Chapter 1.18
ENFORCEMENT--ADMINISTRATIVE CITATIONS
Sections:
1.18.010 Administrative citations and penalties.
1.18.020 Violations of building and zoning codes--Notice and order to abate.
1.18.030 Administrative citation--Content and service.
1.18.040 Fines/penalty amount.
1.18.060 Late payment charges.
1.18.070 Recovery of administrative citation fines and costs.
1.18.010 Administrative citations and penalties.
A person who violates a provision of the city of Angels Municipal Code or who fails to comply with a mandatory requirement of this code may be subject to an administrative citation and penalty. Whenever a code enforcement officer charged with the enforcement of a provision of this code determines that a violation has occurred, the code enforcement officer has the authority to issue an administrative citation to the person responsible for the violation.
This chapter provides for administrative citations, which are in addition to all other legal remedies, criminal or civil, which the city may pursue to address a violation of this code as identified in Chapters 1.16, 1.17 and throughout the Angels Municipal Code. Use of this chapter is at the sole discretion of the city. This chapter is authorized under Government Code Sections 36901 and 53069.4.
This chapter is intended to be used in conjunction with Chapter 1.16 (Enforcement--Violations, Process, Notice and Order to Abate, Remedies, and Penalties), Chapter 1.17 (Enforcement--Public Nuisances, Abatement, Recording Notices of Violation), Chapter 1.19 (Enforcement--Appeals and Judicial Review), Chapter 8.10 (Abatement of Weeds and Rubbish), Chapter 8.44 (Controlled Debris Burning), Chapter 15.06 (Dangerous Building Code, Enforcement) and all other code sections addressing enforcement. (Ord. 514 §1 (Att. C), 2021)
1.18.020 Violations of building and zoning codes--Notice and order to abate.
Except as otherwise provided in Section 1.17.230 (Summary abatement of public nuisances posing immediate threat to public health and safety), if a violation pertains to building, plumbing, electrical, or other structural or zoning code issues, the city shall first issue a notice and order to abate in compliance with Section 1.16.050, and if applicable, Section 1.16.060, before issuing an administrative citation under this chapter. (Ord. 514 §1 (Att. C), 2021)
1.18.030 Administrative citation--Content and service.
A. Contents of an Administrative Citation. Each administrative citation shall contain the following information:
1. The date of the violation, or date the violation was observed;
2. The address or a definite description of the location where the violation occurred;
3. The section of the violated code 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 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 may be obtained to contest the citation; and
8. The name and signature of the citing enforcement officer.
B. In the case of a continuing violation involving building, plumbing, electrical, or other similar structural or zoning issues identified under the city of Angels Municipal Code, the administrative citation shall also have attached a copy of the notice and order to abate previously sent to the responsible party.
C. Service of Administrative Citation. The administrative citation shall be served in the same manner as prescribed for a notice and order of abatement pursuant to Section 1.16.060. (Ord. 514 §1 (Att. C), 2021)
1.18.040 Fines/penalty amount.
Administrative citation penalty fines shall be as established in Section 1.16.110. Fines initially shall be the same as fines set for infractions, with repeat offenses progressing to fines the same as for misdemeanors, unless otherwise specified in Section 1.16.110.
A. Additional Amounts. Administrative costs, interest, late payment charges, costs of compliance reinspections, and collection costs are in addition to the fines.
B. Fine Reductions Upon Appeal. Upon request before or at the hearing held under Chapter 1.19, the code enforcement officer or city council, on appeal, may reduce the amount of the fine based on the following factors:
1. The duration of the violation.
2. The frequency, recurrence and number of violations, related or unrelated, by the same responsible party.
3. The seriousness of the violation.
4. The good faith efforts of the responsible party to come into compliance.
5. The impact of the violation on the community.
6. Such other factors as justice requires. (Ord. 514 §1 (Att. C), 2021)
1.18.050 Fine payment.
A. Due Date. The fine shall be paid to the city within thirty days from the date of the administrative citation. The city may suspend the imposition of fines for any time during which the responsible party has filed for necessary permits, such permits are required to achieve compliance, and the permit applications are actively pending before the appropriate governmental agency.
B. Refund. The city shall refund a fine paid if the code enforcement officer or city council, on appeal, determines, after a hearing held under Chapter 1.19, that the person charged in the citation was not responsible for the violation or that there was no violation as charged.
C. Further Violations Not Excused. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation. (Ord. 514 §1 (Att. C), 2021)
1.18.060 Late payment charges.
A person who fails to pay to the city any fine imposed under this chapter on or before the due date is liable for payment of any applicable late payment charges set forth in the schedule of fines/fees. (Ord. 514 §1 (Att. C), 2021)
1.18.070 Recovery of administrative citation fines and costs.
A. A person who fails to pay any fine or other charge owed to the city under this chapter is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys’ fees. Such collection costs are in addition to any fines, interest, and late charges.
B. In addition to the administrative citation fine, the city may collect its administrative costs, interest, late payment charges, costs of compliance reinspections, and collection costs.
C. The city may collect any past due administrative citation fine(s) and other costs and charges by any available legal means. (Ord. 514 §1 (Att. C), 2021)
1.18.080 Severability.
If any section, subsection, sentence, clause, phrase or other part of this chapter is for any reason held to be unconstitutional or otherwise invalid such decision shall not affect the validity of the remaining portions of this chapter. The city of Angels city council declares that it would have enacted this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases or other parts be declared unconstitutional or otherwise invalid. (Ord. 514 §1 (Att. C), 2021)