Chapter 1.20
ADMINISTRATIVE CITATIONS
Sections:
1.20.010 Applicability.
1.20.020 Enforcement officer–Defined.
1.20.030 Administrative citation.
1.20.040 Amount of fines.
1.20.050 Payment of the fine.
1.20.060 Hearing request.
1.20.070 Advance deposit hardship waiver.
1.20.080 Hearing officer.
1.20.090 Hearing procedure.
1.20.100 Hearing officer’s decision.
1.20.110 Late payment charges.
1.20.120 Enforcement–Recovery of administrative citation fines and costs.
1.20.130 Right to judicial review.
1.20.140 Notices.
1.20.010 Applicability.
A. This chapter provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code.
B. In the case of a continuing violation pertaining to building, plumbing, electrical or other similar structural or zoning issues which do not create an immediate danger to health or safety, the person shall first be given a reasonable period of time, which shall not be less than fifteen days, to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties. If the person fails to comply within the time specified, the city may then issue an administrative citation.
C. Use of this chapter shall be at the sole discretion of the city, subject to subsection B of this section. (Ord. 1529 § 1, 1997; Ord. 1504 § 1 (part), 1996)
1.20.020 Enforcement officer–Defined.
For the purposes of this chapter, “enforcement officer” shall mean any city employee or agent of the city with the authority to enforce any provision of the Gardena Municipal Code. (Ord. 1504 § 1 (part), 1996)
1.20.030 Administrative citation.
A. Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.
B. Each administrative citation shall contain the following information:
1. The date of the violation;
2. The address or a definite description of the location where the violation occurred;
3. The section of the code violated and a description of the violation;
4. The amount of the fine for the code violation;
5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
8. The name and signature of the citing enforcement officer. (Ord. 1504 § 1 (part), 1996)
1.20.040 Amount of fines.
A. The amounts of the fines for municipal code violations imposed pursuant to this chapter shall be established by resolution of the city council.
B. The schedule of fines may specify increased fines for repeat violations of the same code provision by the same person.
C. The schedule of fines may specify the amount of any late payment charges imposed for the payment of a fine after its due date. (Ord. 1504 § 1 (part), 1996)
1.20.050 Payment of the fine.
A. The fine shall be paid to the city within thirty days from the date of the administrative citation.
B. Any administrative citation fine paid pursuant to subsection A of this section shall be refunded in accordance with Section 1.20.100 if it is determined, after a hearing, that the person charged was not responsible for the violation or that there was no violation as charged in the administrative citation.
C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. (Ord. 1504 § 1 (part), 1996)
1.20.060 Hearing request.
A. Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing form and returning it to the city within thirty days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.20.070.
B. A request for hearing form may be obtained from the department specified on the administrative citation.
C. 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.
D. 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 also shall be served on the person requesting the hearing at least five days prior to the date of the hearing. (Ord. 1504 § 1 (part), 1996)
1.20.070 Advance deposit hardship waiver.
A. Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in Section 1.20.060(A) may file a request for an advance deposit hardship waiver.
B. The request shall be filed in writing with the finance department within ten days of the date of the administrative citation. The finance department may create a form for this purpose.
C. The requirement of depositing the full amount of the fine as described in Section 1.20.060(A) shall be stayed unless or until the director of finance makes a determination not to issue the advance deposit hardship waiver.
D. The director may waive the requirement of an advance deposit set forth in Section 1.20.060(A) and issue the advance deposit hardship waiver only if the cited party submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the person’s actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.
E. If the director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten days of the date of that decision or thirty days from the date of the administrative citation, whichever is later.
F. The director shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the director shall be final.
G. The written determination of the director shall be served upon the person who applied for the advance deposit hardship waiver. (Ord. 1504 § 1 (part), 1996)
1.20.080 Hearing officer.
The city manager shall designate the hearing officer for the administrative citation hearing. (Ord. 1504 § 1 (part), 1996)
1.20.090 Hearing procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with Section 1.20.060 or an advance deposit hardship waiver has been issued in accordance with Section 1.20.070.
B. A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
C. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
D. 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 administrative remedies.
E. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
F. 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. 1504 § 1 (part), 1996)
1.20.100 Hearing officer’s decision.
A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel 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, then the fine amount on deposit with the city shall be retained by the city.
C. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver the hearing officer shall set forth in the decision a payment schedule for the fine.
D. If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the city’s portfolio for the period of time that the fine amount was held by the city.
E. The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision.
F. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. (Ord. 1504 § 1 (part), 1996)
1.20.110 Late payment charges.
Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines. (Ord. 1504 § 1 (part), 1996)
1.20.120 Enforcement–Recovery of administrative citation fines and costs.
A. All Legal and Equitable Remedies Available. The city may collect from any responsible party any past due administrative citation fine or late payment charge (along with any delinquent taxes finally determined to be owing by a responsible party through the administrative citation process) by use of all available means, at law or equity. The city also may recover from any responsible party its collection costs including but not limited to administrative costs and attorneys’ fees. For purposes of this Section 1.20.120, the term “responsible party” shall mean any person who is finally determined through the administrative process to be liable for delinquent fines, charges, costs, fees or taxes.
B. Denial of Licenses and Permits. In addition to the means described above, the city may collect any past due administrative citation fine, late payment charge, costs, finally determined taxes or fees by declining to issue or renew any license, permit, zoning variance or other permission required and applied for by the responsible party under any chapter of titles 5, 6, 8, 10, 11, 13, 15, 17 and 18 of the City of Gardena Municipal Code until the responsible party pays such fine, charge, costs, finally determined taxes and fees.
C. 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, finally determined tax 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 administrative services 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 administrative services department shall provide the responsible party with a written description of his or her outstanding debt.
4. For purposes of this subsection C, “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 both the responsible party and his or her attorney, agent or representative.
D. Request for Appeal. The appeal provisions of this Section 1.20 shall specifically apply to this chapter, notwithstanding any provision of Chapter 1.12 of this Code to the contrary.
A responsible party shall have ten (10) business days from the date of notice to appeal the department’s denial by requesting a hearing by the City Manager, or his 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 an 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 (C)(2);
4. any documentary evidence that supports the responsible party/appellant’s appeal, including receipts demonstrating payment of the alleged debt; and,
5. payment of the applicable appeal fee in an amount as may be set by City Council resolution.
E. Appeal Procedure. Upon receipt of a timely and proper request for a hearing, the City Manager or his 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 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 designee, shall abide by any prior determination that a debt exists and the scope of review shall be limited to: (i) whether the debt has been satisfied and (ii) 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 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 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 designee, shall be final.
F. Optional Issuance by City Department. Notwithstanding the provisions of subsection (C) herein, a City department may, but shall not be required to, 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 administrative services department, or other appropriate City department or agency, for the payment of all debts owed and the responsible party is in compliance with the agreement; or
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 debts owed are dischargeable in bankruptcy.
G. Existing License/Permit to Remain in Effect Pending Appeal. When the holder of a license or permit is notified in accordance with subsection (C) that such license or permit will not be renewed unless an outstanding debt is paid, and provided that the license or permit at issue is still valid and current at the time a Request for Appeal is timely filed with the City Manager’s Office, the license or permit shall remain in effect during the pendency of the appeal process described in subsection (E). 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 (E).
No provision of this subsection G shall be construed to keep in effect or extend the life of a license or permit that has expired, been terminated or otherwise been rendered invalid prior to the date that a Request for Appeal is filed with the City Manager’s Office. Further, no provision of this subsection G shall be construed to grant any new license or permit rights to a responsible party that does not have a valid and current license or permit prior to the date that a Request for Appeal is filed with the City Manager’s Office.”
(Ord. 1656, § 1, 2004; Ord. 1504 § 1 (part), 1996)
(1656, Amended, 05/25/2004)
1.20.130 Right to judicial review.
Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the municipal court in Los Angeles County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. (Ord. 1504 § 1 (part), 1996)
1.20.140 Notices.
A. The administrative citation and all notices required to be given by this chapter shall be served on the person responsible either by personal delivery or by deposit in the United States mail in a sealed envelope postage prepaid addressed to such person to be notified at his or her last-known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed three days after deposited in the mail. Service by personal delivery shall be deemed to have been completed on the date of personal delivery.
As an alternative, in the event that service by personal delivery or by mail is not feasible, an administrative citation and all notices required to be given by this chapter may be served upon a person responsible by posting said citation or notice upon any real property within the city in which the city has knowledge that the person responsible has a legal interest. The citation or notice shall be secured on the front door knob, window, or other unpainted surface in the front of the property and a photograph of the citation or notice shall be taken as proof of service. Service by posting shall be deemed to have been completed on the date of posting, as indicated by the photograph of the posted citation or notice.
B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.”
(Ord. 1656 § 1. 2004; Ord. 1504 § 1 (part), 1996)
(1656, Amended, 05/25/2004)