West Covina Municipal Code § 15-220 Purpose

Footnotes:

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Editor's note— See editor's note following article VIII.

It is the purpose and intent of this article to provide an alternative method of enforcement for violations of the West Covina Municipal Code and any other city ordinances (hereafter collectively the "Code"). The city council finds that an administrative fine program is an appropriate method of enforcement.

(Ord. No. 2015, § 2, 5-5-98; Ord. No. 2183, § 3, 12-16-08)

For purposes of this article, "enforcement official" shall mean any of the following:

(a) An individual designated by the city manager to enforce the provisions of this article, or

(b) An officer of the City of West Covina charged with the duty of enforcing ordinances of the City of West Covina and the laws of the State of California.

(Ord. No. 2015, § 2, 5-5-98; Ord. No. 2183, § 3, 12-16-08)

(a) For purposes of article X only, the enforcement official has discretion to treat any violation of the Code as either a misdemeanor or infraction (hereafter "municipal ordinance violation").

(b) The procedures established in this article supplement and are in addition or an alternative to any criminal, civil or other remedy available or established by law or under any other provisions of the Code.

(Ord. No. 2015, § 2, 5-5-98; Ord. No. 2183, § 3, 12-16-08)

(a) Issuance of administrative citation. Except as set out in section 15-224 for correction conditions, an enforcement official may, upon determining that a person has committed a municipal ordinance violation (hereinafter referred to as "responsible party"), issue an administrative citation to the responsible party using the procedures set out herein.

(1) As used herein, "responsible party" shall mean any of the following: (i) an individual causing or committing a code violation; (ii) an individual, by his/her action or failure to act, maintains or allows a code violation to continue; (iii) an individual whose agent, employee or independent contractor causes or commits a code violation by his/her action or failure to act; (iv) an occupant or owner of the property or the person otherwise responsible for complying with Code requirements; and/or (v) a parent or legal guardian pursuant to Section 15-105(a).

(2) The administrative citation shall be served by personal service on the responsible party or in accordance with the provisions of section 1-27 of this Code. The responsible party's refusal to accept the administrative citation shall not affect the validity or the administrative citation or any proceeding undertaken under this article.

(b) Administration 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 responsible party's name;

(3) Refer to the Code section(s) violated and describe how the responsible party violated the Code section(s);

(4) State the date the violation was discovered by the enforcement official;

(5) State the amount of fine imposed for the violation;

(6) Explain how the responsible party 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 (i.e. ten (10) working days to pay the fine);

(7) Explain the procedure for obtaining an administrative hearing, specifically, notice that the responsible party must make a written request within ten (10) working days from the date the administrative citation is issued and that the responsible party will be notified by mail of the date of the hearing;

(8) Include a warning that a failure to pay the fine and/or request and appear at an administrative hearing may result in the penalties described in section 15-229(b); and

(9) If applicable, describe the action necessary to correct the municipal code violation, and explain that failure to do so may result in the issuance of additional administrative citations and the imposition or additional fines.

(Ord. No. 2015, § 2, 5-5-98; Ord. No. 2064, § 2, 12-12-00; Ord. No. 2183, § 3, 12-16-08)

(a) Issuance of correction notice. This section 15-224 shall 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 (hereafter "correction condition").

(b) Correction period. A responsible party shall have a reasonable period of time to correct or otherwise remedy a correction condition prior to the issuance of an administrative citation and the imposition of a fine.

(c) Correction notice. Upon discovery of a correction condition, the enforcement official shall issue a written correction notice to the responsible party by personal service or in accordance with the provisions of section 1-27 of this Code. The responsible party's refusal to accept the correction citation(s) shall not affect the validity or any other proceeding set forth in this article.

(d) Correction notice contents. To the extent the following information is reasonably available to the enforcement official, the correction notice shall:

(1) Refer to the Code section(s) violated and describe how the responsible party violated the Code section(s);

(2) Describe the action necessary to correct the municipal code violation;

(3) State the final date by which the correction must be completed; and

(4) Include a warning that failure to correct the violation may result in the issuance of an administrative citation and imposition of an administrative fine and shall state the amount of the fine to be imposed for the violation.

(e) Procedure upon expiration of correction period. If the responsible party remedies the municipal code violation within the period set forth in the correction notice, the enforcement official may issue the responsible party a notice of compliance. If the responsible party does not remedy the municipal code violation within the period set forth in the correction notice, the enforcement official may issue the responsible party an administrative citation pursuant to section 15-223.

(Ord. No. 2015, § 2, 5-5-98; Ord. No. 2064, § 2, 12-12-00; Ord. No. 2183, § 3, 12-16-08)

Within ten (10) working days from the date the administrative citation is served on the responsible party, the responsible party shall pay the fine amount designated on the administrative citation and may also make a written request for all administrative hearing ("hearing"). The issuance date shall mean the date the administrative citation is released from the city's possession by any of the methods specified in section 15-223.

(Ord. No. 2015, § 2, 5-5-98; Ord. No. 2183, § 3, 12-16-08)

(a) Amount. The amount of administrative fines shall be determined by resolution of the city council, which shall include late payment charges and increased fines for repeated violations. The fine amounts for infractions set forth in other sections of this Code shall not apply to this chapter and shall in no way limit the amounts which may be imposed for administrative fines.

(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) Payment of fine. The responsible party must pay the administrative fine within ten (10) working days from the date the administrative citation is issued or file for a hardship fee mitigation as set out below within the same time period.

(d) Obligation to correct violation. Nothing in this article shall be interpreted to mean that because a responsible party has paid the administrative fine that he or she is not required to correct the municipal ordinance violation. Failure to correct the municipal ordinance violation may result in additional fines.

(e) Hardship fee mitigation. Any person who is financially unable to pay the administrative fine may file a request for a hardship fee mitigation with the city manager or his/her designee within the time set. The request shall be in writing (whether or not on a form provided by the city) and shall describe why the fine cannot be paid, any payment schedule, and supporting documents. The request shall be made under penalty of perjury. Once filed, the requirement for payment of an administrative fine shall be stayed while the city manager or his/her designee determines whether or not to grant the request. His/her determination shall be in writing and served on the responsible party. If the city manager or his/her designee does not waive or establish a payment system, the administrative fine shall be paid within not less than ten (10) working days or later as set out in the notice.

(Ord. No. 2015, § 2, 5-5-98; Ord. No. 2183, § 3, 12-16-08)

(a) Ability to contest administrative citation. Any responsible party to whom an administrative citation has been issued may contest that there was a violation of the Code or that he or she is the responsible party by filing a written request with the city manager for a hearing within ten (10) working days from the date of issuance of the administrative citation. Such request shall be accompanied by payment of the administrative fine or notice that a request for a hardship fee mitigation has been filed pursuant to section 15-226(e). The city manager or his/her designee shall set a date for a hearing within thirty (30) calendar days of the request.

(b) Notification of hearing. At least ten (10) working days prior to the date of the hearing, the city shall, by certified mail, return receipt requested, or personal service, give notice to the responsible party of the time, date and location of the hearing. The city also shall provide the responsible party in advance with any materials provided to the hearing officer.

(c) Hearing officer.

(1) The city manager or his/her designee shall appoint a person or persons who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate (the "hearing officer").

(2) 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 party 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 or his/her designee within thirty (30) days following the date on which the disqualification statement is filed.

(3) Alternatively, either the city manager or his/her designee or the hearing officer may refer the hearing to the planning commission to be heard at its next regular meeting. In such cases, the planning commission shall function as the hearing officer as set out herein.

(d) Administrative hearing procedures.

(1) The administrative hearing is intended to be informal in nature. 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.

(2) Each party shall have the opportunity to offer testimony and evidence and cross examine witnesses in support of his or her case.

(3) Pursuant to California Penal Code Section 196, a responsible party shall not be entitled to a jury for an infraction charge, nor shall a responsible party be entitled to have the public defender or other counsel appointed at public expense to represent him or her.

(4) The hearing officer may continue the hearing or request additional information from either side.

(5) Neither the enforcement officer nor any other representative of the city shall be required to attend an administrative hearing. The hearing officer shall not require that the enforcement officer submit any evidence other than a copy of the administrative citation.

(e) Administrative order.

(1) Within ten (10) working days of the conclusion of the hearing, the hearing officer shall provide the responsible party with its decision in writing ("administrative order"). The hearing officer shall provide the responsible party with the administrative order by personal service, or by certified mail, return receipt requested, to the responsible party's last known address.

(2) The administrative order shall contain the hearing officer's reasons for the decision and the procedure described in section 1.20.90 for seeking judicial review.

(3) A decision in favor of the responsible party shall constitute a dismissal of the municipal ordinance violation. The city shall promptly return any monies paid by the responsible party.

(4) If the hearing officer renders a decision in favor of the city, the responsible party must comply with the administrative order or seek judicial review of the administrative order pursuant to section 15-228.

(f) Failure to attend administrative hearing.

(1) Waiver of right of hearing. The responsible party's failure to appear at a hearing shall constitute a waiver of the right to a hearing, a forfeiture of the fine, and a failure to exhaust administrative remedies. Failure to appear by the responsible party shall be noted on the notice of decision by the hearing officer which will be mailed to the responsible party.

(2) Good cause. Upon a showing of good cause by the responsible party, the hearing officer may excuse the responsible party's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one (1) time.

(Ord. No. 2015, § 2, 5-5-98; Ord. No. 2183, § 3, 12-16-08)

If an administrative order is rendered in favor of the city, the responsible party may seek judicial review of the administrative order by doing one (1) of the following:

(1) 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 or 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 notice is filed within the twenty (20) calendar day period, the decision shall be deemed confirmed; or

(2) 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. No. 2015, § 2, 5-5-98; Ord. No. 2183, § 3, 12-16-08)

(a) Default defined. As used in this section, the term "default" shall mean any of the following occurrences:

(1) The responsible party fails to either pay the administrative fine within ten (10) working days from the date the administrative citation is issued.

(2) The responsible party fails to either comply with the administrative order or to seek judicial review of the administrative order.

(b) Penalty fine. The occurrence of a default may result in the city increasing the administrative fine, not to exceed the maximum amounts set forth in section 15-226 ("Penalty Fine").

(c) Account receivable. Upon the occurrence of a default, 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 accounts receivable.

(d) Misdemeanor. A default shall constitute a misdemeanor punishable by a maximum of a one thousand dollar ($1,000.00) fine or six (6) months in jail, or both.

(e) Collection. The city may use all appropriate legal means to collect the fines imposed pursuant to this article.

(f) Criminal citation or complaint. The city attorney may issue a criminal citation or complaint against any responsible party not timely paying any fine due to the city.

(g) Lien or special assessment. Any delinquent fines, interest and penalties may be recovered as a lien or special assessment against the property of the responsible party.

(1) Prior to recording a lien or special assessment, the city manager or his/her shall prepare a cost report itemizing the amount owed by the responsible party.

(2) The city manager or his/her designee shall notify each responsible party of the time, date and location that the city council shall consider any cost report imposing a lien or special assessment on the property of the responsible party.

(3) At a public hearing, the city council shall consider the cost report with any objections of any responsible party liable to be assessed for the costs stated in the report. The city council may modify the cost report as appropriate.

(4) Upon approval by the city council, the city manager or his/her designee may file a certified copy of the cost report with the county auditor. The city manager or his/her designee shall request to the auditor to enter each assessment on the county tax roll and to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes.

(Ord. No. 2015, § 2, 5-5-98; Ord. No. 2183, § 3, 12-16-08)