Whittier Municipal Code Ch. 1.09 Administrative Citations

The city council of the city finds and declares that:

A. There is a need for an alternative method of enforcement for violations of the Whittier Municipal Code, state codes, conditions on entitlements, and land use approvals. The city council further finds that an appropriate method of enforcement is the imposition of administrative fines or penalties as authorized by Government Code Section 53069.4.

B. The issuance of an administrative citation under this chapter is solely at the city's discretion and is one option the city has to address violations of this code. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, to address such violations.

C. Enforcement of the Whittier Municipal Code, other ordinances adopted by the city, conditions on entitlements, and state codes are matters of local concern and serve to protect the public health, safety and welfare of the citizens of the city, and a method for such enforcement is a valid exercise of the police power.

D. Issuing administrative citations, pursuant to this chapter, encourages voluntary and complete compliance with the provisions of this code, state codes, and conditions on entitlements, in a timely and cost efficient manner, for the protection and benefit of the entire community.

(Ord. 2780 § 1 (part), 2001)

A. "Enforcement officer" means any officer or employee acting on behalf of the city with the authority to enforce the Whittier Municipal Code or applicable state codes in accordance with the provisions of this code.

B. "Hearing officer" means the person appointed by the city manager, in compliance with any and all applicable legal requirements, to serve as the hearing officer for administrative citation hearings.

C. "Land use approval" means any approval required for a particular use of land, including but not limited to permits, licenses, conditional use permits, variances or subdivision maps.

D. "Owner" means the record owner of a parcel according to the county's latest equalized property tax assessment roll.

E. "Person" means and includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustee and general partners of a legal entity.

F. "Responsible person" means any individual who is the owner or occupant of real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen years, who causes or maintains a violation of the Whittier Municipal Code or applicable state codes. For the purposes of this chapter, there may be more than one responsible person for any violation.

(Ord. 2780 § 1 (part), 2001)

A. Notwithstanding the provisions set forth in Chapter 1.08 of the Whittier Municipal Code, any person violating any provision of the Whittier Municipal Code or applicable state codes, may, in the city's discretion, be issued an administrative citation by an enforcement officer as provided in this chapter. The enforcement officer shall allow a reasonable period of time, which shall be included in the citation, but no more than twenty-one days unless the enforcement officer determines that some longer period of time is reasonably warranted and/or necessary under the circumstances, for a responsible person to correct or otherwise remedy a continuing violation prior to the imposition of administrative fines or penalties, when such continuing violation pertains to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health and safety.

B. Every person who applies for and receives any type of land use approval or entitlement shall comply with all conditions imposed upon the issuance of said land use approval or entitlement. Violation of any condition of such land use approval or entitlement may be subject to administrative fines or penalties in accordance with the provisions of this chapter.

C. Each and every day a violation of this code exists shall be a separate and distinct violation and may be subject to a separate fine or penalty. An administrative citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections.

D. An administrative citation shall be on a form approved by the city manager and shall contain the following information:

1. Name of the responsible person;

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

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

4. A description of the action required to correct the violation(s) or condition(s);

5. An order prohibiting the continuation or repeated occurrence of the violation(s) described in the administrative citation;

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

7. An explanation of how the fine shall be paid and the time period by which it shall be paid, including the time period, determined by the enforcement officer, of the reasonable time within which the responsible person may correct the violation without being subject to a fine, pursuant to subsection A of this section;

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

9. The name and signature of the enforcement officer; and

10. Date the citation was issued.

(Ord. 2780 § 1 (part), 2001)

An administrative citation may be issued in accordance with Section 1.09.030 in any of the following manners, as specified:

A. Personal Service. The enforcement officer shall make a reasonable attempt to locate and personally serve the responsible person with the administrative citation and the enforcement officer shall also make a reasonable attempt to obtain the signature of the responsible person on the administrative citation. If the responsible person 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.

B. Service of Citation by Mail. If the enforcement officer is unable to serve the responsible person by personal service, the enforcement officer shall mail the administrative citation to the responsible person by certified mail, return receipt requested and by regular, first class mail. Service by mail shall be deemed effective as of the date of deposit in the U.S. Mail.

C. Service of Citation by Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person, or in serving the responsible person by certified or regular mail, the enforcement officer shall post the administrative citation on any real property within the city, in which the enforcement officer has reasonably verified that the responsible person has a legal interest, and such service by posting shall be deemed effective as of the date of posting.

(Ord. 2780 § 1 (part), 2001)

The amount of fine for a violation imposed pursuant to this chapter shall be established by separate resolution of the city council.

(Ord. 2780 § 1 (part), 2001)

A. The fine shall be paid to the city within thirty days from the date of service of the administrative citation.

B. A late payment fee shall be charged in an amount to be established by separate resolution of the city council, if the fine in any administrative citation is not paid within the time prescribed herein.

C. Any administrative citation fine paid pursuant to Section 1.09.060 shall be refunded in accordance with Section 1.09.090 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

D. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of any violation that is the subject of the administrative citation, nor shall it bar further enforcement action by the city.

E. The city may use all available legal and equitable remedies to collect any past due fines and other related costs.

(Ord. 2780 § 1 (part), 2001)

A. Any recipient of an administrative citation may contest the citation by completing a request for hearing form, to be obtained from and returned to the police department within fifteen days from the date of service of the administrative citation, together with an advanced deposit of the fine.

B. A hearing before the hearing officer shall be set for a date that is not less than fifteen nor more that sixty days from the date the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

(Ord. 2780 § 1 (part), 2001)

A. 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 filed and the fine has been deposited.

B. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person caused and/or maintained the violation(s) specified in the administrative citation.

C. At least ten days prior to the hearing, the recipient of an administrative citation shall be provided with copies of any and all citations, reports, and other documents submitted or relied upon by the enforcement officer. No other discovery shall be permitted. The formal rules of evidence shall not apply.

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

E. The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and relevant evidence concerning the violation(s) charged in the administrative citation.

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

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

H. Neither the enforcement officer nor any other representative of the city shall be required to attend the hearing, nor be required to submit to the hearing officer any evidence other than the citation and any additional reports or documents in the public records of the city on the violation(s); however, any such appearance and/or submission may be made at the discretion of the enforcement officer or any city employee or agent.

I. 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.

(Ord. 2780 § 1 (part), 2001)

(Ord. No. 3112, § 2, 2-25-20)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify or revoke 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, the amount of the fine on deposit with the city shall be retained by the city.

C. If the hearing officer determines that the administrative citation should be revoked, the city shall refund the amount of the deposited fine within thirty days of the issuance of the hearing officer's decision.

D. The recipient of the administrative citation shall be served by way of U.S. mail with a copy of the hearing officer's written decision within twenty days from the date of the final hearing.

(Ord. 2780 § 1 (part), 2001)

A. The city at its discretion may pursue any and all legal and equitable remedies, to which the city may be entitled, for the collection of unpaid fines and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies.

B. Any responsible person who has unpaid and/or delinquent fines, may be refused the issuance of a land use approval, or other city approval pertaining to the property, real or personal, that is the subject of the citation issued pursuant to this chapter.

C. Any fine required by the provisions of this chapter shall be paid or deposited with the city clerk.

(Ord. 2780 § 1 (part), 2001)

Any person aggrieved by a decision of the hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal of the final decision or order in the Los Angeles County Superior Court in accordance with the requirements of California Government Code Section 53069.4.

(Ord. 2780 § 1 (part), 2001)

Except as specifically provided in this chapter, all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of Section 1.04.200 of the Whittier Municipal Code. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted in this chapter.

(Ord. 2780 § 1 (part), 2001)