Chapter 1-36
ADMINISTRATIVE CITATIONS AND PENALTIES
Sections:
1-36.010 Statement of purpose and intent. Revised 10/18
1-36.020 Definitions. Revised 10/18
1-36.030 General enforcement authority. Revised 10/18
1-36.040 Notice of violation. Revised 10/18
1-36.050 Issuance of administrative citation. Revised 10/18
1-36.060 Service procedure for notice of violation and administrative citation. Revised 10/18
1-36.070 Contents of administrative citation. Revised 10/18
1-36.080 Satisfaction of administrative citation. Revised 10/18
1-36.090 Appeal of administrative citation. Revised 10/18
1-36.100 Advance deposit hardship waiver. Revised 10/18
1-36.110 Hearing procedure. Revised 10/18
1-36.120 Hearing officer’s decision. Revised 10/18
1-36.130 Failure to pay penalties. Revised 10/18
1-36.140 Dismissal of citation. Revised 10/18
1-36.150 Right to judicial review. Revised 10/18
1-36.160 Alternative compliance actions. Revised 10/18
1-36.010 Statement of purpose and intent.
The City Council hereby finds and determines that enforcement of the Laguna Hills Municipal Code (“LHMC” or “Code”) pursuant to the city’s police power is a matter of public health, safety, and welfare and serves important public purposes. This chapter makes any violation of the provisions of this code subject to administrative citation and fine. The City Council hereby adopts this administrative citation program as authorized by Government Code Section 53069.4 in order to achieve the following goals and objectives:
A. To protect the public health, safety, and welfare of the citizens of the city.
B. To gain compliance with the LHMC in a timely and efficient manner by encouraging voluntary and complete compliance with the provisions of this code and to eliminate nuisances for the protection and benefit of the community.
C. To establish administrative procedures for the imposition, enforcement, collection, and review of administrative citations and fines pursuant to Government Code Section 53069.4, as may be amended from time to time, and the city’s plenary police power.
D. To provide for an administrative process to appeal the imposition of administrative citations and penalties. (Ord. 2018-5 § 2 (part))
1-36.020 Definitions.
“Administrative citation” means a written citation issued to a responsible person for any violation of this code.
“Administrative citation process” means administrative citation warnings, administrative citations and penalties, and the administrative citation appeal and review procedures established by this chapter.
“Administrative costs” means the administrative citation penalties and civil penalties assessed, all costs incurred by the city from first discovery of a violation through the appeal process and until compliance is achieved, including but not limited to staff time to inspect the property, preparation of notices, preparation for and attendance at any hearing, including appeal hearings, and all legal costs associated with obtaining compliance.
“Building violation” means any violation of this code pertaining to building, plumbing, electrical, or other similar structural or zoning regulation that does not create an immediate danger to health or safety.
“Code” or “LHMC” means the Laguna Hills Municipal Code, the Laguna Hills Zoning and Development Code, or any ordinance adopted by the Laguna Hills City Council, including, but not limited to, all Uniform Codes or other codes or regulations of the state of California duly adopted by reference or otherwise applicable to the city of Laguna Hills.
“Director” means the director of the issuing department.
“Enforcement officer” means any employee or agent of the city authorized to enforce the provisions of this code as designated by the City Manager, including but not limited to all law enforcement personnel, code enforcement officers, department directors or their designees, and any duly authorized animal control officers, whether independent contractors or employees.
“Hearing officer” means the person selected by the City Manager to serve as the appointed administrative hearing officer in connection with the timely appeal of an administrative citation.
“Responsible person” means any of the following:
1. A person who causes a code violation to occur.
2. A person who maintains or allows a code violation to continue, by his or her action or failure to act.
3. A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act.
4. A person who is the owner of, or a person who is a tenant, lessee or sublessee with the current right of possession of real property where a property-related code violation occurs.
5. A person who is the on-site manager of a business, or a person actually or apparently in charge of the business.
6. A person who, pursuant to California Civil Code Section 2929.3, purchases residential property at a foreclosure sale, or acquires the residential property through foreclosure under a mortgage or deed of trust, where a property-related code violation exists upon the residential property, and the residential property is vacant.
For purposes of this subsection, “person” includes any natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legal presumption that the record owner of a parcel according to the county’s latest equalized property tax assessment rolls and a tenant, lessee or sublessee of a parcel has notice of any code violation existing on the premises.
For purposes of this chapter, there may be more than one responsible person for a code violation and more than one violator.
“Violator” means a person issued an administrative citation charging him or her as a responsible person for a code violation. (Ord. 2018-5 § 2 (part))
1-36.030 General enforcement authority.
A. Any violation of the LHMC, this code, or any ordinance enacted by the City Council of the city of Laguna Hills is subject to an administrative fine or penalty.
B. Any enforcement officer, upon determining that any provision of this code, which he or she is charged to enforce, has been violated has the authority to issue an administrative citation pursuant to this chapter to any responsible person or persons. An enforcement officer may issue an administrative citation for a violation the officer did not see occur if the officer has determined, through reasonable investigation, that the person is a responsible person. Enforcement officers are authorized to issue notices of violation and administrative citations, inspect public and private property, and use whatever judicial and administrative remedies are available under the code to ensure compliance with the LHMC, this code, or any ordinance enacted by the City Council of the city of Laguna Hills.
C. Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, use permits, site development permits, changed plans, variances, landscape plans, etc.), shall comply with all plan approvals and conditions imposed upon the issuance of the permit, license, or other approval. If a person violates any condition of such permit, license, or approval, he or she may be issued an administrative citation and may be liable for fines and penalties under the provisions of this chapter.
D. The city may take into consideration the fact that a person has been issued an administrative citation(s) when the city is determining whether to suspend or revoke any permit, license, or any type of land use approval for the person and such administrative citations are evidence that the person has committed acts that are not compatible with the health, safety, and general welfare of other persons and businesses in the vicinity.
E. The issuance of an administrative citation pursuant to this chapter is solely at the city’s discretion and is one option available to the city for addressing violations of this code. By adopting this chapter, the city does not intend to limit its discretion to use any other remedy, civil or criminal, to enforce the provisions of this code and any other ordinance of the city. (Ord. 2018-5 § 2 (part))
1-36.040 Notice of violation.
A. When a code violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, that does not create an immediate danger to health or safety, is determined to exist on a property, the enforcement officer shall issue the responsible person(s) a notice of violation as provided in Section 1-36.060 at the property and/or at the address maintained on record for the property owner. For these types of violations only, the notice of violation shall allow at least thirty (30) days for the responsible person(s) to correct or otherwise remedy the violation before an administrative citation is issued.
B. When any other code violation is determined to exist, the enforcement officer shall issue the responsible person(s) a notice of violation as provided in Section 1-36.060 and provide a specific and reasonable amount of time to correct the violation. The notice of violation shall provide the responsible person a minimum of ten calendar days to correct the violation. The enforcement officer, in consultation with the City Manager or the director, may determine an amount of time that is longer if deemed reasonable and appropriate.
C. When a code violation is considered to be an imminent danger to the public health, safety, and/or welfare, the enforcement officer, in consultation with the City Manager or the director, is not required to issue a notice of violation and instead may immediately commence abatement proceedings and/or issue an administrative citation.
D. Any notice of violation shall identify the violation(s) at issue, the date the violation was observed, the applicable code section(s), the corrective action(s) required to obtain complete compliance, and, if applicable, the location of the property. The responsible person shall be advised that administrative citation(s) may be issued if compliance is not obtained within the period specified in the notice of violation. If applicable, the responsible person(s) shall also be advised that an inspection fee, as established by resolution of the City Council, may be imposed for additional inspections required beyond one reinspection to verify compliance.
E. The time specified for correction of a violation may be extended at the discretion of the enforcement officer, with approval by the City Manager or the director, one or more times, if it is determined that reasonable progress is being made to correct the violation or for other good cause.
F. If the violation also constitutes the performance of work without a required permit or in violation of an issued permit, the enforcement officer may issue a cease and desist order to temporarily and immediately halt the work and take any other action appropriate at that time. (Ord. 2018-5 § 2 (part))
1-36.050 Issuance of administrative citation.
A. Any responsible person who violates any provision of this code, other than Title 13 (Animals), may be issued an administrative citation pursuant to this chapter by an enforcement officer authorized to issue such citations pursuant to Section 1-36.030, with approval by the City Manager or the director. Any responsible person who violates any provision of Title 13 (Animals) may be issued an administrative citation by an authorized animal control officer pursuant to the enforcement procedures set forth in Title 13.
B. When a code violation is considered to be an imminent danger to the public health, safety, and/or welfare, the enforcement officer may immediately issue an administrative citation, with approval by the City Manager or the director.
C. Each and every day a violation exists constitutes a separate and distinct offense.
D. A fine or penalty shall be assessed by means of an administrative citation and shall be payable directly to the city of Laguna Hills.
E. Penalties shall be assessed for code violations committed by the same responsible person as follows:
1. A penalty for each initial violation, in an amount established by resolution of the City Council;
2. A penalty for each instance of a second violation of the same code violation within one year from the date of the first violation, in an amount established by resolution of the City Council;
3. A penalty for each additional violation of the same code violation within one year from the date of the first violation, in an amount established by resolution of the City Council.
F. The responsible person issued an administrative citation shall be liable for and shall pay to the city the fine or penalties set forth in the citation when due pursuant to the provisions of this chapter. (Ord. 2018-5 § 2 (part))
1-36.060 Service procedure for notice of violation and administrative citation.
A notice of violation or administrative citation on a form approved by the City Manager or the director may be served upon any responsible person in the following manner:
A. Personal Service. In any case where a notice or administrative citation is issued:
1. The enforcement officer shall attempt to locate and personally serve the responsible person(s) and in the case of an administrative citation obtain the signature of the responsible person(s) on the citation;
2. If the responsible person(s) refuses or fails to either accept the notice or to sign or accept the administrative citation, their failure or refusal shall not affect the validity of the notice or the administrative citation or any subsequent proceedings.
B. Service by Posting Notice. If the enforcement officer does not succeed in personally serving a responsible person(s):
1. The enforcement officer shall post the notice or administrative citation or duplicate thereof in a conspicuous place on the property, parcel or lot where the property-related violation(s) exists or has occurred, and such posting shall be deemed effective service;
2. Any such posted notice shall be photographed on the date of posting and retained by the enforcement officer, and a proof of service of the notice shall be made by declaration of the enforcement officer effecting the service.
C. Service by Mail. If the enforcement officer does not succeed in personally serving a responsible person(s), in addition to posting notice:
1. The notice or administrative citation or duplicate thereof shall be mailed to the responsible person(s) at his or her residence or place of business by depositing the same in the United States mail, postage prepaid as first class mail;
2. A proof of service of the notice or administrative citation or duplicate thereof shall be made by declaration of the enforcement officer effecting the service.
D. Effective. Service of a notice of violation or administrative citation is effective immediately upon hand-delivery or posting or five calendar days after the date it is mailed, via first class mail, to the responsible person(s). Failure or refusal to accept a notice of violation or administrative citation or duplicate thereof does not invalidate the issuance of the notice or the administrative citation or any subsequent proceedings. Failure to receive any notice specified in this chapter shall not affect the validity of any proceedings conducted hereunder. (Ord. 2018-5 § 2 (part))
1-36.070 Contents of administrative citation.
Each administrative citation shall contain the following information:
A. The date of service of the administrative citation and the date, time, address, or description of the location where the violation(s) was observed.
B. The code section(s) violated and a description of the violation(s).
C. An order to the responsible person(s) to correct the violation(s) no later than the specified correction date. The order shall provide the responsible person a minimum of five calendar days to correct the violation. The enforcement officer, in consultation with the City Manager or the director, may determine an amount of time for the correction date that is longer, if deemed reasonable and appropriate. The correction date shall be identified on the citation.
D. An explanation of the consequences of failure to correct the violation(s) in a timely manner.
E. The amount of the penalty for the violation(s).
F. An explanation of how the penalty shall be paid and the penalty payment due date.
G. Notice of the right to appeal the administrative citation, the time within which the citation may be appealed, and how to request a hearing to appeal the citation.
H. The name and signature of the enforcement officer, as well as the City Manager or the director approving issuance of the citation, and, if obtained, the signature(s) of the responsible person(s). (Ord. 2018-5 § 2 (part))
1-36.080 Satisfaction of administrative citation.
Upon service of an administrative citation, the cited person shall do the following:
A. Remedy the violation(s) by or before the correction date specified on the administrative citation. Correcting the violation(s) shall not excuse or discharge payment of the penalty.
B. Pay the penalty no later than thirty (30) days from the date of issuance of the citation as specified on the administrative citation. Fines shall be made payable to the city of Laguna Hills and delivered to the director of the department identified on the citation. Payment of a penalty shall not excuse or discharge the failure to correct the violation(s), nor shall it bar further enforcement action by the city.
C. Late charges shall be imposed for penalty payments made after the penalty payment due date. The late charge for administrative citations issued for code violations, other than Title 13 (Animals), shall be calculated at a rate of twenty-five (25) percent of the penalty and will be imposed in addition to any outstanding penalty. Late charges for violations of any provision of Title 13 (Animals) may be assessed pursuant to the enforcement procedures set forth in Title 13. (Ord. 2018-5 § 2 (part))
1-36.090 Appeal of administrative citation.
A. Any recipient of an administrative citation, other than an administrative citation issued pursuant to Title 13, may appeal the citation by completing a written request for hearing form, obtained as directed on the citation, and returning it to the department indicated on the citation, within thirty (30) calendar days from the date the administrative citation is served or deemed to have been served, together with a deposit in the total amount of the penalty, and any late charges.
B. Any recipient of an administrative citation issued pursuant to Title 13 may appeal said citation in accordance with the procedures set forth in Title 13.
C. Failure to file a timely appeal of an administrative citation shall be deemed a waiver of the right to appeal and to seek judicial review and the administrative citation shall be deemed final.
D. A cited person may contest an administrative citation on the grounds that:
1. There was no violation of the code;
2. He or she is not the responsible person; or
3. If the violation was correctable, the violation was corrected within the compliance period provided. (Ord. 2018-5 § 2 (part))
1-36.100 Advance deposit hardship waiver.
A. Any cited person who intends to appeal the administrative citation and who is financially unable to make the advance deposit required by Section 1-36.090A may request an advance deposit hardship waiver by completing a written deposit waiver form obtained as directed on the citation.
B. The advance deposit waiver request form shall be filed together with the appeal in the department indicated on the citation within thirty (30) calendar days from the date the administrative citation is served or deemed to have been served.
C. The deposit requirement as described in Section 1-36.090A shall be stayed until the director makes a determination regarding the waiver request.
D. The City Manager or the director may waive the requirement of an advance deposit only if the responsible person cited submits to the city a statement under penalty of perjury together with any required or supporting documents or materials demonstrating to the satisfaction of the City Manager or the director the cited person’s actual financial inability to deposit with the city the full amount of the fine or penalty and late charge(s) in advance of the hearing.
E. If the City Manager or the director declines to issue a waiver, the responsible person cited shall remit the full deposit to the city within ten calendar days of the date of that decision or thirty (30) calendar days from the date the administrative citation is served or deemed to have been served, whichever is later.
F. The City Manager or the director shall issue a written determination listing the reasons for determining to issue or not issue the hardship waiver. The written determination shall be final.
G. The written determination shall be served personally or by first class mail, postage prepaid, upon the cited person who applied for the hardship waiver. (Ord. 2018-5 § 2 (part))
1-36.110 Hearing procedure.
A. No hearing to appeal an administrative citation shall be held unless and until a request for hearing form has been completed and timely filed with the director of the issuing department, as indicated on the citation, and the deposit has been fully paid, or a hardship waiver has been issued.
B. The City Manager shall designate a hearing officer to preside over the administrative citation appeal hearing. The hearing officer shall not be a city employee.
C. A hearing shall be set by the City Manager or the director for a date no sooner than thirty (30) calendar days and not more than ninety (90) calendar days from the date the request for hearing is completed and submitted in accordance with the provisions of this chapter. The cited person requesting the hearing shall be notified in writing of the time and place set for the hearing and the name of the hearing officer at least ten calendar days prior to the date of the hearing.
D. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the cited person created, committed, or maintained the violation(s). Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify if the hearing officer determines that such evidence is relevant and reliable. Admission of evidence and the conduct of the hearing shall be controlled by the hearing officer in accordance with the fundamentals of due process. The hearing officer may set reasonable limits on the length of the hearing and shall allow the contestant at least as much time to present his/her case as is allowed to the city.
E. The cited person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation. The city’s case shall be presented by any person designated by the City Manager. The contestant and city may be represented by legal counsel.
F. The failure of the contestant to appear at the hearing shall constitute a forfeiture of the penalty and a failure to exhaust administrative remedies.
G. The administrative citation and any additional documents prepared by the city in connection with the violation(s) may be submitted and shall constitute prima facie evidence of the respective facts contained in those documents.
H. If the enforcement officer, or the enforcement officer’s designee, submits any additional documents concerning the administrative citation to the hearing officer for consideration at the hearing, then, whenever possible, a copy of such document(s) shall be served by mail on the contestant at least five calendar days prior to the date of the hearing.
I. The hearing officer may continue the hearing or request additional information from the enforcement officer, or the enforcement officer’s designee, or the contestant prior to issuing a written decision. (Ord. 2018-5 § 2 (part))
1-36.120 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 grant or deny the appeal within fifteen (15) business days of the completion of the hearing.
B. If the hearing officer denies the appeal, then the cited person’s deposit shall be retained by the city.
C. If the hearing officer grants the appeal, then the city shall refund the deposit within thirty (30) business days from the date of the final written decision.
D. The contestant and city shall each be served with a copy of the hearing officer’s final written decision.
E. The hearing officer’s decision shall be final. (Ord. 2018-5 § 2 (part))
1-36.130 Failure to pay penalties.
A. Administrative citation fines shall be a debt to the city and subject to all remedies for debt collection allowed by law. The failure of the cited person to pay a citation penalty or late penalty in a timely manner may result in the imposition of a special assessment and/or lien against the real property on which the violation occurred, or the matter may be referred to the City Attorney to pursue any other legal remedy to collect administrative fines, including, without limitation, the referral of such collection to a collection agency.
B. The city may place a lien or special assessment on property that is the subject of a citation if the citation has been issued to the current property owner of record. The person issued an administrative citation, or any other person with a legal or equitable interest in the property that is the subject of the administrative citation, may contest the imposition of a lien or special assessment for such administrative citation penalty only by seeking a hearing pursuant to Section 1-36.090. Failure to seek such a hearing shall constitute a waiver by such person of that person’s right to contest the imposition of any lien and special assessment pursuant to this subsection.
C. If an unpaid administrative citation has been issued and has become final, the city, in addition to any other remedies it may have, may take the following actions in order to recover such unpaid delinquent administrative fines and late payment fees as a lien or special assessment on the real property that is the subject of the citation:
1. Annually, or more often as determined by the City Council, the City Council may, by ordinance or resolution, confirm the amounts of the liens and special assessments sought to be collected from each respective property.
2. The City Council’s confirmation shall include the amounts of the administrative citation fines, any late payment penalties associated therewith, and any applicable interest. Upon such confirmation, the City Council shall authorize city staff to take any further steps necessary to enforce collection of the liens and special assessments, including but not limited to the following:
a. Requesting the County Recorder to record a notice of any lien confirmed by the City Council against the respective property; and
b. Requesting the County Tax Collector on behalf of the city to collect any special assessment confirmed by the City Council.
3. Except as provided in subsection (C)(4) of this section, the amount of the proposed lien may be collected as a special assessment at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, including that the property subject to a special assessment may be sold after three years by the Tax Collector for unpaid delinquent assessments. However, if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.
4. If the City Council determines that the proposed lien authorized pursuant to subsection C of this section shall also become a lien, the City Council may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the County Recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner of the property, the last known address of the record owner, the date upon which the lien was created against the property, the amount of the lien, and include a description of the real property subject to the lien.
D. The city may also refuse to issue, extend, or renew to any cited person who has unpaid delinquent penalties, liens, or assessments, any city permit, license, entitlement, or other city approval pertaining to the property, parcel or lot that is the subject of the penalty and administrative citation.
E. Any permit, license, entitlement or land use approval issued by the city may be subject to suspension or revocation of the permit, license, entitlement, or land use approval in accordance with the procedures set forth in the relevant chapter of the LHMC if any unpaid penalty, interest or penalties remain delinquent for a period of more than thirty (30) days. (Ord. 2018-5 § 2 (part))
1-36.140 Dismissal of citation.
The enforcement officer, with approval by the City Manager or the director, may dismiss an administrative citation that has been issued at any time if: (A) it is determined to have been issued in error; (B) it was issued to the incorrect person; or (C) it was otherwise issued incorrectly, in which event any deposit will be promptly refunded. (Ord. 2018-5 § 2 (part))
1-36.150 Right to judicial review.
A. Either the contestant or the city aggrieved by a final written decision of a hearing officer on an administrative citation may obtain review of the hearing officer’s decision by filing an appeal with the Orange County Superior Court, where the same shall be heard de novo, in accordance with the timeframes, procedures, and requirements set forth in Government Code Section 53069.4(b), as may be amended from time to time.
B. Such procedure shall be available for all judicial review under this chapter, notwithstanding that the term or condition being enforced pursuant to this chapter may not be a matter covered by Government Code Section 53069.4(a) or (b).
C. Judicial review of an administrative citation issued pursuant to this chapter shall not be available unless and until all administrative remedies have been exhausted as provided in this chapter. (Ord. 2018-5 § 2 (part))
1-36.160 Alternative compliance actions.
Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to enforce the provisions of this code or any other ordinance of the city, or from pursuing any other legal means or remedies available to it in addition to or in lieu of the procedures set forth herein. (Ord. 2018-5 § 2 (part))