HomeMy WebLinkAbout2004-08-24 - ORDINANCES - MUNICODE VIOLATIONS FINES (2)ORDINANCE NO. 04-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA REPEALING SANTA CLARITA MUNICIPAL CODE
CHAPTER 1.02 AND ADDING A NEW CHAPTER 23.20 TO TITLE 23 OF THE
SANTA CLARITA MUNICIPAL CODE ESTABLISHING AN
ADMINISTRATIVE CITATION PROCEDURE TO IMPOSE
ADMINISTRATIVE FINES FOR VIOLATIONS OF THE
SANTA CLARITA MUNICIPAL CODE
THE COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 1.02 of the Santa Clarita Municipal Code ("SCMC") is repealed.
SECTION 2. A new Chapter 23.20, entitled "Administrative Citations" and containing
§§ 23.20.010 to 23.20.270, is added to Title 23 of the SCMC to read as follows:
CHAPTER 23.20
ADMINISTRATIVE CITATIONS
23.20.010 PURPOSE.
23.20.020 APPLICABILITY.
23.20.030 DEFINITIONS.
23.20.040 NOTICES.
23.20.050 ADMINISTRATIVE CITATIONS.
23.20.060 AMOUNT OF ADMINISTRATIVE FINES.
23.20.070 PAYMENT OF ADMINISTRATIVE FINES.
23.20.080 DELINQUENT ADMINISTRATIVE FINES - PENALTIES AND INTEREST.
23.20.090 ISSUANCE OF PERMITS.
23.20.100 COMPLIANCE ORDERS.
23.20.110 CORRECTION OF VIOLATION.
23.20.120 INITIAL ADMINISTRATIVE REVIEW - REQUEST.
23.20.130 INITIAL ADMINISTRATIVE REVIEW - PROCEDURE.
23.20.140 INITIAL ADMINISTRATIVE REVIEW — DECISION.
23.20.150 REQUEST FOR ADMINISTRATIVE HEARING.
23.20.160 ADVANCE DEPOSIT -HARDSHIP WAIVER.
23.20.170 HEARING OFFICER.
23.20.180 HEARING DATE.
23.20.190 CONDUCT OF HEARINGS.
23.20.200 HEARING OFFICER'S DECISION.
23.20.210 DISPOSITION OF ADMINISTRATIVE FINES.
23.20.220 RIGHT TO JUDICIAL REVIEW.
23.20.230 RECOVERY OF ADMINISTRATIVE CITATION FINES AND COSTS.
23.20.240 LIEN PROCEDURE
23.20.250 RECORDING A LIEN.
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Page 2
23.20.260 ADMINISTRATIVE FEE.
23.20.270 SATISFACTION OF LIEN.
ARTICLE 1 — GENERAL PROVISIONS
23.20.010 PURPOSE.
This chapter is adopted pursuant to the City's police powers and Government Code
§ 53069.4 for the purpose of making any violation of the Santa Clarita Municipal Code
subject to an administrative fine and to set forth the procedures for the imposition and
collection of such fines.
23.20.020 APPLICABILITY.
This chapter provides for administrative citations that are in addition to all other legal
remedies, criminal or civil, which the City may pursue to address any violation of this
code. The use of this chapter is at the sole discretion of the city officer or employee
enforcing this code.
23.20.030 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this chapter.
n
B.
C.
D.
23.20.040
"Citee" means the person(s) to whom a Code Enforcement Officer issued an
administrative citation pursuant to this chapter.
"City Manager" means the City Manager, or designee.
"Code Enforcement Officer" means any City employee or agent with the
authority to enforce any provision of this code.
"Department Manager" means the Department Director or designee for the
department responsible for issuing a citation pursuant to this chapter.
NOTICES.
Unless otherwise provided, all notices and citations required by this chapter must be
served on citee via personal service or first-class mail, postage prepaid, to citee's last
known address. Service is effective when personally served or when deposited into the
United States mail. The individual serving a citee with notice must complete a
declaration of service. Failure to receive any notice does not affect the validity of the
proceedings conducted under this chapter.
ARTICLE 2 — ADMINISTRATIVE CITATIONS
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Page 3
23.20.050 ADMINISTRATIVE CITATIONS.
A. Issuing an administrative citation pursuant to this chapter is in lieu of any criminal
citation that could have been issued for the same violation. The issuance of the
administrative citation does not, however, prevent the issuance of a criminal
citation for a subsequent violation of the same nature.
B. Contents of administrative citation. Each administrative citation must contain the
following information:
1. The date of the violation;
2. The address or a definite description of the geographic location where the
violation occurred or is occurring;
3. The section of this code that was violated;
4. A description of the conditions causing the code violation;
5. The amount of the administrative fine for the code violation;
6. A description of the fine payment process, including a description of the
time within which, and the place where, the fine must be paid;
7. An order prohibiting the continued or repeated occurrence of the code
violation described in the administrative citation;
8. Notification that payment of a fine under this chapter does not excuse or
discharge any continued or repeated occurrence of the code violation that
is the subject of the administrative citation;
9. A description of the administrative citation review process, including the
time within which the administrative citation may be contested and the
manner in which a request for review of the citation may be requested; and
10. The name of the citing Code Enforcement Officer.
C. Service and Filing of administrative citations. The Code Enforcement Officer
must serve the original citation on the person cited in the manner set forth in this
chapter and forward a copy of the administrative citation to the Department
Manager.
23.20.060 AMOUNT OF ADMINISTRATIVE FINES.
The amounts of the administrative fines imposed for code violations under this chapter
are established by City Council resolution. That resolution must also set forth any
increased fines for repeat violations of the same code provision by the same person
within twelve (12) months from the date of a previous administrative citation.
Ordinance No. 04-8
Page 4
23.20.070 PAYMENT OF ADMINISTRATIVE FINES.
An administrative fine must be paid to the City within thirty (30) days from the date of
the administrative citation or, if a request for an initial administrative review is submitted
and the review held, then within fifteen (15) days after the date of the notice of the
conclusions of that initial administrative review, whichever is later.
23.20.080 DELINQUENT ADMINISTRATIVE FINES - PENALTIES AND INTEREST.
A. A penalty of ten percent (10%) is added on any delinquent fines on the last day of
each month after the due date. The penalty will not exceed fifty percent (50%) of
the fine.
B. In addition to penalties provided by this Section, delinquent fines accrue interest
at the rate of one percent (1%) per month compounded monthly, exclusive of
penalties, from the due date.
23.20.090 ISUANCE OF PERMITS.
Should a Code Enforcement Officer issue a citation because the citee lacks a required
permit and the fine is delinquent, the City will not issue a permit until the delinquent fine,
and any applicable penalties and interest, is paid.
23.20.100 COMPLIANCE ORDERS.
Before issuing an administrative citation for any violation of building, plumbing,
electrical, mechanical, or similar regulation set forth in this code or incorporated by
reference, or any violation of Title 15 of this code, the Code Enforcement Officer must
first issue a written compliance order to the person(s) responsible for the violation unless
the violation constitutes an immediate threat to public health or safety. The compliance
order must contain all of the following:
A. The date on which, and geographic location where, the violation was observed;
B. The section number of this code violated;
C. A description of the conditions causing the code violation;
D. Actions required to correct the violation;
E. A reasonable time period for the correction of the violation;
F. Notice that if the violation is not corrected by the date specified in the compliance
order, that an administrative citation may be issued and administrative fines
imposed for failure to correct violations by the date specified.
Ordinance No. 04-8
Page 5
23.20.110 CORRECTION OF VIOLATION.
No further action is required if the Code Enforcement Officer determines that all
violations in the compliance order were cured. If the Code Enforcement Officer
determines that all violations were not corrected within the time specified, an
administrative citation may be issued to each person named in the compliance order as a
responsible person.
ARTICLE 3 - ADMINISTRATIVE REVIEW AND HEARINGS
23.20.120 INITIAL ADMINISTRATIVE REVIEW - REQUEST.
Citees may request an initial administrative review of the citation within twenty (20) days
of its issuance. This request must be made in writing to the Department Manager and set
forth with particularity the reasons the citee believes a violation did not occur or that the
citee was not responsible for the violation(s); must include a copy of the citation; and
contain the address to which the conclusions of the city's review should be mailed. A
request for an initial administrative review is a mandatory prerequisite to a request for an
administrative hearing.
23.20.130 INITIAL ADMINISTRATIVE REVIEW - PROCEDURE.
The Department Manager will forward initial administrative review requests to the
Department Director supervising the Code Enforcement Officer who issued the
administrative citation.
23.20.140 INITIAL ADMINISTRATIVE REVIEW — DECISION.
A. Upon receiving these requests from the Department Manager, the reviewing
officer will review the requests and provide the clerk with a written notification
that:
1. The citation should be vacated because there was no violation, or the citee
was not responsible for the violation, and setting forth the basis for that
conclusion;
2. There is no justification found for vacating the citation.
B. The City Manager should mail a copy of the notification to the citee at the address
on the request for initial administrative review along with notice establishing the
fine due date and the procedure for requesting an administrative hearing.
C. The reviewing officer should complete his/her review within ten (10) days of
receiving the citee's request.
ARTICLE 4 — ADMINISTRATIVE HEARING PROCEDURES
Ordinance No. 04-8
Page 6
23.20.150 REQUEST FOR ADMINISTRATIVE HEARING.
Any citee dissatisfied with the conclusions of an initial administrative review may contest
that citation by requesting an administrative hearing. A citee must request an
administrative hearing within fifteen (15) days after the date the City served the citee
with notice of the administrative review decision. Requests must be submitted to the City
Manager and be accompanied by an advance deposit of the fine or a request for a
hardship waiver.
23.20.160 ADVANCE DEPOSIT -HARDSHIP WAIVER.
A. Citees financially unable to make an advance deposit of the administrative fine
may file for a hardship waiver. The request for a hardship waiver must be filed
with the Department Manager on a form containing information that may be
required by the Department Manager. The Department Manager will review the
request and determine whether a waiver is justified. A waiver may only be
approved if the request for waiver is accompanied by a swom affidavit, together
with any supporting documents or materials, demonstrating that the citee's actual
financial inability to deposit the full amount of the fine.
B. The Department Manager will inform the citee in writing regarding whether the
Department Manager approved the waiver. This determination must be served
upon the citee by mail at the address provided in the waiver application. The
Department Manager's determination is final.
C. Should the Department Manager determine that a waiver is unjustified, the citee
must deposit the fine amount with the City not later than ten (10) days after the
date of that decision. Failure to make a deposit within ten (10) days after waiver
denial is deemed a waiver of the citee's right to an administrative hearing and the
administrative fine will be deemed delinquent.
23.20.170 HEARING OFFICER.
The City Manager designates the hearing officer for the administrative citation hearing.
23.20.180 HEARING DATE.
After receiving a timely hearing request and deposit, or waiver, of the fine amount, the
City Manager sets an administrative hearing on a date not less than fifteen (15) nor more
than sixty (60) days from the date the hearing is requested. Written notice of the date,
time and location of the administrative hearing must be provided to the citee at least
fifteen (15) days before the hearing date.
23.20.190 CONDUCT OF HEARINGS.
A. Evidentiary Rules. The administrative citation is prima facie evidence of the
respective facts contained in the citation. Both the citee and Code Enforcement
Officer have the opportunity to testify and present additional evidence concerning
Ordinance No. 04-8
Page 7
the administrative citation. Evidence may include, without limitation, witness
testimony, documents, or other similar evidence. Evidence sought to be
introduced is not limited to any legal rules of evidence except for the rule that it
must be relevant and material to the issues of whether the violation alleged in the
citation occurred and whether the citee was responsible for the violation.
B. Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an
administrative hearing, the citee may request that the hearing officer decide the
matter based on the citation itself and any other documentary evidence submitted
by the citee or Code Enforcement Officer before the hearing date.
C. Failure to Appear at Hearing. Failure of a citee to appear at the hearing is deemed
a waiver of the right to be personally present at the hearing. The hearing officer
must then decide the matter based upon the citation itself, any documentary
evidence previously submitted, and any additional evidence that may be presented
at the hearing by the Code Enforcement Officer.
D. Attendance of Code Enforcement Officer. The Code Enforcement Officer who
issued the administrative citation may, but is not required to, attend the
administrative hearing. If the Code Enforcement Officer does not attend, the
Code Enforcement Officer may, before the hearing date, submit reports, photos or
other documentation regarding the violation to the hearing officer for
consideration at the hearing.
E. Continuation of Hearings. The hearing officer may continue any hearing and
request additional information from the Code Enforcement Officer or citee before
issuing a written decision.
23.20.200 HEARING OFFICER'S DECISION.
A. The hearing officer must issue a written decision to uphold or set aside the
administrative citation and present the reasons for that decision.
B. The Department Manager must send a copy of the hearing officer's decision to
the citee with notice of the citee's right to appeal the decision in Superior Court.
C. The hearing officer's decision is the City's final action on the matter. There is no
right to an appeal other than as provided in this chapter. The hearing officer's
decision is final as of the date of the decision.
23.20.210 DISPOSITION OF ADMINISTRATIVE FINES
A. Should the hearing officer uphold the administrative citation, then the City can
retain the deposited fine amount.
B. Should the hearing officer vacate the administrative citation, the City must
promptly refund the amount of the deposited fine, if any.
Ordinance No. 04-8
Page 8
C. Should the hearing officer uphold the administrative citation and a hardship
waiver was previously granted, the due date for paying the administrative fine
will be thirty (30) days from the date of the notice of the hearing officer's
decision.
D. The City may use all legal means to collect any past due fines, including penalties
and interest, should a citee fail to pay in a timely manner.
23.20.220 RIGHT TO JUDICIAL REVIEW.
A. A citee may appeal the hearing officer's decision by filing an appeal with the
Superior Court pursuant to Government Code § 53069.4, or any successor statute,
within twenty (20) days from service of the hearing officer's decision.
B. Should the citee file a timely appeal with the Superior Court, the requirement to
pay the fine is suspended and the payment of the fine, if any, will be in
accordance with the Superior Court decision.
ARTICLE 5 — COLLECTION AND LIEN PROCEDURES
23.20.230 RECOVERY OF ADMINISTRATIVE CITATION FINES AND COSTS.
In addition to any other legal remedy, the City may place a lien on property owned by the
citee in an amount equal to the sum of the fines delinquent for more than (90) days, plus
penalties and interest. Imposition of a lien must stem from a citation for the condition or
use of real property, or its improvements that is owned by the citee.
23.20.240 LIEN PROCEDURE
A. The City Manager may initiate proceedings to record a lien conforming with this
article if the decision is not appealed.
B. Before recording the lien, Department Manager must submit a report to the City
Manager, or designee stating the amounts due and owing.
C. The Department Manager then contacts the City Clerk and fixes a time, date, and
place for the City Council to consider the report and any protests or objections to
it.
D. The Department Manager must serve the citee with a hearing notice not less than
ten (10) days before the hearing date. The notice must set forth the amount of the
delinquent administrative fine, and any penalties and interest that is due. Notice
must be delivered first-class mail, postage prepaid, addressed to each citee's
address as it appears on the last equalized assessment roll or supplemental roll of
the County of Los Angeles, whichever is more current. Service by mail is
effective on the date of mailing and failure of citee to actually receive notice does
not affect its validity.
Ordinance No. 04-8
Page 9
E. At the conclusion of the hearing, the city council will adopt a resolution
confirming, discharging, or modifying the lien amount.
23.20.250 RECORDING A LIEN.
Within thirty (30) days following the City Council's adoption of a resolution imposing a
lien, the Department Manager will file same as a judgment lien in the Los Angeles
County Recorder's Office.
23.20.260 ADMINISTRATIVE FEE.
Each citee against whose property an assessment is levied pursuant TO this chapter will
also be assessed an administrative fee in an amount established by City Council
resolution based on the costs incurred in levying the assessment. The administrative fee
will be included in the lien amount approved by the City Council and recorded against
the citee's property.
23.20.270 SATISFACTION OF LIEN.
Once the City receives full payment for outstanding principal, penalties, and costs, the
Department Manager will either record a notice of satisfaction or provide the citee with a
notice of satisfaction for recordation at the Los Angeles County Recorder's Office. This
notice of satisfaction will cancel the City's lien."
SECTION 3. Repeal or amendment of any provision of the SCMC will not affect any
penalty, forfeiture, or liability incurred before, or precludes prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such repealed
part will remain in full force and effect for sustaining action or prosecuting violations occurring
before the effective date of this Ordinance.
SECTION 4. If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 5. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the city of Santa Clarita's book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 6. This Ordinance will become effective thirty (30) days following its
passage and adoption.
Ordinance No. 04-8
Page 10
PASSED, APPROVED AND ADOPTED this 24`h day of August, 2004.
ATTEST:
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CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARTTA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 04-8 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 13`h day of July, 2004. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 24'h day
of August, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: McLean, Weste, Ferry, Smyth, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARTTA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 04-8, adopted by the City Council of the City of
Santa Clarita, CA on August 24, 2004, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_.
Sharon L. Dawson, CMC
"— City Clerk
Rv
Susan Coffman
Deputy City Clerk
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