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ORDINANCE NO. 647
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
ADDING CHAPTER 1.16 TO THE CITY OF IRWINDALE MUNICIPAL CODE
REGARDING ADMINISTRATIVE CITATION PROCEDURES
WHEREAS, the City of Irwindale, 5050 N. Irwindale Avenue, Irwindale, CA
91706, has made a request for Code Amendment on Administrative Citation procedures
for inclusion to the City of Irwindale Municipal Code; and
WHEREAS, for the purpose of the public's health, safety and welfare,
administrative citation procedures are being considered as a critical tool for code
compliance; and
WHEREAS, on October 13, 2010, the City Council conducted a duly noticed
public hearing, as required by law, to consider this Ordinace, at which time it received
input from staff and the City Attorney, heard public testimony, closed the public hearing,
and conducted a first reading of the Code Amendment; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference. .
SECTION 2. Chapter 1.16 of the Irwindale Municipal Code shall be added to
read as follows:
Chapter 1.16 ADMINISTRATIVE CITATIONS
1.16.010 Purpose and Intent.
1.16.020 Definitions.
1. 16.030 Authority.
1.16.040 Notice of violation.
1.16.050 Service procedures.
1. 16.060 Administrative citation procedures.
1. 16.070 Assessment of administrative citation fines.
Ordinance No. 647
Page 1
1.16.080 Satisfaction of administrative citation.
1.16.090 Collection of unpaid fines and penalties.
1. 16.100 Request for administrative hearing.
1.16.110 Administrative hearing procedure.
1.16.120 Hearing officer.
1.16.130 Administrative hearing decision.
1.16.140 Right to judicial review.
1.16.010 Purpose and Intent
The enforcement of the city's municipal code is vital to the protection of the public's
health, safety and welfare. Under Government Code section 53069.4, the city is
authorized to adopt an administrative citation program, which offers an alternative
method of enforcing code violations in commercial and industrial areas of the city.
The purpose of issuing administrative citations pursuant to this chapter is to
encourage voluntary and complete compliance with the provisions of this code and
to provide a method of holding persons responsible when they fail or refuse to
comply with the provisions of this code. The use of this chapter is also to provide an
alternative method of enforcement of various violations of code violations in a
timely, efficient and cost-effective manner and to reduce the burden on the judicial
system while providing full due process for those cited. The use of this chapter
shall not apply to residential uses.
(a) The procedures established in this chapter are in addition to
criminal, civil or other legal remedies that may be available to the City to
enforce violations of this code, adopted uniform codes or applicable State
Codes.
(b) The City Council finds and determines that enforcement of the
provisions of this and conditions on entitlements or permits are municipal
affairs as well as matters of purely local concern to the citizens of
Irwindale.
(c) Use of this chapter shall be at the sole discretion of the City and
nothing in this chapter shall preclude the City from enforcing City law
through other civil, administrative and criminal remedies.
1.16.020 Definitions
For the purposes of this chapter, the following definitions apply to these words and
phrases:
Ordinance No. 647
Page 2
�.. "Administrative citation" or "citation" means a written notice issued to a responsible
person pursuant to this chapter which states that a violation of this code has
occurred.
"City manager" means the city manager of the City of Irwindale, or the manager's
designee.
"Code enforcement officer" means any officer or employee acting on behalf of the
city with the authority to enforce the Irwindale Municipal Code or applicable state
codes in accordance with the provisions of this code.
"Continuing violation" means either (1) a particular violation of the code continuing
for more than 24 hours without correction or abatement, or (2) a repeated,
consecutive violation of the same offense without intervening days.
"Hearing officer" means the person designated by the city manager to serve as the
hearing officer for administrative hearings hereunder.
"Legal interest" means any interest in real property that is represented by a deed of
trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's
lien or other similar instrument, which is recorded with the county recorder.
"Notice of violation" means a written notice to a responsible person that a violation
100, of this code has occurred and a warning that an administrative citation assessing
fines will be issued unless the violation is ceased and abated.
"Person" means the natural person or a legal entity that is the owner, tenant, lessee
or other person or entity with any right to possession or control of the property
where a violation of this code exists.
"Responsible person" means a person who causes a code violation to occur, or
allows a violation to exist or continue, by his or her action or failure to act, or whose
agent, employee, or independent contractor causes a violation to occur, or allows a
violation to exist or continue. There is a rebuttable presumption that the record
owner of a parcel, as shown on the county's latest equalized property tax
assessment rolls, and an occupant or lessee of a parcel has notice of any violation
existing on said property. For the purposes of this chapter, there may be more than
one responsible person for a violation.
1. 16.030 Authority
A. The use of this chapter is at the sole discretion of the city's code enforcement
officers.
B. Any code enforcement officer, upon determining that a provision of this code, the
Uniform Codes adopted by the City Council or the failure to comply with any
condition imposed by any entitlement, permit, agreement or environmental
document, which such officer is charged to enforce has been violated, has the
Ordinance No. 647
Page 3
authority to issue an administrative citation to any responsible person. 100)
C. Each and every day a violation of this code exists constitutes a separate and
distinct offense and will be subject to a separate fine. A single citation may
charge a violation for one or more days on which a violation exists, and for the
violation of one or more code sections.
D.A fine shall be assessed by means of an administrative citation issued by the
code enforcement officer and shall be payable directly to the City's Finance
Department.
1.16.040 Notice of violation
A. Whenever a code enforcement officer determines that a violation of this code
exists, the code enforcement officer may issue a notice of violation to a
responsible person prior to issuing an administrative citation. The notice of
violation serves as a written warning of responsibility and requires immediate
action by the responsible person to cease and abate the violation. The notice of
violation must include the information set forth in Section VI below and a
correction date by which the violation can reasonably be ceased and abated. If
the violation is not ceased or abated by the end of the correction period stated in
the notice, the code enforcement officer may issue an administrative citation.
B. In accordance with Government Code section 53069.4, no responsible person
will be assessed an administrative fine under this chapter for a continuing
violation pertaining to a building, plumbing, electrical or similar structural or
zoning issue that does not create an immediate danger to the public health or
safety without first receiving a notice of violation and a reasonable opportunity to
correct or otherwise remedy the violation. In such circumstance, the stated period
available to correct the violation prior to the assessment of a fine must be
appropriate to the violation as determined by the code enforcement officer, and in
no event may be less than 7 days. If, after the correction period stated in the
notice, the violation is not ceased or abated, the code enforcement officer may
issue an administrative citation.
C. Any responsible person receiving notice for a continuing violation may petition
the city manager for an extension of time to correct the violation so long as the
petition is received before the end of the correction period. The city manager may
grant an extension of time to correct the violation if the responsible person has
supplied sufficient evidence showing that the correction cannot reasonably be
made within the stated period.
D. The requirement of a reasonable opportunity to correct a violation does not apply
in instances where in, the discretion of the city manager, a code violation poses
an immediate danger to the public health, safety, and welfare.
1.16.050 Service procedures
Ordinance No. 647
Page 4
V,
�,. Except as otherwise provided in this chapter, a notice of violation or an
administrative citation or other notice to be given under this chapter, must be given
in one of the following ways:
A. Personal Service. The code enforcement officer shall make a reasonable
attempt to locate and personally serve the responsible person with the
administrative citation and obtain the signature of the responsible person on the
administrative citation. If the responsible person refuses to sign the
administrative citation, the failure or refusal to sign shall not affect the validity of
the administrative citation or of subsequent proceedings.
B. Service of Citation by Mail. If the enforcement officer is unable to serve the
responsible person by personal service, the code enforcement officer shall mail
the administrative citation to the responsible person by certified mail, return
receipt requested and by regular, first class mail. Service by mail shall be
deemed effective as of the date of deposit in the U.S. Mail unless the mail is
returned.
C. Service of Citation by Posting Notice. If the enforcement officer does not
succeed in personally serving the responsible person, or in serving the
responsible person by certified or regular mail, the enforcement officer shall post
the administrative citation on any real property within the city, in which the
enforcement officer has reasonably verified that the responsible person has a
legal interest, and such service by posting shall be deemed effective as of the
f date of posting.
The failure of any interested person to receive any notice served in
accordance with this section will not affect the validity of any proceedings
taken under this chapter. The notice procedures in this section do not
apply to an initial notice of violation, which may be sent by regular mail or
personally served. Service of a notice of violation by mail is effective on
the date of mailing.
1.16.060 Administrative citation procedures
A. Upon determining that a violation of this code or other applicable code exists, a
code enforcement officer may issue an administrative citation to any responsible
person.
B. Administrative citations will be issued on a form approved by the city attorney,
and at a minimum will contain the following information:
1. Name of the person who is charged as a responsible person for the
violation.
2. Date, approximate time, and address or definite description of the
location where the violation(s) was observed.
Ordinance No. 647
Page 5
3. The code sections or conditions violated and a description of the
violation(s).
4. A description of the actions necessary to correct the violation(s).
5. An order to the responsible person to correct the violation within a time
specified and an explanation of the consequences of the failure to correct
the violation(s).
6. Whether the offense(s) is a continuing violation which will accrue fines
until properly ceased and abated.
7. The amount of the daily fine to be imposed for each violation, including
the amount due for the initial violation(s) and any prospective daily fine for
failure to abate the violation(s) (if applicable to a continuing violation).
8. An explanation of when the fine(s) will be imposed unless the
violation(s) is corrected prior to the date specified or, in the alternative,
how the fine must be paid and the time period by which it must be paid.
9. An explanation of how the abatement of the violation(s) can be properly
verified (if applicable).
10. Identification of rights of appeal, including the time within which the
citation may be contested and the place to obtain a request for hearing
form to contest the administrative citation.
11. The name and signature of the enforcement officer.
12. Notice that each violation also constitutes a nuisance and that
collection of any unpaid fines and abatement costs can be enforced as a
lien against the property where the violation occurs and that an unpaid lien
can result in the property being involuntarily sold after three years by the
assessor.
13. A statement advising the responsible person that he may request
permission to pay the fine in installments if an installment plan is approved
by the City's Finance Director pursuant to Section 1. 16.080 below.
1.16.070 Assessment of administrative citation fine
A. The amount of the fine will be assessed according to a schedule of fines adopted
by city council resolution. The schedule may include escalating fine amounts for
repeat violations occurring within specified periods of time, and fines may vary
depending on the particular code provision violated.
B. Where no amount is specified by resolution of the city council, the following fines
will apply:
Ordinance No. 647
Page 6
1. A fine not exceeding $100 per day for a first violation.
2. A fine not exceeding $200 per day for a second violation of the same
code provision or permit within one year from the date of the first
violation.
3. A fine not exceeding $500 per day for each additional violation of the
same code provision or permit within one year from the date of the first
violation.
C. A penalty of 10% per year will be added on any delinquent fines on the last day
of each month after the due date.
D. In addition to the late penalty provided by this section, delinquent fines
will accrue interest at the rate of 1% per month, exclusive of penalties,
from the due date.
1. 16.080 Satisfaction of administrative citation
A. Upon receipt of a citation, the responsible person must do the following:
1. Pay the fine within 30 days from the date of the administrative citation. All
fines assessed are payable to the City of Irwindale, Attn: Finance
Department. Payment of a fine does not excuse or discharge the failure to
correct the violation(s) nor will it bar further enforcement action by the city.
2. Cease and abate the violation. If the offense is a continuing violation and
the responsible person fails to properly cease and abate the violation,
fines will accrue for each day until the abatement is properly verified.
Additionally, subsequent administrative citations may be issued for the
same violation. The amount of the fine for failure to correct the violation
will increase at the rate specified in this chapter or as established by city
council resolution.
B. At any time more than 30 days after the issuance of the citation, the city may
deliver a collection bill to the responsible person requiring payment for all
outstanding amounts owed for the violation(s), including the amount due for the
initial violation(s) and any accrual of daily fines from the date the citation was
issued to the date the abatement of the offense is properly verified (if applicable)
plus any appropriate late payment charge, less any amount remitted pursuant to
subsection A.1 of this section.
C. The abatement of a continuing violation must be verified by a code enforcement
officer. The responsible person must contact the code enforcement officer at the
phone number designated on the citation and schedule an inspection by a code
�-. enforcement officer. Fines will accrue until the abatement is verified, less any
days delayed by action of the city in scheduling such inspection.
Ordinance No. 647
Page 7
1.16.090 Collection of unpaid fines and penalties
A. The failure of any person to pay a fine or penalty assessed by
administrative citation within the time specified on the citation
constitutes a debt to the city. To enforce that debt, the city may file a
civil action, lien the subject property as set forth below, or pursue any
other legal remedy to collect such debt. A person who fails to pay any
fine or other charge owed to the city under this chapter is liable in any
action brought by the city for all costs incurred in securing payment of
the delinquent amount, including, but not limited to, administrative
costs and attorneys' fees. Such collection costs are in addition to any
fines, interest, and late charges.
B. In addition to any other legal remedy, the city may place a lien on
property that is the subject of a citation if the citation has been issued
to the property owner. The following procedure will apply:
1. The city manager may initiate proceedings to record a lien against the
subject property.
2. Before recording the lien, the city manager shall submit a report to the
city clerk stating the amounts due and owing. The report may include a
fee, as established by city council resolution, for the administrative
costs associated with the preparation and recordation of the lien. .�
3. The city clerk shall fix a time, date, and place for a hearing before the
city manager to consider the report and any protests or objections to it.
4. The city clerk must serve the property owner with a hearing notice not
less than 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 via certified mail, return
receipt requested and by regular first-class mail, postage prepaid,
addressed to the property owner'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 property owner to actually receive the
notice does not affect its validity.
5. At the conclusion of the hearing, the city manager may adopt a report
confirming, discharging, or modifying the lien amount.
6. Following the adoption of the report imposing a lien, the city clerk shall
cause the lien to be filed in the county recorder's office.
7. After confirmation and recordation, the city shall present a copy of the
lien to the county tax collector to add the amount of the lien to the next
regular property tax bills levied against the parcel for municipal
Ordinance No. 647
Page 8
purposes. This amount will be collected at the same time and in the
same manner as ordinary property taxes are collected, and will be
subject to the same penalties and procedures under foreclosure and
sale as provided for with ordinary municipal taxes. Or, after recording,
the lien may be foreclosed by judicial or other sale in the manner and
means provided by law.
8. Once the city receives full payment for outstanding principal, penalties,
and costs related to a lien, the city clerk will cause to be recorded a
notice of satisfaction or provide the property owner with a notice of
satisfaction for recordation at the county recorder's office. This notice
of satisfaction will cancel the city's lien.
1.16.100 Request for administrative hearing
A. Any person receiving an administrative citation may contest the
citation by completing a request for hearing form and returning it to
the city within12 business days after the issuance date of the
administrative citation. Any request for hearing must be
accompanied by an advance deposit of the fine assessed by the
citation for the initial violation(s), unless waived by subsection (2)
of this section. If it is determined, after a hearing, that there was no
violation as charged in the administrative citation, the advance
deposit will be refunded.
1. A request for hearing will not postpone or avoid the requirement
of a responsible person to abate a violation nor toll the daily
fines accruing for a continuing violation until the abatement of
the offense is properly verified. In the event the hearing officer
upholds the citation, the responsible person will be liable for the
total fines accrued from the issuance of the citation to the date
the abatement is properly verified.
2. A person seeking an administrative hearing may request a
hardship waiver of the fine deposit by filing with the city clerk a
completed hardship waiver form, which form must be signed
under penalty, with the request for hearing form. The person
requesting the waiver bears the burden of establishing that
such person does not have the financial ability to make the
deposit. All such proof shall be submitted with the hardship
waiver form. The hardship waiver request will be decided by
the city manager, or his designee, within three (3) business
days from date the request is received, and such decision shall
be final. The applicant may be notified by telephone, facsimile,
or in person of the decision on the hardship waiver request. The
filing of a request for hardship waiver does not extend the time
to file for an administrative hearing or the payment of the fine. If
Ordinance No. 647
Page 9
the request for hardship waiver is denied, the administrative
hearing will not be scheduled unless the fine deposit is paid
within five (5) business days following the determination on the
request for a hardship waiver.
3. The failure to submit a timely and complete request for hearing
form will terminate a person's right to contest the citation and
result in a failure to exhaust administrative remedies, and the
order of the citation will serve as a final determination and
conclusive evidence of the named responsible person's liability
for the citation.
B. The city clerk shall set a hearing before a hearing officer on a date
that is not less than 15 and not more than 60 days from the date
that the request for hearing is filed in accordance with the
provisions of this section. The city shall notify the person
requesting the hearing by regular mail of the date, time and place
set for the hearing at least 10 days prior to the date of the hearing
and give that person any additional written reports filed concerning
the violation that are provided to the hearing officer.
1. 16.110 Administrative hearing procedure
A. A hearing officer will conduct the administrative citation hearing.
B. No hearing to contest an administrative citation before a hearing officer
will be held until a request for hearing form has been completed and
submitted, and the fine has been deposited in advance, unless a hardship
waiver is granted in accordance with Section 1.16.100 A.2.
C. The hearing officer may only consider evidence that is relevant to the
issues and defenses raised in the request for a hearing and may disregard
any matter not contested in the request for a hearing as any matter not
contested in the request for hearing shall be deemed admitted.
D. At least 10 days prior to the hearing, the city must provide the person cited
as the responsible person with copies of the citation, reports and other
documents to be submitted to the hearing officer. No other discovery is
permitted. Formal rules of evidence will not apply.
E. The person contesting the administrative citation will be given the
opportunity to testify and present witnesses and evidence concerning the
administrative citation.
F. Unless requested in advance by the person contesting the administrative
citation, neither the code enforcement officer nor any other representative
of the city is required to attend the hearing, provided that any such '^1y
appearance may be made at the discretion of the code enforcement
Ordinance No. 647
Page 10
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officer or city manager.
G. The failure of any person cited as the responsible person to appear at the
administrative citation hearing will constitute a forfeiture of the fine and a
failure to exhaust administrative remedies, and the order of the citation will
become the final determination.
H. The administrative citation and any additional documents submitted by the
code enforcement officer to the hearing officer will constitute prima facie
evidence of the violation and the respective facts contained in those
documents.
The hearing officer may continue the hearing and request additional
information from the code enforcement officer or the recipient of the
administrative citation prior to issuing a written decision. All continuance
requests must be made in person at the hearing. When a continuance is
granted, a new hearing date shall be set by the hearing officer.
J. The hearing officer shall only consider evidence that is relevant to whether
the violation(s) occurred and whether the responsible person has caused
or maintained the violation(s) on the date(s) specified in the administrative
citation. The City shall have the burden to prove the facts of the citation
by a preponderance of the evidence. The citation and other reports
prepared by a code enforcement officer concerning the violation or the
attempted correction of the citation shall be admitted into evidence. In
addition, the City may present such other evidence and reports as may be
necessary or helpful to the hearing officer to resolve the issues raised by
the person cited as the responsible person.
K. If the code enforcement officer submits an additional written report
concerning the administrative citation to the hearing officer for
consideration at the hearing, a copy of this report shall also be served by
mail on the person requesting the hearing at least five (5) days prior to the
date of the hearing.
L. The hearing officer shall have the authority to issue a subpoena.
1.16.120 Hearing officer
The City Manager shall designate the hearing officer for the
administrative citation hearing. The hearing officer shall not be a City
employee. The employment, performance evaluation, compensation and
benefits of the hearing officer, if any, shall not be directly or indirectly
conditioned upon the number of administrative citation fines upheld by the
hearing officer.
Ordinance No. 647
Page 11
1. 16.130 Administrative hearing decision
A. After considering all of the testimony and evidence submitted at the
hearing, the hearing officer must issue a written decision within 5 business
days of the hearing to uphold or deny the administrative citation and must
list in the decision the reasons for that decision. The hearing officer will
use preponderance of evidence as the standard of evidence in deciding
issues. The decision of the hearing officer will be final.
B. If the hearing officer determines that the administrative citation should be
upheld, then any applicable fine amount on deposit with the city will be
retained by the city. The hearing officer may also impose conditions and
deadlines to correct the violation(s) or require payment of any outstanding
fines, penalties, and interest.
C. If the hearing officer determines that the administrative citation should be
canceled or reduced because of an error in calculating the fine, the city
will promptly refund the applicable amount of the deposited fine.
D The city shall serve the recipient of the administrative citation with a copy
of the hearing officer's written decision by certified mail.
1. 16.140 Right to judicial 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 Los Angeles County
Superior Court in accordance with the timelines and provisions set forth in
California Government Code section 53069.4.
SECTION 3. The City Council hereby authorizes and directs the Mayor
and the City Clerk to execute this Ordinance on behalf of the City of Irwindale
forthwith upon its adoption.
SECTION 4. The Deputy City Clerk shall certify as to the passage of this
Ordinance and shall cause the same to be published and/or posted at the designated
locations in the City of Irwindale.
SECTION 5. City staff is directed to prepare and file a Notice of Exemption under
the California Environmental and Quality Act (CEQA) in connection with this ordinance.
W
Ordinance No. 647
Page 12