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HomeMy WebLinkAbout1997-03-25 - ORDINANCES - IMPOSE CIVIL FINES (2)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: CHAPTER 1.02 CIVIL CITATIONS 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 1.10 This chapter makes any violation of the provisions of thismur�icipal 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. The following definitions apply to the use of these terms for the purposes of this chapter: 2.10 Cites - 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 Cites occurs on the date when a citation or Notice of Non -Correction is personally served on the Cites, or the date it is mailed to the Cites 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- L 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. 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 Cites 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 Cites 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. m. 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 Cites at the end of the hearing, or the date the decision is mailed to the Cites, 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 Cites 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. 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 Cites 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 Cites, and any other related information at the discretion of the reviewer. 6.40 The Cites 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 Cites 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. 7.10 Any person receiving a civil citation may contest it by requesting an administrative hearing on a form available from the Department. A Cites 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 Cites 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 Deyoait 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 Director's decision is final. 8.50 The Cites 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 Cites 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 Cites 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. 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 Cites 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 Cites at the end of the hearing by the Hearing Officer or the date the decision is mailed to the Cites, 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. Right to Judicial Review 11.10 The Cites may seek judicial review of the administrative hearing decision by filing an appeal with the municipal court within 20 calendar days after the Cites 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 a legal challenge to the validity of any such lien or assessment. PASSED AND APPROVED this 25th day of March , 19 97 . 1 ATTEST: X 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 17.th day of Marrh 19_27—. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 25th day of rl2r'=h 19,-97 by the following vote, to wit: AYES: NOES: ABSENT: KLL:twb wdwnf\wd97-2.a. COUNCILMEMBERS ' K'.ajic, Boyer, Darcy, Heidt, Smyth COUNCILMEMBERS ' None COUNCILMEMBERS = None J"'� CITY CLERK