municipal Ordinance Violation").

b. Nothing in this Article shall be construed to mean that a Municipal Ordinance Violation is not also a crime punishable under criminal proceedings.

c. The procedures established in this Article 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 Municipal Ordinance Violations.

(Ord. #2002-491, § 3)

a. Issuance of Administrative Citation. The Enforcement Official may, upon discovering that a person has committed a Municipal Ordinance Violation, issue an Administrative Citation on a form approved by the City Manager to the Offender for violations of the Municipal Code or applicable State Code in the following manner:

1. Personal Service. In any case where an Administrative Citation is issued:

(a) The Enforcement Official shall attempt to locate and personally serve the Offender and obtain the signature of the Offender on the Administrative Citation.

(b) If the person served with the Administrative Citation refuses or fails to sign the Administrative Claim, the failure or refusal shall not affect the validity of the Administrative Citation or of subsequent proceedings.

2. Service of Citation by Mail. If the Enforcement Official is unable to personally serve the Offender, 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.

3. Service of Citation by Posting Notice. If the Enforcement Official does not succeed in personally serving the Offender, or fails to send the Administrative Citation by certified or regular mail, the Enforcement Official shall post the Administrative Citation on any real property within the City in which the City has knowledge that the Offender has a legal interest, and such posting shall be deemed effective service.

b. Administrative Citation Contents. To the extent the following information is reasonably available to the Enforcement Official, the Administrative Citation shall:

1. State the date the Administrative Citation is issued.

2. State the Offender's name, current residential address, and mailing address;

3. Refer to Code section(s) violated and describe how the Offender violated the Code section(s);

4. State the date, approximate time, and address or definite description of the location where the violation(s) was discovered by the Enforcement Official;

5. State the amount of fine imposed for the violation;

6. Explain how the Offender may pay the fine, including the location and manner, as well as the time period by which the fine must be paid and the consequences of failure to pay the fine;

7. Explain the procedure for obtaining an administrative hearing, specifically, notice that the Offender must make a written request within fifteen (15) working days from the date the Administrative Citation is issued and that the Offender will be notified by mail of the date of the hearing;

8. Include a warning that a failure to pay the fine or a failure to request and appear at an administrative hearing may result in the penalties described in subsection b. of Section 1-8.11.

9. Include the name and signature of the Enforcement Official, and, if possible, the signature of the Offender.

(Ord. #2002-491, § 3)

a. Applicability of this Section. This Section 1-8.6 shall only apply when the Municipal Ordinance Violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety (hereinafter "Correction Condition")

b. Correction Period. An Offender shall have at least thirty (30) calendar days to correct or otherwise remedy a Correction Condition prior to the issuance of an Administrative Citation and the imposition of a fine. A correction period longer than thirty (30) calendar days may be granted if deemed necessary by the Enforcement Official.

c. Correction Notice. Upon discovery of a Correction Condition, the Enforcement Official shall issue a written correction notice to the Offender by personal service or by registered or certified mail to the Offender's last known address. Such notice shall refer to the Code section(s) violated and describe how the Offender violated the Code section(s). The correction notice shall also describe the action necessary to correct the violation and state the final date by which the correction must be completed, which shall not be less than thirty (30) calendar days from the date the correction notice is issued. In addition, the correction notice shall include a warning that failure to correct the violation may result in the imposition of an Administrative Fine ("Administrative Fine") and shall state the amount of the fine imposed for the violation.

d. Procedure Upon Expiration of Correction Period. If the Offender remedies the Correction Condition within the period set forth in the correction notice, the Enforcement Official shall issue the Offender a notice of compliance. If the Offender does not remedy the Correction Condition within the period set forth in the correction notice, the Enforcement Official may issue the Offender an Administrative Citation pursuant to Section 1-8.5.

(Ord. #2002-491, § 3)

Within fifteen (15) working days from the date the Administrating Citation is issued, an Offender shall (i) pay the fine amount designated on the Administrative Citation; or (ii) make a written request for an administrative hearing ("Hearing"). The issuance date shall mean the date the Administrative Citation is released form the City's possession by any of the methods specified in subsection a. of Section 1-8.5.

(Ord. #2002-491, § 3)

a. Amount. 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 year from the date of the first violation;

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

b. Continuing Violation. Each and every day during any portion of which any Municipal Ordinance Violation is committed, continued, or permitted shall constitute a separate offense.

c. Payments. If the offender does not make a timely request for a Hearing, he or she must pay the Administrative Fine payable directly to the City of Villa Park within fifteen (15) working days from the date the Administrative Citation is issued. 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.

d. No Waiver. Under no circumstances shall the payment of the Administrative Fine constitute a waiver of the Offender's right to a Hearing. Therefore, an Offender may pay the Administrative Fine within the fifteen (15) working day period and also obtain a Hearing to protest the imposition of the Administrative Fine, provided that the Offender makes a timely request for a Hearing.

e. Obligation to Correct Violation. Nothing in this Article shall be interpreted to mean that because an Offender has paid the Administrative Fine that he or she is not required to correct the Municipal Ordinance Violation. If the Offender fails to correct the violation(s), subsequent Administrative Citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this Article or by Ordinance.

(Ord. #2002-491, § 3)

a. Purpose. It is the purpose and intent of the City Council to afford due process of law to any person who is issued an Administrative Citation. Due process of law includes adequate notice, an opportunity to participate in a hearing, and an adequate explanation of the reasons justifying the Administrative Fine.

b. Request for Hearing. Within fifteen (15) working days from the date the Administrative Citation is issued, the Offender must make a written request for a Hearing, together with an advanced deposit of the fine. Any Administrative Citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the Administrative Citation is not responsible for the violation(s) or that there was no violation(s) as charged in the Administrative Citation.

c. Notification of Hearing. At least fifteen (15) working days prior to the date of the Hearing, the City shall, by registered or certified mail or personal service, give notice to the Offender of the time, date and location of the Hearing.

d. Hearing Officer.

1. The Villa Park City Manager, pursuant to City Council policy shall appoint two (2) persons who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate ("Hearing Officer").

2. 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.

3. 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 Offender may challenge the Hearing Officer's impartiality by filing a statement with the City Manager objecting to the Hearing before the Hearing Officer and setting forth the grounds for disqualification. The question of disqualification shall be heard and determined in writing by the City Manager within ten (10) days following the date on which the disqualification statement is filed.

e. Administrative Hearing Procedures.

1. No hearing to contest an Administrative Citation 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.

2. A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this Article. 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.

3. 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 Code on the date(s) specified in the Administrative Citation.

4. The recipient of an Administrative Citation contesting the Administrative Citation shall be given the opportunity to testify, cross-examine witnesses, and present witnesses and evidence concerning the Administrative Citation.

5. The Administrative Citation and any additional documents submitted by the Enforcement Official shall constitute prima facie evidence of the respective facts contained in those documents.

6. If the Enforcement Official submits an additional written report concerning the Administrative Citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served by mail on the person requesting the hearing at least five (5) days prior to the date of the haring.

7. At least ten (10) days prior to the hearing, the recipient of an Administrative Citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the Enforcement Official. 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.

8. The Hearing Officer may continue the hearing and request additional information from the Enforcement Official or the recipient of the Administrative Citation prior to issuing a written Decision.

9. Pursuant to California Penal Code Section 19.6, an Offender shall not be entitled to a jury for an infraction charge, nor shall an Offender be entitled to have the public defender or other counsel appointed at public expense to represent him or her.

f. Administrative Order.

1. Within ten (10) working days of the Hearing's conclusion, the Hearing Officer shall provide the Offender with its decision in writing ("Administrative Order"). The Hearing Officer shall provide the Offender with the Administrative Order by personal service or by registered or certified mail to the Offender's last known address.

2. The Administrative Order shall contain the Hearing Officer's findings of fact and conclusions and the procedure described in Section 1-8.10 for seeking judicial review. The decision of the Hearing Officer shall be final.

3. A decision in favor of the Offender shall constitute a dismissal of the Municipal Ordinance Violation. The City shall return any monies paid by the Offender towards the dismissed Municipal Ordinance Violation fine.

4. If the Hearing Officer renders a decision in favor of the City, the Offender must comply with the Administrative Order, or seek judicial review of the Administrative Order pursuant to Section 1-8.10.

g. Failure to Attend Administrative Hearing.

1. Waiver of Right to Hearing. The Offender's failure to appear at a Hearing shall constitute a waiver of the right to a Hearing. An Offender's failure to appear at the Hearing shall be presumed an admission of guilt to the Municipal Ordinance Violation charges as indicated on the Administrative Citation.

2. Good Cause. Upon a showing of good cause by the Offender, the Hearing Officer may excuse the Offender's failure to appear at the Hearing and reschedule the Hearing. Under no circumstances shall the Hearing be rescheduled more than one (1) time unless the Offender pays a deposit in the amount of the Administrative Fine. Nothing in this subsection shall be interpreted to mean the Offender is excused from the requirement of paying the Administrative Fine or appearing at a Hearing.

3. Penalty. If the Offender fails to pay the Administrative Fine within the specified time period and fails to appear at the Hearing, the Offender may be subject to the penalty set forth in Section 1-8.10.

(Ord. #2002-491, § 3)

If an Administrative Order is rendered in favor of the City, the Offender may seek judicial review of the Administrative Order in the Orange County Superior Court, by doing one of the following:

a. Appeal the Administrative Order pursuant to California Government Code Section 53069.4 within twenty (20) calendar days after service of the Administrative Order. Pursuant to Section 53069.4 the appealing party shall serve a copy of the appeal notice in person or by first-class mail upon the City. Appeal notices shall be sent to the City Clerk. If no appeal is filed within the twenty (20) calendar day period, the decision shall be deemed confirmed; or

b. File a petition for a writ of mandate pursuant to California Code of Civil Procedure Section 1094.5 et. seq. within ninety (90) calendar days after service of the Administrative Order.

(Ord. #2002-491, § 3)

a. Event Defined. As used in this Section 1-8.11, the term "Event" shall mean any of the following occurrences:

1. The Offender fails to either pay the Administrative Fine or request a Hearing within fifteen (15) working days from the date the Administrative Citation is issued;

2. The Offender requests a Hearing and fails to appear.

3. The Offender fails to either comply with the Administrative Order or seek judicial review of the Administrative Order.

b. Penalty Fine. The occurrence of an Event may result in the City increasing the Administrative Fine, not to exceed the maximum amounts set forth in Section 1.8-8 ("Penalty Fine")

c. Account Receivable. Upon the occurrence of an Event, the City may treat the Administrative Fine or Penalty Fine, whichever is applicable, as an account receivable, subject to the City's established policy for delinquent account receivable.

d. Misdemeanor. An Event shall constitute a Misdemeanor punishable by a maximum of a One Thousand Dollars ($1,000.00) fine or six (6) months in jail, or both.

(Ord. #2002-491, § 3; Ord #2004-508, § 1)

a. The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and penalties and the further abatement or enforcement of any violation of this Code. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and penalties owed by a person under this Article have been collected.

b. Any violation of this Article shall constitute a nuisance. To compel code compliance, the City may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where the violation occurred. Any unpaid delinquent civil fines and penalties may be recovered as part of any such lien or special assessment against the property of the responsible party where the violation occurred pursuant to Government Code Sections 38773.1 and 38773.5.

c. To pursue an abatement of a code violation as a nuisance and recover the costs, including any delinquent civil fines and penalties, as an abatement lien, the City Manager may at his or her discretion request the County Recorder to record notice of the lien and take any other necessary action to enforce collection of this lien.

d. To pursue an abatement of a code violation as a nuisance and recover the costs as a special assessment, including any delinquent civil fines and penalties, the City Manager may at his or her discretion send to the county tax collector a notice of the abatement costs and/or delinquent fines and penalties, requesting that these sums be collected as an assessment against the responsible party's property where the violation occurred. The City Manager may also take any other steps necessary to enforce collection of this assessment, including the recording of a notice of assessment against the property involved. The assessment shall be imposed on the date the citation is issued to the responsible party and becomes effective upon the recording of a notice of assessment by the County Recorder.

e. The City Manager may utilize the procedures of this section to collect delinquent civil fines and penalties by means of an abatement lien and/or special assessment provided the amount of the delinquent fines and penalties totals two hundred fifty dollars ($250.00) or more and has been delinquent for sixty (60) days or more. The City Manager may pursue these remedies whether or not the City is pursuing any other action to terminate an ongoing code violation that was the basis for the fine.

f. A responsible party may contest the amount and/or validity of any lien or assessment for a civil fine at any administrative hearing he or she requests concerning the violation. Pursuit of such an objection by a responsible party is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment.

(Ord. #2002-491, § 3; Ord #2004-508, § 2)

If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or applicable of this Article which can be given effect without the invalid provision or application, and to this end, the provisions of this Article are hereby declared to be severable.

(Ord #2004-508, § 3)