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HomeMy WebLinkAbout1997-03-11 - AGENDA REPORTS - CIVIL FINES MUNICODE (2)kI1 ' PUBLIC HEARING DATE: March 11, 1997 City Manager Approval Item to be presented by: Ruben M. Barrera SUBJECT: IMPOSING CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS DEPARTMENT: Building and Engineering Services BACKGROUND The California State Legislature recently adopted a new law that authorizes cities to impose civil fines for municipal code violations (Government Code Section 53069.4). This authorization allows cities to establish municipal code -civil fine programs that are modeled after the parking violation system adopted in 1992. Parking violations are now addressed through the imposition of administrative hearings and civil fines. In an effort to provide Building and Safety's Code Enforcement Section with another form of effective corrective action, the City Attorney's Office has researched the procedures for imposing municipal code -civil fines and has drafted a resolution and ordinance for the establishment of such a program within the City of Santa Clarita. On February 25, 1997, the Public Hearing on imposing civil fines for municipal code violations was opened and continued to the City Council meeting of March 11, 1997. This report gives a general description of the program and a statement of its intended use. Program Description The following scenario is a representative example of the procedures involved in a municipal code -civil fine program. (The exact actions taken in each case may differ slightly depending on the nature of the violation and other circumstances of enforcement.) A civil citation, giving notice of a municipal code violation, is issued to an offending party. The citation includes the applicable code section, the amount of the fine, the requested method of payment, andthe review process for contesting the citation. A correction period of 30 days from the date of the civil citation issuance is allowed for all continuing violations that do not create an immediate danger to health or safety. A fine is imposed on the same day as the citation issuance for those violations that do create such a danger. IMPOSING CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS March 11, 1997 - Page 2 If the violation is not corrected during the 30 -day period, and the assigned officer does not grant a discretionary time extension, a fine is imposed against the violator. Fines are imposed for each municipal code section noted on the citation. A second and third citation, with a progressively increasing fine, may also be issued via the above process if the violation remains uncorrected. Resolution 97-14 establishes fine amounts based on the municipal code section violated and the number of citations issued. In lieu of requiring a monetary payment, the City will reserve the right to grant a hardship waiver which allows the violator to perform a corresponding amount of community service. This service will be credited at an hourly conversion rate to be determined by the City based on the type of service performed. Fines that remain delinquent (unpaid and unserviced) after 60 days are either referred to a collection agency or made a lien/assessment against any real property owned by the violator. In addition to the fine, the City can also require a late fee of $25 per day for the period between correction of a violation and payment of the fine. A preliminary review of the citation can be requested by the offending party within 14 days from the date of the citation. The preliminary review is a request for staff verification of the violation and does not extend the 30 -day correction period. An administrative hearing to formally contest the violation can be requested by the offending party within 30 days from the date of the citation. Depositing the fines with the City is required prior to receiving a hearing, unless the City grants a hardship waiver. If the decision from the hearing is in favor of the City, the fine deposited will be retained. If the decision is in favor of the party, the fine deposited with the City is returned. An appeal to the municipal courts can be filed if the offending party is dissatisfied with the administrative hearing decision. The appeal must be filed within 20 days from the date of the administrative hearing and requires the payment of a $25 filing fee. Intended Use A municipal code -civil fine program is a punitive measure designed to coerce offending parties to comply with regulations through the threat of significant financial penalties. Currently, the enforcement of municipal codes within the City of Santa Clarita is performed through an educational approach. Code Enforcement Officers provide violators with thorough instruction and assistance on the actions required for compliance. Only a small percentage of enforcement cases, in which the violator does not reciprocate with appropriate abatement efforts, are pursued through substandard property declarations or criminal prosecutions. For this reason, the Code Enforcement Section intends to use municipal code -civil fines as an added measure to gain compliance on difficult, extreme, or repeat enforcement cases. The only California city known to be using this program on a routine basis is San Jose, which employs IMPOSING CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS March 11, 1997 - Page 3 a staff of 47 Code Enforcement Officers for 175 square miles and approximately 855,000 residents. With a ratio of one officer to every four square miles and 18,000 residents, San Jose has chosen to pursue an aggressive enforcement policy. Santa Clarita, on the other hand, employs four Code Enforcement Officers for 48 square miles and 145,000 residents (figures projected for May 1997). With a ratio of one officer to every 12 square miles and 35,000 residents, Santa Clarita has chosen a more educational and cooperative enforcement policy. The municipal code -civil fines will be used mainly as a step between substandard property declarations and criminal prosecutions. This program will not eliminate the simultaneous use of these other actions, which will still be necessary on certain extreme cases. The ability to pursue other enforcement options aside from civil fines will also be necessary because a violator may opt to pay a fine or have a lien/assessment placed on his or her real property without actually correcting the cited violation. A civil fine program may, however, reduce the total number of cases referred to the District Attorney's Office and therefore reduce the costs associated with criminal prosecution. Finally, because a municipal code -civil fine program is proposed to be used only on a small percentage of enforcement cases, it is not expected to provide a significant amount of revenue. The primary intent of the program is to provide another means for achieving compliance; it is not to assess financial penalties. Depending on the frequency of use, the program may in fact create some added City revenues. Any fines collected, however, will be offset by administrative costs for utilizing current Code Enforcement and Finance staff, printing citations, contracting with an administrative hearing officer, and acquiring private legal counsel for municipal court appeals. In addition, a six-month evaluation of the program may result in a need to increase the staffing levels of the above sections. After deducting administrative costs from parking fines, the City retains approximately 65 percent of each dollar collected. The dollar percentage retained from municipal code -civil fines is expected to be considerably less than the dollar percentage retained from parking fines due to a greater anticipated number of municipal court appeals. A greater number of appeals will create a corresponding increase in the amount of private legal counsel required to represent the City. City Council conduct public hearing and receive testimony on imposing civil fines for municipal code violations; defer adoption of Resolution No. 97-14 to the next scheduled meeting on March 25, 1997; waive further reading and pass Ordinance 97-2 to a second reading on March 25, 4997. 151DRYI Agenda Report - Addendum Resolution 97-14 Ordinance 97-2 Sample Civil Citation RMB:KLL:twb wdeentWMA.Ckll CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING THE CITY OF SANTA CLARITA'S ADOPTION OF AN ORDINANCE ESTABLISHING ADMINISTRATIVE PROCEDURES TO IMPOSE CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS, AMENDING TITLE 1 OF THE SANTA CLARITA MUNICIPAL CODE PUBLIC NOTICE IS HEREBY GIVEN: Notice of Public Hearing regarding the City of Santa Clarita's adoption of an ordinance establishing administrative procedures to impose civil fines for municipal code violations, amending Title 1 of the Santa Clarita Municipal Code. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Boulevard, 1st Floor, Santa Clarita, California, the 25th day of February 1997 at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's Office, Santa Clarita City Hall, 23920 Valencia Boulevard, 3rd Floor, Santa Clarita, California. If you wish to challenge this order in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. Dated: January 29, 1997 Sharon L. Dawson, CMC City Clerk Publish Date: February 3, 1997 RMB:KLL:twb .deeN1 dA.n.0 Public Hearing Procedure ♦ Mayor opens public hearing and states purpose of hearing ♦ City Clerk reports on hearing. notice ♦ Staff report is presented ♦ Proponent Argument (30 minutes) ♦ Opponent Argument (30 minutes) ♦ Five - minute rebuttal by the Proponent ♦ Mayor closes the public testimony ♦ Discussion by City Council ♦ Council decision and vote ♦ Mayor announces decision ►II' / F 1 1 \IIJu PUBLIC HEARING DATE: March 11, 1997 SUBJECT: IMPOSING CIVIL .FINES FOR MUNICIPAL CODE VIOLATIONS: CALIFORNIA GOVERNMENT CODE 53069.4. DEPARTMENT: Building and Engineering Services California Government Code 53069.4. The following section of the California Government Code authorizes cities to impose civil fines for municipal code violations: 53069.4. Violation of Ordinance of Local Agency Subject to Administrative Fine or Penalty; Appeal of Order (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amount for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900. (2) The administrative procedure set forth by ordinance adopted by the local agency pursuant to paragraph (1), shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety. (b) (1) Notwithstanding the provisions of.Section 1094.5 or 1094.6 of the Code of Civil Procedure within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the municipal court, where the same shall be heard de novo, except that the IMPOSING CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS - ADDENDUM February 25, 1997 - Page 2 contents of the local agency's file in the case shall be received as evidence. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first class mail upon the local agency by the contestant. (2) The fee for filing the notice of appeal shall be $25. The court shall request that the local agency's file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the $25 fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded in accordance with the judgment of the court. (3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. (c) If no notice of appeal of the local agency's final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed. (d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance. RMB:KLL:twb codeenfMciv!-cAR RESOLUTION 97-14 A RESOLUTION OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING THE CIVIL FINES AND PENALTIES PURSUANT TO TITLE 1, CHAPTER 1.02 OF THE SANTA CLARITA MUNICIPAL CODE WHEREAS, the City has enacted Chapter 1.02 of Title 1 of the Santa Clarita Municipal Code, which allows for the assessment of a civil fine for violations of the Municipal Code; and WHEREAS, Section 1.02. provides that the fines and penalties shall be set by the City Council by resolution; and WHEREAS, the City Council has considered this matter and has determined to set forth the specific fines and penalties for code violations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve as follows: SECTION 1: The civil fines, penalties, and implementing provisions for violations of the Municipal Code pursuant to Chapter 1.02 shall be those as specified in Schedule 1, attached hereto and incorporated herein. SECTION 2: These fines and penalties are subject to the provisions of Chapter 1.02 and shall remain in force until changed by a new resolution of the City Council. SECTION 3: The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this day of 19 MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of ,19_ by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK rY1.iD111801 l FINES AND PENALTIES FOR MUNICIPAL CODE VIOLATIONS 1. Violations of Municipal Code, except Title 18: $50 - First violation. $100 Second violation of the same code provision within one year. $250 - Third and additional violations of the same code provision within one year of the first violation. 2. Violations of Title 18 of the Municipal. Code: $100 - Firstviolation. $200 - Second violation of the same provision within one year. $500 - Third and additional violations of the same provision within one year. 3. Violations of infractions: The fine for violating an infraction under the municipal code shall not exceed the fine imposed for infractions. 4. Late payment penalties: A $50 late payment penalty shall be added to fines not paid within 30 days of their due date. 5. In -lieu community service: At the discretion of the Director of Building and Engineering Services (Director), a person may perform community service in lieu of paying a fine if payment would constitute a hardship. The nature of the community services will be designated by the Director. The amount of service corresponding to the fine shall be at a rate determined by the Director depending upon the nature of the community service, but in no event less than the minimum hourly rate set by the U.S. Department of Labor. For a person to qualify for in -lieu services, he or she must file a request with the Director on a Department form showing his or her. inability to pay the fine without an unreasonable hardship. Such a request must be made before any late penalty is owed. The decision by the Director shall be. final. 6. Collections: Fines that are delinquent for 60 days or more and total at least $250 shall be referred to a collection agency and/or processed through the abatement and/or assessment procedures specified in Chapter 1.02 of the municipal code. KLL:twb mdeenf%r 97.14.av ORDINANCE NO. 97-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING ADMINISTRATIVE PROCEDURES TO IMPOSE CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS, AMENDING TITLE 1 OF THE SANTA CLARITA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Title 1 of the Santa Clarita Municipal Code is hereby amended by adding Chapter 1.02 as follows: CIVIL CITATIONS Sections: 1.02.001 Applicability 1.02.002 Definitions 1.02.003 Civil Citation 1.02.004 Amount of Civil Fines 1.02.005 Payment of Civil Fines 1.02.006 Preliminary Review 1.02.007 Request for Administrative Hearing 1.02.008 Waiver of Fine Deposit 1.02.009 Administrative Hearing Procedure 1.02.010 Administrative Hearing Decision 1.02.011 Right to Judicial Review 1.02.012 Collection of Unpaid Fines SECTION 1. Applicability 1.10 This chapter makes any violation of the provisions of this municipal code subject to civil fine. 1.20 This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code Section 53069.4 and the City's general police power. 1.30 The issuance of a civil citation under this chapter is solely at the City's discretion and is one option the City has to address violations of this municipal code. By adopting this chapter, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the City may select in a particular case. 1.40 The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this municipal code for the protection and benefit of the entire community. 1.50 Notwithstanding any lease, license, or any other instrument or agreement, the owner of any real property has the right to enter upon his or her own property to the extent reasonably necessary to abate any nuisance or correct any violation of this code existing thereon. The provisions of this code subdivision shall be an implied term of any instrument affecting the right to possession of real property located in the City of Santa Clarita. SECTION 2. Definitions The following definitions apply to the use of these terms for the purposes of this chapter: 2.10 Citee - Person given a civil citation charging him or her with a code violation. 2.20 Continuing Violation - Any violation of a municipal code provision pertaining to building, plumbing, electrical, or other similar structural or zoning issues, that does not create an immediate danger to health or safety. 2.30 Department - The Building & Engineering Services Department of the City of Santa Clarita. 2.35 Director - The Director of the Department or his or her designee. 2.40 Enforcement Officer - Any City employee or agent of the City designated by the City Manager to have the authority and responsibility to enforce certain provisions of this code. 2.50 Issued - Issuance of a citation or a Notice of Non -Correction to the Citee occurs on the date when a citation or Notice of Non -Correction is personally served on the Citee, or the date it is mailed to the Citee if not personally served. 2.60 Hearing Officer - Person appointed by the Director to serve as the hearing officer for administrative hearings. 2.70 Responsible Person - (a) Person who causes a municipal code violation to occur, or allows a violation to continue, by his or her action or failure to act; an owner, co -tenant, lessee, or other person with any right to possession of the premises where a violation occurs, except a person with only a limited right to possession pursuant to an easement or real covenant who has not caused the violation; a person whose agent, employee, or independent contractor causes a violation by action or failure to act; the owner, majority stock holder, and general partner of a business enterprise on whose premises a violation exists, and the on-site manager normally working daily at the site who is responsible for the business's activities at such premises; (b) provided, however, that such a person who did not cause the violation and does not have notice of the violation does not become a responsible person until the thirty- first day after the citation is issued if the violation has not been corrected. For purposes of subdivision (b) in this section, either personal service of the citation, the posting of the citation on the premises for 10 days, or the mailing of the citation to the person's address shown on the County's latest equalized property tax assessment rolls or the person's last known address, if different, shall constitute notice of the violation; and there shall be a legal rebuttable presumption that the record owner of a parcel according to such assessment rolls has notice of any code violation existing on the premises. SECTION 3. Civil Citation 3.10 Any City Enforcement Officer, upon determining that a provision of this code which he or she is charged to enforce has been violated, has the authority to issue a civil citation to any responsible person or persons. A citation for a continuing violation may be issued to a person who does not become a responsible person until 30 days from the date the citation is issued. A responsible person to whom a citation is issued shall be liable for and shall pay to the City the fine or fines described in the citation when due pursuant to the provisions of this chapter. 3.20 Notwithstanding Section 3.10, no responsible person for a continuing violation shall be. liable for a civil fine unless the violation continues after the 30 days allowed for its correction as stated on the citation. 3.30 When a 30 -day correction period is allowed pursuant to Section 3.20, the Citee may petition for an extension of that period on a form supplied by the Department, provided that petition is filed before the 30 -day period ends. The Director of the Department may at his or her discretion grant an additional reasonable period of time to correct the violation if the Citee has supplied sufficient evidence showing that the correction cannot reasonably be made within the normal 30 -day period. The Director's decision shall be in writing and is final. The filing for such an extension does not, unless granted, extend the 30 -day correction period or any other time periods set by this chapter. 3.40 If a 30 -day correction period is allowed pursuant to Section 3.20 and the violation has not been corrected by the end of that period, the Citee will be given a Notice of Non -Correction, and additional citations may be issued and fines imposed for every day the violation continues uncorrected from the date the Notice of Non -Correction is issued, and any additional fines will be due on the date any new citation is issued. 3.50 Every person who applies for and receives a permit, license, or any type of land use approval, e.g., subdivision maps, conditional use permits, or variances, shall comply with all conditions imposed upon the issuance of the permit, license, or other approval. Violation of any such condition shall be subject to civil fine under the provisions of this chapter. 3.60 Each day a violation exists shall be a separate violation and will be subject to a separate fine. A citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections. 3.70 Each civil citation shall contain the following information: a. Name of the Citee who is charged as a responsible person for the violation. b. Date or dates on which the violation existed for which a fine is being charged. c. Municipal code section (or sections) violated. d. Address where the violation occurred. e. Description of the nature of the violation. f. Amount of the fine for the violation and how to pay the fine and avoid a late payment penalty. g. Description of notices of violation given, if any. h. Place for indicating Notice of Non -Correction of a continuing violation and date of notice. i. The procedure for requesting a preliminary review and/or administrative hearing on the violation. j. Notice that a 30 -day correction period is allowed pursuant to Subdivision 3.20, if applicable, and when the period ends. k. Notice that the violation is a nuisance and that collection of unpaid fines and/or nuisance abatement costs can be enforced as an assessment or lien against the property where the violation occurs and that unpaid assessments can result in the property being sold after three years by the County Assessor. Assessments and liens for the fine can be contested at an administrative hearing. 1. Name of the Enforcement Officer issuing the citation. in. Dates on which the citation and Notice of Non -Correction, if any, are issued. SECTION 4. Amount of Civil Fines 4.10 The amount of the fines for violating particular provisions of this code shall be set in a schedule of fines adopted by resolution by the City Council. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time. 4.20 The schedule of fines shall specify the amount of late payment penalty owed for any fine not paid when due. A late payment penalty shall be owed for fines.not paid within 30 days of their due date. 4.30 Fines are due on the day the citation is issued, except as follows: (i) fines for continuing violations shall be due on the day after the correction period ends if the violation has not been corrected; (ii) fines in citations issued to Responsible Persons pursuant to Section 2.70 subdivision (b) shall be due on the thirty-first day after the citation is issued if the violation has not been corrected; and (iii) when a fine deposit has been waived pursuant to Section 8.10 and the Hearing Officer upholds the fine, the fine shall be due on the date the decision is given to the Citee at the end of the hearing, or the date the decision is mailed to the Citee, whichever occurs first. SECTION 5. Payment of Civil Fines 5.10 A civil fine shall be paid to the City within 30 days of its due date. 5.20 Payment of a fine shall not excuse the Citee from correcting the violation. Issuing a citation and/or payment of a fine does not bar the City from taking any other enforcement action regarding a violation that is not corrected, including issuing additional civil citations. SECTION 6. Preliminary Review 6.10 A person given a civil citation may request a preliminary review, if the request is received by the Department within 14 days of the date the citation, or notice, if applicable, is issued. To obtain a review, the Citee must file a written request stating the reasons why and any evidence showing no violation occurred, why he or she is not a responsible person for the violation, or how the violation has been corrected. 6.20 The preliminary review shall be conducted by a City employee designated by the Director of the Department. 6.30 The preliminary review shall be completed within three working days from when the request is received and shall consist of a review of the citation and the written statement and any other evidence submitted at the time of the request by the Citee, and any other related information at the discretion of the reviewer. 6.40 The Citee shall be notified of the results of the review within three working days from when the request was received. The notification may be by telephone, facsimile, or in person. The Department shall keep a record of all requests for such reviews, the results of the review, and how the Citee was notified of the results. 6.50 A request for preliminary review does not extend any time periods, including the fine due date, the time any correction period ends, and the time to request an administrative hearing. 6.60 If the conclusion of the review is that no violation occurred, that the Citee was not responsible for the violation, or that the violation has been corrected, the citation shall be canceled. SECTION 7. Request for Administrative Hearing 7.10 Any person receiving a civil citation may contest it by requesting an administrative hearing on a form available from the Department. A Citee may contest the citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the Citee is a responsible person for the violation. 7.20 The request must be received by the Department within 30 days from the date the citation is issued. 7.30 To be effective the request must be accompanied by a deposit of the full amount of the fine, unless waived pursuant to Section 8.10. 7.40 The person requesting the hearing shall be notified of the date, time, and place for the hearing at least 10 days before the hearing, and be given any additional written reports filed concerning the violation that are provided to the Hearing Officer. SECTION 8. Waiver of Fine Deposit 8.10 A person seeking an administrative hearing may request a hardship waiver of the . fine deposit by filing with the Department a completed form provided by the Department which must be signed under penalty of perjury. 8.20 The request must be filed with the Department within 10 days of the date the citation is issued. 8.30 The person requesting the waiver bears the burden of establishing that he or she does not have the financial ability to make the deposit. 8.40 The request will be decided by the Director of the Department within three working days from when the request is received, and the Directors decision is final. 8.50 The Citee shall be notified by telephone, facsimile, or in person of the decision on the request. 8.60 The filing of a request for hardship waiver does not extend the time to file for an administrative hearing and make the fine deposit. SECTION 9. Administrative Hearing Procedure 9.10 No administrative hearing shall be held unless the Citee has first deposited the civil fine with the Department pursuant to Section 7.30, unless waived pursuant to Section 8.10. 9.20 The hearing shall be conducted by a Hearing Officer. 9.30 The Hearing Officer shall set the hearing on a date that is not less than 15 days and not more than 60 days from the date the request is filed with the Department. 9.40 The Citee shall be given the opportunity to testify and to present evidence concerning the violation. 9.50 The civil citation for the violation, any Notice of Non -Correction, and any other reports prepared by the Enforcement Officer or at his or her request concerning the violation or attempted correction contained in the Department file shall be accepted by the Hearing Officer as prima facie evidence of the violation and the facts stated in such documents. 9.60 Neither the Enforcement Officer nor any other representative of the Department or City shall be required to attend the hearing, nor required to submit to the Hearing Officer any evidence other than the citation and any additional reports or documents in the Department file on the violation; however, any such appearance and/or submission may . be made at the discretion of the Enforcement Officer or Department. 9.70 The Hearing Officer may continue the hearing at the request of the Citee or the Department. 9.80 The hearing shall be conducted informally and the legal rules of evidence need not be followed. 9.90 The failure of the Citee to appear at the hearing shall constitute an abandonment of the contest and a failure to exhaust administrative remedies concerning the violation. 9.95 The Department shall notify the Hearing Officer of all deposits made and waivers granted. SECTION 10. Administrative Hearing Decision 10.10 After considering all evidence and testimony submitted at the hearing, the Hearing Officer shall issue a written decision to uphold the citation or cancel it, giving a brief statement of the reasons for the decision. The decision of the Hearing Officer shall be final. 10.20 The decision shall, at the Hearing Officer's discretion, either be given to the Citee at the end of the hearing or mailed to the Citee within 21 days of the hearing. A copy of the decision shall be given to the Department. 10.30 If the decision is to uphold the citation, the City shall keep the fine deposited. If the decision is to cancel the citation, then the City shall refund to the Citee within 30 days of the decision the amount of the fine. If the citation is upheld and the fine deposit has been waived, it shall be due on the date the decision is given to the Citee at the end of the hearing by the Hearing Officer or the date the decision is mailed to the Citee, whichever occurs first. 10.40 The Hearing Officer's continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the amount of citations upheld by the Officer. SECTION 11. Richt to Judicial Revie 11.10 The Citee may seek judicial review of the administrative hearing decision by filing an appeal with the municipal court within 20 calendar days after the Citee receives the decision at the conclusion of the hearing, or if the decision is not made at the end of the hearing, within 20 days after the date the decision is served on him or her in accordance with the provisions of California Government Code Section 53069.4. SECTION 12. Collection of Unpaid Fines 12.10 The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and penalties owed by a person under this chapter have been collected. 12.20 Any violation of this code shall constitute a nuisance. To compel code compliance, the City may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where the violation occurred. Any unpaid delinquent civil fines and penalties may be recovered as part of any such lien or special assessment against the property of the responsible person where the violation occurred pursuant to Government Code Sections 38773.1 and 38773.5. 12.25 To pursue an abatement of a code violation as a nuisance and recover the costs, including any delinquent civil fines and penalties, as an abatement lien, the Director of the Department may at his or her discretion request the County Recorder to record notice of the lien and take any other necessary action to enforce collection of this lien. 12.30 To pursue an abatement of a code violation as a nuisance and recover the costs, including any delinquent civil fines and penalties, as a special assessment, the Director of the Department may at his or her discretion send to the County Tax Collector a notice of the abatement costs and/or delinquent fines and penalties, requesting that these sums be collected as an assessment against the responsible person's property where the violation occurred. The Director may also take any other steps necessary to enforce collection of this assessment, including the recording of a Notice of Assessment against the property involved. The assessment shall be imposed on the date the citation for the code violation is issued to the responsible person and becomes effective upon the recording of a Notice of Assessment by the County Recorder. 12.40 The Director of the Department may utilize the procedures of Section 12 herein to collect delinquent civil fines and penalties by means of an abatement lien and/or special assessment provided the amount of the delinquent fines and penalties totals $250 or more and has been delinquent for 60 days or more. The Director may pursue these remedies whether or not the City is pursuing any other action to terminate an ongoing code violation that was the basis for the fine. 12.50 All citations shall contain a notice that unpaid fines and penalties are subject to the assessment and lien collection procedures of this section. 12.60 A Citee may contest the amount and/or validity of any lien or assessment for a civil fine at any administrative hearing he or she requests concerning the violation. Pursuit of such an objection by a Responsible Person is necessary to exhaust the administrative remedies concerning alegal challenge to the validity of any such lien or assessment. PASSED AND APPROVED this day of 19_ MAYOR 0--0109 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 97-2 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19 by the following vote; to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK KLL:twb ,.d.enfimd97.2.6, Name of Citee: Location of Violation: Code Section(s) Violated: Citation Issued by: ❑ Servicing Personally ❑ Posting Property ❑ Mailing Document CIVIL CITATION Notice of Municipal Code Violation City of Santa Clarita Date Citation Issued: Description of Violation: Date(s) Violation Existed: ❑ Notice of Non -Correction of Continuing Violation. Date Issued: Amount of Fine: THE LAW REQUIRES YOU TO TAKE THE FOLLOWING STEPS TO EITHER: (1) comply with this citation, or (2) contest the violation charged. (1) TO COMPLY: a. Pay the fine within 30 days, or be subject to a late penalty, unless the box below is checked. b. ❑ If this box is checked, you were cited as a potentially responsible person of a continuing municipal code violation. You have 30 days to correct the violation to avoid paying the fine. Your 30 -day correction period ends on If correction is not completed within the 30 -day correction period, the fine is due and payable on the thirty-first day. You may be cited for additional violations for each day the violation exists after the end of the 30 -day correction period. You may file a request with the Department of Building and Engineering Services (Department) for an extension of this 30 -day period. Requests may be granted in unusual circumstances where fully justified. C. Payment of the fine should be made to the City of Santa Clarita. 2) TO CONTEST: a. Preliminary Hearing - You may request a preliminary review by City staff by filing a written request. (For filing instructions contact the Code Enforcement Section at (805) 286-4076.) This request must be received by the Department within 14 days of the date this citation, or Notice of Non -Correction, if applicable, is issued. You will be notified of the result of the review within three working days of your request. IMPORTANT: Requesting a preliminary review does NOT extend the 30 days you have to correct the violation in order to avoid paying the fine, nor the 30 days you have to request an administrative hearing. b. Administrative Hearing -You may request an administrative hearing to argue that the municipal code section referred to above was not violated, was corrected within the correction period, or that you are not a responsible person for the violation. You must fill out an Administrative Hearing Request form and file it with the Department within 30 days of the date of this citation, or the date that the Notice of Non -Correction, if applicable, is issued. IMPORTANT: You must also DEPOSIT THE AMOUNT OF THE FINE with the Department when you file your request for a hearing. You may file with the Department a request for waiver of the deposit by proving inability to pay. You will be notified of the time, date, and place of your hearing when you file your request for a hearing. You will be told the results of the hearing when it is over, or later by mail. If you convince the Hearing Officer that you did not commit the code violation, corrected it in time, or are not a responsible person for the violation, the fine deposit will be promptly returned to you. If the decision is that there was a code violation, the fine will be kept by the City, and if the violation is not corrected, you may be cited for additional violations. C. If the hearing decision is that you owe the fine for the municipal code violation and you are not satisfied, you may file an appeal with the municipal court within 20 days of being notified of the hearing results. The appeal requires a $25 filing fee be paid to the court. IMPORTANT NOTICE: The violation of the Santa Clarita Municipal Code Section charged in this citation constitutes a nuisance. Unpaid fines and other costs of abatement may be collected by the City by an assessment and/or lien against your property pursuant to Government Code Sections 38773.1 and 38773.5 and Santa Clarita Municipal Code Chapter 1.02, Section 12. Unpaid assessments can result in the property being sold after three years by the County Tax Collector. Assessments and liens for the fine can be contested at an administrative hearing on the violation, which you may request. A full description of the procedure for the City's administrative hearings for municipal code violations and your rights in that process are found in Santa Clarita Municipal Code Chapter 1.02, Sections 6 through 10. For further information about this civil citation you may call the City's Code Enforcement Section at (805) 286-4076. I acknowledge having received a copy of this citation. (Signature of person if personally cited) (Code Enforcement Officer issuing citation) KLL:twb codeenf\eMatfrm