Loading...
HomeMy WebLinkAbout2056 ORDINANCE NO. 2056 AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A CHAPTER 4A AND CHAPTER4B TO ARTICLE I TO PROVIDE FOR MUNICIPAL CODE ENFORCEMENT BY ADMINISTRATIVE CITATIONS AND ADMINISTRATIVE REMEDIES THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION I. That the Arcadia Municipal Code is hereby amended by adding a new Chapter 4A to Article I to read as follows: CHAPTER4A ADMINISTRATIVE CIT A TI ONS 1420. APPLICABILITY. (A) This Chapter provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code. (B) The administrative citations process set forth in this Chapter does not apply to continuing violations of this Code that pertain to building, plumbing, electrical, or other similar structural or zoning issues. (C) Use of this Chapter shall be at the sole discretion of the City, subject to Section 1420(B). I 2056 1421. ENFORCEMENT OFFICER - DEFINED. For purposes of this Chapter, "enforcement officer" shall mean any City employee or agent of the City with the authority to enforce any provision of this Code. 1422. ADMINISTRATIVE CITATION. (A) Whenever an enforcement officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation. (B) Each administrative citation shall contain the following information: I. The date ofthe violation; 2. The address or a definite description of the location where the violation occurred; 3. The section of this Code violated and a description of the violation; 4. The amount of the fine for the code violation; 5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid; 6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation; 2 2056 7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and 8. The name and signature of the citing enforcement officer. 1423. AMOUNT OF FINES. (A) The amounts of the fines for code violations imposed pursuant to this Chapter shall be set forth in the schedule of fines established by resolution of the City Council. (B) The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person within thirty-six (36) months from the date of an administrative citation. (C) The schedule of fines shall specifY the amount of any late payment charges imposed for the payment of a fine after its due date. 1424. PAYMENT OF FINES. (A) The fine shall be paid to the City within thirty (30) days from the date of the administrative citation. (B) Any administrative citation fine paid pursuant to subsection (A) shall be refunded in accordance with Section 1429 ifit is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation, 3 2056 (C) Payment of a fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. 1425. HEARING REQUEST. (A) Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for hearing form and returning it to the City within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1426. (B) 'A request for hearing form may be obtained from the department specified on the administrative citation. (C) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. (D) If the enforcement officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five (5) days prior to the date of the hearing. 4 2056 1426. ADVANCE DEPOSIT HARDSHIP WAIVER. (A) Any person who intends to request a hearing to contest that there was a violation of the Code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in Section l425(A) may file a request for an advance deposit hardship waiver. (B) The request shall be filed with the Administrative Services Department on an advance deposit hardship waiver application form, available from the Administrative Services Department within ten (10) days of the date of the administrative citation. (C) The requirement of depositing the full amount of the fines as described in ' Section l425(A) shall be stayed unless or until the Administrative Services Director makes a determination not to issue the advance deposit hardship waiver. (D) The Administrative Services Director may waive the requirement of an advance deposit as set forth in Section l425(A) and issue the advance deposit hardship waiver only if the cited party submits to the Administrative Services Director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Administrative Services Director the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing. 5 2056 (E) If the Administrative Services Director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within ten (10) days of the date of that decision or thirty (30) days from the date of the administrative citation, whichever is later. (F) The Administrative Services Director shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the Administrative Services Director shall be final. (G) The written determination of the Administrative Services Director shall be served upon the person who applied for the advance deposit hardship waiver. 1427. HEARING OFFICER. The Hearing Officer shall be those persons currently designated as Parking Hearing officials for the City of Arcadia or may be other persons as the City Manager shall designate as Hearing Officer for the administrative citation hearing. 1428 HEARING PROCEDURE. (A) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section 1425 or an advance deposit hardship waiver has been issued in accordance with Section 1426. (B) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this Chapter. 6 2056 (C) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. (D) The failure to any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture ofthe fine and a failure to exhaust their administrative remedies. (E) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. (F) The Hearing Officer may continue the hearing and request additional infonnation from the enforcement officer or the recipient of the administrative citation prior to issue a written decision. 1429. HEARlNG 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 uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final. (B) If the Hearing Officer detennines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. 7 2056 (C) If the Hearing Officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set forth in the decision a payment schedule for the fine. (D) If the Hearing Officer determines that the administrative citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the City's portfolio for the period of time that the fine amount was held by the City. (E) The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision. (F) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. 1430. LATE PAYMENT CHARGES. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines. 1431. RECOVERY OF ADMINISTRATIVE CITATION FINES AND COSTS. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means, The City also may recover its collection costs pursuant to Section 1425. 8 2056 1432. RIGHT TO IUDI CIAL REVIEW. Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Santa Anita Municipal Court in accordance with the time lines and provisions set forth in California Government Code Section 53069.4. 1433. NOTICES. (A) The administrative citation and all notices required to be given by this Chapter shall be served on the responsible party in accordance with the following: Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. (B) Failure to receive any notice specified in this Chapter does not affect the validity of proceedings conducted hereunder. 9 2056 SECTION 2. That the Arcadia Municipal Code is hereby amended by adding a new Chapter 4B to Article I to read as follows: CHAPTER4B ADMINISTRATIVE REMEDIES 1440. APPLICABILITY. (A) This Chapter provides for administrative remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code. (B) Use of this Chapter shall be at the sole discretion of the City. 1441. DIRECTOR - DEFINED. For purposes of this Chapter, "Director" means the head of any City department which is charged with responsibility for enforcement of any provision of this Code. 1442. HEARING OFFICER - DEFINED. For purposes of this Chapter, Hearing Officer shall be a neutral person as designated by the City Manager and City Attorney. 1443. COMPLIANCE ORDER. (A) Whenever the Director determines that a violation of any provision of this Code within the Director's responsibility is occurring or exists, the Director may issue a written compliance order to any person responsible for the violation. (B) A compliance order issued pursuant to this Chapter shall contain the following infonnation: 10 2056 I. The date and location of the violation; 2. The section of this Code violation and a description of the violation; 3. The actions required to correct the violation; 4. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved. 5. Either a copy of this Chapter or an explanation of the consequences of noncompliance with this Chapter and a description of the hearing procedure and appeal process. 1444. METHOD OF SERVICE. (A) All notices required by this Chapter shall be served as provided in Section 1433 of this Code. (B) Where real property is involved, \witten notice shall be mailed to the property owner at the address shown on the last equalized County assessment roll. (C) Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order shall be conspicuously posted at the property which is the subject of the order. (D) The failure of any person to receive any notice required under this Chapter shall not affect the validity of any proceedings taken under this Chapter. 11 2056 1445. HEARING. (A) If the Director determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken. (B) Iffull compliance is not achieved within the time specified in the compliance order, the Director shall set a hearing before the Hearing Officer. (C) The Director shall cause a written notice of hearing to be served on the violator and, where real property is involved, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized County assessment roll available on the date the notice is prepared. 1446. NOTICE OF HEARING. (A) Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the Hearing Officer. (B) Each hearing shall be set for a date not less than fifteen (15) days and not more than sixty (60) days from the date ofthe notice of hearing unless the Director determines that the matter is urgent or that good cause exists for an extension of time. (C) This hearing serves to provide the full opportunity of a person subject to a compliance order to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any person subject to a compliance order, pursuant to this Chapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies. 12 2056 1447. HEARING - FINDINGS AND ORDER. (A) At the place and time set forth in the notice of hearing, the Director shall conduct a hearing on the compliance order issued pursuant to Section 1443. (B) The Hearing Officer shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance by the violator or by the real property owner. (C) Within a reasonable time following the conclusion ofthe hearing, the Hearing Officer shall make findings and issue its determination regarding: 1. The existence of the violation; 2. The failure of the violator or owner to take required corrective action within the required time period. (D) The Hearing Officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing. (E) If the Hearing Officer finds a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the Hearing Officer shall issue an administrative order. (F) If the Hearing Officer fmds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the Hearing Officer shall issue a finding of those facts. I3 2056 1448. ADMINISTRATIVE ORDER. If the Hearing Officer determines that a violation occurred which was not corrected within the time period specified in the compliance order, the Hearing Officer shall issue an administrative order described in Section 1447 which imposes any or all of the following: (A) An order to correct, including a schedule for correction where appropriate; (B) Administrative penalties as provided in Section 1449; (C) Administrative costs as provided in Section 1450. 1449. ADMINISTRATIVE PENALTIES. (A) The Hearing Officer may impose administrative penalties for the violation of any provision of this Code in an amount not to exceed a maximum of Two Thousand Five Hundred ($2,500) per day for each on-going violation, except that the total administrative penalty shall not exceed One Hundred Thousand Dollars ($100,000) exclusive of administrative costs, interest and restitution for compliance reinspections, for any related series of violations. (B) In determining the amount of the administrative penalty, the Hearing Officer may take any or all of the following factors into consideration: 1. The duration of the violation; 2. The frequency, recurrence and number of violations, related or unrelated, by the same violator; 3. The seriousness of the violation; 14 2056 4. The good faith efforts of the violator to come into compliance; 5. The economic impact of the penalty on the violator; 6. The impact of the violation on the community; 7. Such other factors as justice may require. (C) Administrative penalties imposed by the Hearing Officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation'is corrected as determined by the Director or the Hearing Officer. (D) The Hearing Officer, it is discretion, may suspend the imposition of applicable penalties for any period of time during which: I. The violator has filed for necessary permits; and 2. Such permits are required to achieve compliance; and 3. Such permit applications are actively pending before this City, State or other appropriate governmental agency. (E) Administrative penalties assessed by the Hearing Officer shall be due by the date specified in the administrative order. (F) Administrative penalties assessed by the Hearing Officer are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien against the real property on which the violation occurred. 15 2056 (0) If the violation is not corrected as specified in the Hearing Officer's order to correct, administrative penalties shall constitute to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in Section l449(A) above. (H) If the violator gives written notice to the Director that the violation has been corrected and if the Director finds that compliance has been achieved, the Director shall deem the date the written notice was postmarked or personally delivered to the Director or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the Director, the violation will be deemed corrected on the date of the final inspection. 1450. ADMINISTRATIVE COSTS, (A) The Hearing Officer shall assess administrative costs against the violator when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order. (B) The administrative costs may include any and all costs incurred by the City in connection with the matter before the Hearing Officer including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for all reinspections necessary to enforce the compliance order. 1451. FAILURE TO COMPLY WITH ADMINISTRATIVE COMPLIANCE ORDER. Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the Hearing Officer may be enforced as: 16 2056 1. A personal obligation of the violator; and/or 2. If the violation is in connection with real property, a lien upon the real property. The lien shall remain in effect until all ofthe administrative penalties, interest and administrative costs are paid in full. 1452. RIGHT OF JUDICIAL REVIEW. Any person aggrieved by an administrative order ofthe Hearing Officer may obtain review of the administrative order in the Superior Court by filing with the court a petition for writ of mandate pursuant to Section 1610 of the Arcadia Municipal Code. 1453. RECOVERY OF ADMINISTRATIVE CIVIL PENALTIES. The City may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to Section 1456. 1454. REPORT OF COMPLIANCE AFTER ADMINISTRATIVE ORDER. Ifthe Director determines that compliance has been achieved after a compliance order has been sustained by the Hearing Officer, the Director shall file a report indicating that compliance has been achieved. 1455. COMPLIANCE DISPUTE. (A) If the Director does not file a report pursuant to Section 1454 above, a violator who believes that compliance has been achieved may request a compliance hearing before the Hearing Officer by filing a request for a hearing with the Director. 17 2056 (B) The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order provided in Sections 1446 and 1447 of this Chapter. (C) The Hearing Officer shall determine if compliance has been achieved and, if so, when it was achieved. 1456. LIEN PROCEDURE. (A) Whenever the amount of any administrative penalty and/or administrative cost imposed by the Hearing Officer pursuant to this Chapter in connection with real property has not been satisfied in full within ninety (90) days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred. (B) The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure. (C) Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law. (D) Prior to recording any such lien, the Administrative Services Director shall prepare and file with the City Clerk a report stating the amounts due and owing. ]8 2056 (E) The City Clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by City Council. (F) The Administrative Services Director shall cause written notice to be served on the property owner not less than ten (10) days prior to the time set for the hearing. Such notice shall be served pursuant to Section 1433 of this Code, 1457. PUBLIC HEARING AND PROTESTS. (A) Any person whose real property is subject to a lien pursuant to Section 1456 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting. (B) Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds for such protest or objection. (C) The City Council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien. 1458. RECORDING OF LIEN. Thirty (30) days following the adoption of a resolution by the City Council imposing a lien, the City Clerk shall file the same as a judgment lien in the office of the County Recorder of Los Angeles County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council. 19 2056 1459. SATISFACTION OF LIEN. Once payment in full is received by the City for outstanding penalties and costs, the Administrative Services Director shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the office of the County Recorder. Such notice of satisfaction shall cancel the City's lien. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. The City Council of the City of Arcadia hereby declare that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. 20 2056 Passed, approved and adopted this 20th day of August , 1996. ATTEST: ~ Cit , lerK~.f~he City APPROVED AS TO FORM: /~~ Mayorjofthe City of Arcadia Pro Tern c~1i f rrpa. 21 2056 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2056 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor Pro Tern and attested to by the City Clerk at a regular meeting of said Council held on the 20th day of August, 1996 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Harbicht, Young and Kuhn NOES: None ABSENT: None Arcadia Cit 22 2056