Chapter 1.20
ADMINISTRATIVE CITATION PROCEDURE
Sections:
1.20.010 Applicability.
1.20.015 Enforcement officer.
1.20.020 Administrative citation.
1.20.025 Amount of fines.
1.20.028 Payment of the fine.
1.20.030 Service of notice.
1.20.040 Request for review.
1.20.050 Determination.
1.20.060 Decision of the City Manager.
1.20.070 Alternatives.
1.20.080 Collection of penalties.
1.20.010 Applicability.
A. This chapter provides for administrative citations which are in addition to all other legal remedies.
B. Use of this chapter shall be at the sole discretion of the City. [Ord. 1091 § 1, 2003; Ord. 1017 § 1.20.010, 1996].
1.20.015 Enforcement officer.
For purposes of this chapter, “Enforcement Officer” shall mean any City employee or agent of the City with the authority to enforce any provision of this code. [Ord. 1091 § 1, 2003].
1.20.020 Administrative citation.
A. It shall be unlawful for any person to violate any ordinance of the City. Whenever an Enforcement Officer charged with the enforcement of any provision of this code determines that a violation of that provision 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 or, if the date of the violation is unknown, then the date the violation is identified;
2. The address or a description of the location where the violation occurred;
3. The section of the Lake Elsinore Municipal Code violated and a brief 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. 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
7. The name and signature of the citing Enforcement Officer. [Ord. 1091 § 1, 2003; Ord. 1017 § 1.20.020, 1996].
1.20.025 Amount of fines.
A. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the City Council.
B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person within 12 months from the date of an administrative citation.
C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date. [Ord. 1091 § 1, 2003].
1.20.028 Payment of the fine.
A. The fine shall be paid to the City within 30 days from the date of the administrative citation, unless a later date is approved by the City Manager due to extenuating circumstances as may be determined by the City Manager.
B. Any administrative citation fine paid pursuant to subsection (A) of this section shall be refunded 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.
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. 1091 § 1, 2003].
1.20.030 Service of notice.
Service of notices required under this provision shall be made by the following means:
A. By personal service of the violator in the same manner as a summons in a civil action; or
B. By registered U.S. mail. Service shall be completed at the time of deposit in the U.S. mail. [Ord. 1017 § 1.20.030, 1996].
1.20.040 Request for review.
Any person that is ordered to pay an administrative penalty for violating a City ordinance may request a review by depositing the full amount of the penalty with the request for review to the City Manager and providing a written explanation to the City Manager as to why the violation is being contested. [Ord. 1017 § 1.20.040, 1996].
1.20.050 Determination.
The City Manager, or a designee of the City Manager, shall review the request for review and take appropriate action. He may act on the information before him, request additional information, or take other administrative action necessary to make a determination. [Ord. 1017 § 1.20.050, 1996].
1.20.060 Decision of the City Manager.
Following the review of the violation, the City Manager or the City Manager’s designee shall determine whether a violation of an ordinance has occurred. If the City Manager or the City Manager’s designee determines that a violation has occurred, he or she shall prepare a written order affirming the administrative penalty and/or designating an appropriate penalty. The order shall inform violators of their right to appeal the order within 20 days to the Municipal Court for a trial de novo. [Ord. 1017 § 1.20.060, 1996].
1.20.070 Alternatives.
Nothing in this chapter shall prevent the City from initiating a civil or criminal proceeding or any other legal or equitable proceeding as an alternative to the proceedings set forth in this chapter. [Ord. 1017 § 1.20.070, 1996].
1.20.080 Collection of penalties.
The penalties and/or fines may be collected by the City in a small claims action, by lien, by collection agency, or by any other legal means. [Ord. 1017 § 1.20.080, 1996].