Chapter 1.26
COMMUNITY IMPROVEMENT AND ADMINISTRATIVE CITATIONS
Sections:
1.26.010 Intent.
1.26.020 Definitions.
1.26.030 Authority.
1.26.040 Courtesy notice and imposition of penalties.
1.26.045 Special rule – Courtesy notices and administrative citations for beneficiaries, trustees or owners of abandoned or vacant residential properties.
1.26.050 Contents of administrative citation.
1.26.060 Serving of administrative citations.
1.26.070 Action required upon receipt of a courtesy notice or administrative citation.
1.26.080 Extensions of time to abate.
1.26.090 Appeal of administrative citations.
1.26.100 Hearing procedure.
1.26.110 Hearing officer.
1.26.120 Collection of fines.
1.26.130 Denial of licenses and permits for delinquent administrative citation fines, charges, costs and fees.
1.26.140 Civil or criminal actions not affected.
1.26.010 Intent.
A. In accordance with California Government Code Section 53069.4, this chapter is intended to expedite compliance for violations of the Covina Municipal Code by establishing a community improvement and administrative citation ordinance to establish a citation process, implement monetary penalties and allow for reasonable timelines for compliance. Furthermore, it is the intent of this chapter to secure compliance at minimal time and cost and encourage self-compliance by informing responsible parties of violations by giving a written warning before taking further action. The remedies and procedures set forth in this chapter shall be in addition to any other remedies available in the Covina Municipal Code or applicable state and federal law.
B. The goals of this chapter focus on minimizing the number of code violations made by property owners, renters, business owners, and other stakeholders of the city by instituting a citation process and promoting a positive city image. The goals of this chapter are as follows:
1. To improve the quality of life for Covina residents and business owners by reducing the number of code violations through the encouragement of expedient compliance;
2. To protect the health, safety, and welfare of the general public by minimizing potentially harmful municipal code violations;
3. To provide a simplified administrative citation process in order to encourage its implementation;
4. To minimize the time and expense associated with code enforcement action;
5. To provide a methodology to hold noncompliant parties responsible for continuous violations;
6. To provide for the enhanced collection of delinquent code enforcement fines, costs, fees and penalties by conditioning issuance and renewal of city licenses and permits upon payment of such delinquent code enforcement fines, costs, fees and penalties. (Ord. 04-1900 § 1, 2004.)
1.26.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A. “Administrative citation” means a monetary penalty issued after failure to abate a violation of the Covina Municipal Code within the time set forth in a courtesy notice given to a responsible party by an enforcement officer.
B. “Courtesy notice” means the initial attempt in the administrative citation process to obtain compliance for a code violation by notifying the responsible party of the violation, the measures necessary to abate the violation, the requested compliance date and potential enforcement actions which the city may take under this chapter if compliance is not met by the requested compliance date.
C. “Enforcement officer” means a code enforcement officer, police officer or city employee designated to enforce the provisions of the Covina Municipal Code by issuing notices and administrative citations pursuant to this chapter.
D. “Hearing” means an informal hearing conducted by the designated hearing officer of the city of Covina to abate a public nuisance or decide on an appeal of an administrative citation made by a responsible party.
E. “Hearing officer” means an independent contractor with no conflicts of interest designated by the administrator, or designee thereof, to conduct the administrative citation hearing and make decisions on public nuisances and appeals of administrative citations.
F. “Responsible party” means any business owner, property owner, property manager, tenant, lessee, guest, or other person found in violation of any provision of the Covina Municipal Code.
G. “Administrator” means the person or persons designated by the city manager as being responsible for the implementation and enforcement of the provisions of this chapter. (Ord. 10-1988 §§ 2, 3, 2010; Ord. 04-1900 § 1, 2004.)
1.26.030 Authority.
Code enforcement and police officers shall have the authority to issue courtesy notices and administrative citations to any business owner, property owner, property manager, tenant, lessee, guest, or other person violating any provision of the Covina Municipal Code. Said responsible parties shall be held jointly and severally liable for penalties imposed under this chapter. (Ord. 04-1900 § 1, 2004.)
1.26.040 Courtesy notice and imposition of penalties.
Any enforcement officer who discovers a violation of the municipal code, either by receiving a complaint or being witness to the violation, may take the following action unless the violation is deemed to be an immediate threat to life and safety, at which time the matter may be referred to the building official, police department or fire department, or other applicable agency, depending on the nature of the violation, for immediate action.
A. Courtesy Notice of Violation. The enforcement officer shall inform the responsible party in writing of the violation through a notice, personally delivered to the responsible party, sent by first-class mail to the responsible party or posted on the property, if applicable. The date of the courtesy notice shall be determined in the same manner as for administrative citations pursuant to CMC 1.26.060(D). The courtesy notice will notify the responsible party of the violation, the measures necessary to abate the violation, the requested compliance date and potential enforcement actions which the city may take under this chapter if compliance is not met by the requested compliance date. The courtesy notice compliance date shall allow for a period of time not less than three nor more than 30 calendar days from the date of the courtesy notice to abate the violation. The compliance date shall be set by the enforcement officer, in his or her reasonable judgment, based upon the severity of the violation. No extensions may be granted for courtesy notice compliance dates.
B. First Administrative Citation. If either of the following occur:
1. The violation is not abated by the date set forth in the courtesy notice; or
2. The violation was abated by the date set forth in the courtesy notice, but a second violation of the same ordinance is committed within a 12-month period commencing with the date of the courtesy notice;
a first administrative citation shall be issued. The first administrative citation shall carry a fine of $50.00, shall require abatement of the violation within 10 calendar days from the date of the first administrative citation, and shall clearly indicate “SECOND ATTEMPT TO OBTAIN COMPLIANCE.” If the violation is abated prior to the compliance date set forth in the first administrative citation, the $50.00 fine shall be waived (subject to reinstatement as set forth below). If an extension of the compliance date set forth in the first administrative citation is requested and approved in accordance with CMC 1.26.080, the $50.00 fine must be paid prior to the city’s grant of the extension. The first administrative citation shall warn the responsible party of an additional $150.00 penalty for not abating the violation by the compliance date set forth in the first administrative citation or the extension period granted by the city.
C. Second Administrative Citation. If either of the following occur:
1. The violation continues after the compliance date in the first administrative citation or any extension period granted by the city; or
2. The violation was abated by the date set forth in the first administrative citation, but a subsequent violation of the same ordinance is committed within a 12-month period commencing with the date of the courtesy notice;
a second administrative citation shall be issued. The second administrative citation shall carry a fine of $150.00, shall require abatement of the violation within 10 calendar days from the date of the second administrative citation, and shall clearly indicate “THIRD ATTEMPT TO OBTAIN COMPLIANCE.” If the violation is abated prior to the compliance date set forth in the second administrative citation, the $150.00 fine shall be waived (subject to reinstatement as set forth below); however, the $50.00 fine shall be due and payable to the city, if it has not been paid. If subsection (C)(2) of this section applies, the $50.00 first administrative citation fine shall be reinstated and paid. If an extension of the compliance date set forth in the second administrative citation is requested and approved in accordance with CMC 1.26.080, all fines must be paid prior to the city’s grant of the extension. The second administrative citation shall warn the responsible party of an additional $500.00 penalty for not abating the violation by the compliance date set forth in the second administrative citation or the extension period granted by the city.
D. Third Administrative Citation. If either of the following occur:
1. The violation continues after the compliance date in the second administrative citation or any extension period granted by the city; or
2. The violation was abated by the date set forth in the second administrative citation, but a subsequent violation of the same ordinance is committed within a 12-month period commencing with the date of the courtesy notice;
a third administrative citation shall be issued. The third administrative citation shall carry a fine of $500.00, shall require abatement of the violation within 10 calendar days from the date of the third administrative citation, and shall clearly indicate “FOURTH ATTEMPT TO OBTAIN COMPLIANCE – FAILURE TO COMPLY MAY RESULT IN FURTHER FINES OR PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS – ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY.” If the violation is abated prior to the compliance date set forth in the third administrative citation, the $500.00 fine shall be waived (subject to reinstatement as set forth below); however, the $50.00 and $150.00 fines shall be due and payable to the city, if they have not been paid. If subsection (D)(2) of this section applies, the $150.00 second administrative citation fine shall be reinstated and paid. If an extension of the compliance date set forth in the third administrative citation is requested and approved in accordance with CMC 1.26.080, all fines must be paid prior to the city’s grant of the extension.
E. Fourth and Subsequent Administrative Citations. If either of the following occur:
1. The violation continues after the compliance date in the third administrative citation or any extension period granted by the city; or
2. The violation was abated by the date set forth in the third administrative citation, but a subsequent violation of the same ordinance is committed within a 12-month period commencing with the date of the courtesy notice;
the city may either pursue public nuisance proceedings and other actions available at law or equity, or the city may issue a fourth administrative citation. A fourth administrative citation may only be issued where the responsible party continues to violate the same ordinance within a 12-month period commencing with the date of the courtesy notice. The fourth administrative citation shall carry a fine of $500.00 and shall require abatement of the violation within 10 calendar days from the date of the fourth administrative citation. The fourth administrative citation shall clearly indicate “FIFTH ATTEMPT TO OBTAIN COMPLIANCE – FAILURE TO COMPLY MAY RESULT IN FURTHER FINES OR IN PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS – ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY.” If the violation is abated prior to the compliance date set forth in the fourth administrative citation, the $500.00 fine for the fourth administrative citation shall be waived; however, all fines for all prior administrative citations shall be due and payable to the city, if they have not been paid. If subsection (E)(2) of this section applies, the $500.00 third administrative citation fine shall be reinstated and paid. If an extension of the compliance date set forth in the fourth administrative citation is requested and approved in accordance with CMC 1.26.080, all fines for the fourth administrative citation must be paid prior to the city’s grant of the extension.
If a responsible party does not comply with the fourth administrative citation and continues to violate the same ordinance within a 12-month period commencing with the date of the courtesy notice, the city may issue fifth and subsequent administrative citations, in accordance with the provisions set forth above. The fifth and each subsequent administrative citation shall be in the amount of $500.00 per citation and shall be cumulative. (Ord. 06-1929 § 1, 2006; Ord. 05-1924 § 1, 2005; Ord. 04-1900 § 1, 2004.)
1.26.045 Special rule – Courtesy notices and administrative citations for beneficiaries, trustees or owners of abandoned or vacant residential properties.
Notwithstanding any provision of CMC 1.26.040 to the contrary, where the subject violation concerns the failure to register or maintain vacant or abandoned residential property by a beneficiary, trustee or owner subject to Chapter 8.42 CMC, the code enforcement officer shall comply with CMC 8.42.090(A)(3) when issuing a courtesy notice and imposing fines against the beneficiary, trustee or owner. (Ord. 08-1960 § 2, 2008.)
1.26.050 Contents of administrative citation.
All administrative citations shall contain the following information:
A. Name of responsible party, if known, and time, address, or location description where violation occurred.
B. Applicable code sections that have been violated and the abatement required.
C. Amount of fine and warning of additional fines if the violation is not abated by the compliance date.
D. Compliance date. If the compliance date falls on a weekend, abatement shall be required by no later than the next business day.
E. Explanation of appeal rights.
F. Name, title, and telephone number of enforcement officer and city department issuing the administrative citation. (Ord. 04-1900 § 1, 2004.)
1.26.060 Serving of administrative citations.
An administrative citation shall not be issued until a courtesy notice has first been delivered to the responsible party in accordance with CMC 1.26.040(A). Citations may be issued as follows:
A. Personal Delivery. When feasible, administrative citations shall be delivered by hand to the responsible party who shall sign as proof of receipt.
B. U.S. Mail. If personal delivery is not feasible or the responsible party refuses to sign citation, the citation shall be mailed first-class after receiving a certificate of mailing from the postmaster as proof.
C. Posting of Citation. The enforcement officer, as a third alternative, may post a citation on any real property within the city in which the city has knowledge that the responsible party has a legal interest. The notice shall be secured on the front doorknob, window, or other unpainted surface in the front yard of the property and a photograph of the notice shall be taken as proof.
D. Date of Issuance/Service. For purposes of determining the date an administrative citation is issued/served upon a responsible party, an administrative citation shall be deemed issued/served: (1) if personally delivered to the responsible party, on the date of personal delivery; (2) if delivered by U.S. mail, five calendar days after the date of mailing, not counting the date of mailing; and (3) if posted on the property, the date of posting as indicated by the photograph of the posted notice. (Ord. 04-1900 § 1, 2004.)
1.26.070 Action required upon receipt of a courtesy notice or administrative citation.
Upon receipt of a courtesy notice or administrative citation, the responsible party must take the following action to avoid additional penalties:
A. Correct the violation within the specified time period, pay the corresponding fine(s), if any, and contact the city to request a re-inspection; or
B. In the case of an administrative citation only, request an extension of time in writing, which shows a reasonable hardship pursuant to CMC 1.26.080; or
C. Request a hearing to appeal the administrative citation pursuant to CMC 1.26.090. (Ord. 04-1900 § 1, 2004.)
1.26.080 Extensions of time to abate.
All requests for extensions must be made in writing and present a reasonable hardship. The enforcement officer may grant a one-time extension at his or her discretion after payment of the fine due. The extension shall not exceed 30 days unless the matter is referred to the adminstrator, or designee thereof, for additional time. The administrator, or designee thereof, may grant additional time as determined in his or her reasonable discretion, considering all relevant facts and circumstances of the hardship. If the case has been referred to the hearing officer, extensions may not be granted. (Ord. 10-1988 § 4, 2010; Ord. 04-1900 § 1, 2004.)
1.26.090 Appeal of administrative citations.
A. Responsible parties receiving an administrative citation may appeal it within 10 calendar days from the date the citation is deemed served, or such extended date, if an extension is granted pursuant to CMC 1.26.080. The appeal must be in writing and must indicate a return address. It must be accompanied by the penalty amount and appeal fee which shall be set by city council resolution, must specify the basis for the appeal in detail, and must be filed with the city clerk’s office. If the appeal deadline falls on a day City Hall is closed, then the deadline shall be extended until the next regular business day.
B. As soon as practicable after receiving the written notice of appeal, the city shall fix a date, time and place for hearing before a hearing officer. Hearings shall take place once per month at a set time and date, unless the city finds it necessary to conduct hearings more frequently. Written notice of the time and place for the hearing may be served by first-class mail, at the return address indicated on the written appeal. Service of the appeal notice must be made at least 10 calendar days prior to the date of the hearing to the party appealing the administrative citation.
C. The failure of any person with an interest in the property, or other responsible party, to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first-class mail, postage prepaid, shall be effective on the date of mailing.
D. Failure of any responsible party to file an appeal in accordance with the provisions of this section shall constitute a waiver of that responsible party’s rights to administrative determination of the merits of the administrative citation and the amount of the penalty. If no appeal is filed, the administrative citation shall be deemed a final administrative order and a failure to exhaust the responsible party’s administrative remedies. (Ord. 04-1900 § 1, 2004.)
1.26.100 Hearing procedure.
A. A hearing officer shall be designated by the administrator for all appeal hearings under this chapter. The responsible party/appellant may request the adminsitrator refuse a hearing officer for reasons of actual prejudice against the party’s cause. The hearing officer shall conduct an orderly, fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs as follows:
1. A valid citation shall be prima facie evidence of the violation.
2. The hearing officer shall administer oaths and accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation.
3. The owner, agent, person responsible for the violation, or any other interested person, may present testimony or evidence concerning the violation and the appropriate means of correcting the violation.
B. The administrator shall establish all appropriate administrative regulations for implementing this chapter, conducting hearings and rendering decisions pursuant to this section.
C. The hearing officer may reduce, waive or conditionally reduce the penalties stated in an administrative citation if mitigating circumstances are shown and the hearing officer states specific grounds for reduction or waiver in the written decision. The hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.
D. The failure of the responsible party/appellant or duly authorized representative to appear at the hearing shall constitute a forfeiture of the fine and appeal fees and a failure to exhaust the responsible party/appellant’s administrative remedies.
E. The hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The city shall preserve all exhibits submitted by the parties and shall serve the decision by first-class mail on the appellant within 10 calendar days after the hearing. The decision of the hearing officer dismissing the administrative citation is final and conclusive. The decision of the hearing officer affirming the administrative citation is final and conclusive, subject only to review by the superior court in accordance with state law pursuant to an appeal to superior court filed by the appellant within 20 days of the date that the administrative citation is served upon the appellant. There are no appeals to the city council.
F. If the hearing officer dismisses the administrative citation, all fines and appeal fees shall be refunded to the responsible party/appellant within 30 calendar days. (Ord. 10-1988 §§ 5, 6, 2010; Ord. 04-1900 § 1, 2004.)
1.26.110 Hearing officer.
The administrator, or designee thereof, shall designate the hearing officer to conduct the hearing. The hearing officer shall be an independent contractor with no conflicts of interest, ties to the owner, agent or responsible party that is the subject of the appeal, or to the property, if applicable, that is the subject of the appeal. All costs associated with the hearing officer shall be paid from the appeal hearing fees and fines collected from administrative citations. (Ord. 10-1988 § 7, 2010; Ord. 04-1900 § 1, 2004.)
1.26.120 Collection of fines.
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 may file a civil action, impose a special assessment as set forth below, deny issuance or renewal of city licenses or permits as set forth in CMC 1.26.130, or pursue any other legal remedy to collect such debt, including reasonable costs of collection and attorneys’ fees.
B. The city 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. The city shall record a notice of lien in the office of the county recorder 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. After confirmation and recordation, a copy shall be turned over to the Los Angeles County tax collector. 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. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.
C. Nonpayment of fines which the city has made reasonable effort to collect shall be deemed a misdemeanor for which the responsible party may be prosecuted.
D. Administrative citation fines collected pursuant to this chapter shall be deposited into a community improvement fund. (Ord. 04-1900 § 1, 2004.)
1.26.130 Denial of licenses and permits for delinquent administrative citation fines, charges, costs and fees.
A. Denial of Licenses and Permits. In addition to the procedures described in CMC 1.26.120, the city may collect any past due administrative citation fine, late payment charge, costs or fees by declining to issue or renew any city license, permit, zoning variance or other permission required and applied for by the responsible party under any chapter of CMC Title 5, 6, 9, 11, 14, 16, or 17 until the responsible party pays such fine, charge, costs and fees.
B. Procedure to Deny Licenses and Permits.
1. When the enforcement officer becomes aware that a responsible party has failed to pay such fine, charge, costs or fees within the time prescribed in the administrative citation, the hearing officer’s written decision, or in any order of a court of competent jurisdiction, whichever is applicable, the enforcement officer shall notify the departments responsible for issuing the above-described licenses and permits that said responsible party has a delinquent debt, and that no licenses or permits may be issued to the responsible party until the debt has been fully satisfied.
2. At or prior to the time when a responsible party applies for a license or permit, or for a renewal of such license or permit, the department that is responsible for issuing the license or permit shall notify the responsible party that he or she is ineligible for such license or permit issuance or renewal due to the outstanding debt. The notice shall inform the responsible party that he or she may request a description of the outstanding debt from the code enforcement department, and shall inform the responsible party of his or her right to appeal the denial of the license or permit under this section. If notice is provided by mail, it shall be sufficient to mail the notice to the last address the responsible party provided to the issuing department. The date of notice shall be the date the notice was deposited in the mail, if served by first-class mail; the date of delivery, if served by personal service; or the date of service, if served by any other manner.
3. Upon the responsible party’s request, the code enforcement department shall provide the responsible party with a written description of his or her outstanding debt.
4. For purposes of this subsection (B), “responsible party” shall include any attorney, agent or representative of a responsible party. The applicable department shall have the right to deny the issuance or renewal of a license or permit if the department reasonably believes that the attorney, agent or representative is seeking the issuance or renewal of a license or permit on behalf of the party responsible for the outstanding debt to the city. In such case, the applicable department shall send written notice of ineligibility to the responsible party and his or her attorney, agent or representative.
C. Request for Appeal. The appeal provisions of this section shall specifically apply to this chapter, notwithstanding any provision of this code to the contrary. A responsible party shall have 10 business days from the date of notice to appeal the department’s denial by requesting a hearing by the city manager, or his/her designee. Requests for an appeal hearing shall be made in writing to the city manager’s office. A request for hearing shall include:
1. The full name, address and telephone number of the responsible party/appellant;
2. A written statement signed by the responsible party/appellant setting forth facts, law or other information relevant to establishing a defense to the department’s denial of the license or permit;
3. A copy of the notice provided to the responsible party/appellant by the license/permit issuing department under subsection (B)(2) of this section; and
4. Any documentary evidence that supports the responsible party/appellant’s appeal, including receipts demonstrating payment of the alleged debt.
D. Appeal Procedure. Upon receipt of a timely and proper request for a hearing, the city manager or his or her designee shall assign a hearing date no later than 15 business days after the date of request. The hearing shall not be continued without the consent of the responsible party/appellant. The city manager, or his or her designee, shall determine whether or not the responsible party/appellant is ineligible for a license/permit pursuant to this section. The hearing shall comply with the following provisions:
1. The city manager, or his or her designee, shall abide by any prior determination that a debt exists and the scope of review shall be limited to: (a) whether the debt has been satisfied, and (b) whether the responsible party/appellant was properly notified that a debt exists pursuant to this chapter, whether by administrative citation, written decision of the hearing officer, or by order of a court of competent jurisdiction, whichever is applicable. The responsible party/appellant shall not be entitled to raise any defenses related to his or her liability for the underlying debt.
2. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
3. At the conclusion of the hearing, the city manager or his or her designee shall issue a final order that the responsible party/appellant is either eligible or ineligible for issuance or renewal of the license/permit. If the responsible party/appellant is found to be ineligible, his or her license/permit may not be issued or renewed prior to the payment of the outstanding debt. The city manager, or his or her designee, shall issue an order no more than 15 business days after the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final.
E. Optional Issuance by City Department. Notwithstanding the provisions of subsection (B) of this section, a city department may issue an initial or renewal license or permit to a responsible party if the director of the issuing department or other appropriate city department or agency determines that:
1. The responsible party has entered into an agreement with a court of competent jurisdiction, the code enforcement department, or other appropriate city department or agency, for the payment of all debt owed and the responsible party is in compliance with the agreement;
2. The responsible party is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding; or
3. The responsible party has filed a petition in bankruptcy and the debt owed is dischargeable in bankruptcy.
F. Existing License/Permit to Remain in Effect Pending Appeal. When the holder of a license or permit is notified in accordance with subsection (B) of this section that such license or permit will not be renewed unless an outstanding debt is paid, the license or permit shall remain in effect during the pendency of the appeal process described in subsection (D) of this section. When a license or permit is found to be eligible for renewal, through the appeal process, it shall remain in effect until the renewal is issued. When a license or permit is found to be ineligible for renewal, through the appeal process, it shall expire at such time as the license or permit holder has exhausted or failed to exhaust the appeal procedures described in subsection (D) of this section. (Ord. 04-1900 § 1, 2004.)
1.26.140 Civil or criminal actions not affected.
Any administrative citation pursuant to this chapter 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. 04-1900 § 1, 2004.)