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HomeMy Public PortalAbout19) 9C Admin Cit & Fee ResolutionCity Council June 19, 2012 Page 2 3. Between January and February 2011, staff conducted a review of the entire Municipal Code in order to identify its deficiencies, and provide the Ad Hoc Committee with recommendations to better facilitate compliance. 4. On March 9, 2011, Community Preservation staff met with the Ad Hoc Committee to discuss the difficulties faced in the enforcement of the Municipal Code, including inconsistent provisions, ambiguous verbiage, and outdated requirements that no longer reflect the goals of the City, as well as the lack of necessary enforcement tools needed to mandate compliance from persons who refuse to voluntarily comply with applicable requirements. 5. Over the next several months, Community Preservation staff (including City Prosecutor James Eckart) and the Ad Hoc Committee discussed various methods of addressing the deficiencies, including possible amendments to the City's Municipal Code. Potential amendments recommended by staff and the Ad Hoc Committee included, but were not limited to, regulations pertaining to the containment, retrieval, and abatement of shopping and laundry carts; the registration, maintenance, and security requirements for abandoned and vacant properties; public nuisances; animals control; and refined administrative citation procedures. staff received valuable input from the Ad Hoc Committee and moved forward with their recommendations. 6. On November 15, 2011, the City Council approved the first round of proposed Code amendments that would facilitate improved enforcement of the Municipal Code and subsequent compliance of violations. The ordinances approved were: Ordinance No. 11-948 -Shopping And Laundry Cart Containment, Retrieval And Abatement; Ordinance No. 11-949 -Abandoned And Vacant Property Registration, Maintenance, And Security Requirements; and Ordinance No. 11- 950 -Public Nuisance Regulations. 7. On February 28, 2011, the Ad Hoc Committee reviewed staff's proposed amendments to the current administrative citation procedures (contained within Temple City Municipal Code Title 1, Chapter 4}, provided input, and recommended that the proposed Ordinance be submitted to the City Council for consideration and adoption. ANALYSIS: Staff has identified several portions of the administrative citation provisions that it wishes to refine in an effort to increase the effectiveness of this enforcement remedy, while still protecting the rights of property owners, tenants, and the general public. Although the current City regulations pertaining to the imposition of administrative penalties by means of an administrative citation have allowed City staff to be successful in achieving Code compliance, the success has been limited as the application of the administrative citation is currently limited. City Council June 19, 2012 Page 3 Administrative Citations and Fines. The current procedure for enforcing the code relies largely upon voluntary compliance with a "notice of violation". When voluntary compliance is not forthcoming, the City's options to compel compliance rely primarily upon the issuance of a criminal citation (whereby the City seeks judicial intervention to impose appropriate sanctions-fines and/or jail-and court orders to abate violations and punish a violator) or by the imposition of an administrative fine (a non-judicial remedy that imposes an administrative fine payable to the City). Similar to parking tickets, administrative citations result in the imposition of a non- judicial fine payable to the City in an amount set by the City Council. The imposition of an administrative fine is meant to be a "less onerous" method of obtaining compliance with the City's laws than the use of the criminal court system, as it does not include the potential for jail nor does it result in a criminal record for the violator. Furthermore, although the administrative citation has an inherent appeal process (in order to ensure that the citee's due process rights are protected), as the administrative citation process does not initially rely upon the judicial court system, the City has not had to bear the legal expenses typically associated with criminal cases. Additionally, for less serious violations, the City has been able to achieve compliance more quickly. A secondary benefit to the use of an administrative fine, as authorized by State law, is that the fines are paid directly to the City (as opposed to criminal fines where the majority is paid to the State and/or County, while only a small percentage is paid to the City). Notwithstanding the success that the City has had with achieving compliance through the use of administrative citations, City staff has been hampered in its enforcement efforts because the administrative penalties are currently only applicable to violations of very specific provisions of the Municipal Code. The proposed Ordinance would allow the City to utilize this non-judicial enforcement remedy to seek compliance with every provision of the Municipal Code. The proposed Ordinance also codifies the City's current protocol by explicitly stating that a single violation cannot result in the issuance of an administrative citation and a criminal citation (although, if the violation is not abated in a timely fashion, the City could pursue a different enforcement remedy for the continued violation). Additionally, it clarifies that violations of any condition of a permit, license, or other entitlement, as well as of State law (where State law allows for such action) also constitute violations of the Code for which administrative citations may be issued. In an effort to protect the administrative review process designed to provide due process to any person issued an administrative citation, the proposed Ordinance provides explicit details regarding the procedures governing the appeal hearings, as well as the citee's rights during said hearing. Moreover, in a similar fashion to parking citations, the current administrative citation program requires any citee who wishes to contest the citation to provide an advance deposit of the fine. The proposed Ordinance allows a person who cannot afford to pay City Council June 19, 2012 Page4 the advance deposit of the fine to seek a "hardship waiver" in order to avoid the advance deposit of the fine (although, if the citation is upheld on appeal, the citee would still be responsible for the payment of the fine after the appeal). Although the current municipal code allows the City to utilize "any legal means" for collection of delinquent administrative fines, it does not specify such means -nor does it grant any new methods of collection. The proposed amendment discusses the City's ability to record a lien and/or utilize the Franchise Tax Board's "Inter-Agency Offset Program 11 (which allows money to be withheld from a violator's income tax refund). Additionally, the proposed ordinance would authorize the City to withhold the issuance and/or renewal of any permit, license, or other entitlement until all delinquent administrative fines have been tendered to the City. CONCLUSION: Although the current City regulations pertaining to the imposition of administrative penalties by means of an administrative citation have allowed City staff to be successful in achieving Code compliance, the success has been limited as the application of the administrative citation is currently limited. The proposed amendments to the current City regulations seek to expand the use of the City's successful program to all violations of the City's laws, as well as to refine the administrative procedures by providing those cited with more clarity of the administrative review process and the potential collection methods that can be used by the City should a citee fail to pay the administrative fine . It further provides those with financial hardship a way to exercise their appeal rights without the need to provide an advance deposit of their fine . It is staff's assessment that the proposed ordinance will greatly facilitate the ability of City staff to effectively enforce the community's standards and requirements as specified in the municipal code. As always, staff will seek voluntary compliance on a voluntary basis. However, the proposed code amendment will enable staff to deal more effectively with cases in which voluntary compliance is not forthcoming. FISCAL IMPACT Ne ither the current nor the proposed regulations require the City to exercise its ability to use administrative citations. However, for those instances where the City is seeking to exercise its administrative remedies, the fiscal impact associated with enforcing Temple City Municipal Code regulations will likely result in an increase of collected fines that would be deposited into the City's General Fund. ATTACHMENT A. ORDINANCE NO. 12-957 ATTACHMENT "A" ORDINANCE NO. 12-957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING CHAPTERS 2 f'ENFORCEMENT OF CODE") AND 4 ("ADMINISTRATIVE CITATIONS") OF TITLE 1 ("GENERAL PROVISIONS") OF THE TEMPLE CITY MUNICIPAL CODE WHEREAS, pursuant to California Government Code section 53069.4, on February 15, 2005, the City Council of the City of Temple City adopted Ordinance No. 05-895 (enacted as Chapter 4 of Title 1 of the Temple City Municipal Code) that establishes a process for imposing administrative fines and/or penalties for violations of the Temple City Municipal Code (and other technical codes adopted therein) by means of an administrative citation; and, WHEREAS, the City Council of Temple City initially limited the use of an administrative citation and the imposition of an administrative fine to specific violations of the Temple City Municipal Code; and, WHEREAS, the City Council of Temple City now desires to grant City Officials the ability to utilize administrative citations for all violations of the Temple City Municipal Code in an effort to gain compliance therewith; and, WHEREAS, the City Council of Temple City desires to refine the administrative procedures related to the imposition, enforcement, collection, and administrative review of the administrative citations and administrative fines and penalties. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Subsections (a) and (b) of Section 1200 (''Violations, Penalties") of Chapter 2 ("Penalty Provisions") of Article I ("General Provisions") of the Temple City Municipal Code is hereby amended to read as follows: Section 1200. Violations, Penalties A. No person, firm, corporation, or other responsible entity shall violate any provision, restriction, or requirement of this Code or any Code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code. Each such entity shall be guilty of a separate offense for each and every day during any portion of which the violation or failure to comply is committed, continued, permitted, suffered, or maintained, and shall be punished accordingly. B. Any person, firm, corporation, or other responsible entity who violates any provision, restriction, or requirement of this Code or any Code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code shall be guilty of a misdemeanor punishable by a fine of not more than one Page 1 of 13 thousand dollars ($1,000), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment, unless: 1. Such requirement is classified as an infraction by the California Vehicle Code, this Code, or any ordinance of the City; 2. The prosecuting attorney files a complaint charging the offense as an infraction; 3. The City Manager or prosecuting attorney authorizes the issuance of a citation charging an offense as an infraction; 4. After filing of a misdemeanor complaint, the court, solely upon motion of the People, reduces the charge to an infraction, and the defendant does not object to having the case proceed as an infraction; or, 5. An enforcement officer issues an administrative citation pursuant to Article I, Chapter 4 of this Code. C. In addition to the penalties provided hereinabove, a violation of any provision, restriction, or requirement of this Code or any Code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code shall be deemed a public nuisance and may be abated in the manner provided by law as such. Every day such violation continues shall be regarded as a new and separate offense. SECTION 2: Chapter 4 ("Administrative Citations") is hereby added to Title 1 ("General Provisions") of the Temple City Municipal Code to read as follows: CHAPTER 4 ADMINISTRATIVE CITATIONS Section 1400. Findings. The City Council of the City of Temple City finds and declares as follows: A. Enforcement of the Temple City Municipal Code and adopted ordinances throughout the City is an important public service. A program for enforcement of local codes is vital to protect public health, safety, and welfare. The establishment of a comprehensive and effective code enforcement program that is able to utilize both administrative and judicial remedies against violations of the City's laws is best equipped to protect public health, safety, and welfare. B. Government Code Section 53069.4 authorizes local jurisdictions to enact legislation making a violation of any local ordinance subject to an administrative fine or penalty. The State Legislature has also enacted other provisions of California law that Page 2 of 13 allow local governments to impose administrative fines and/or penalties for violations of specified provisions of State law. The City Council intends, pursuant to this statute, to establish an administrative citation program that: 1. Imposes a non-judicial administrative fine and/or penalty for offenses of the Temple City Municipal Code (including, but not limited to, any other code adopted therein) and other State laws as authorized by Statute; 2. Encourages prompt abatement or correction of prohibited conditions, uses or activities in the City; and, 3. Creates deterrence against future violations of the City's laws. C. The administrative citation remedy is not intended to replace any other remedy allowed by the Temple City Municipal Code or state law. It is intended to provide an alternative and/or additional means by which the City's laws may be enforced. Section 1401. Applicability and Scope A. Use of this Chapter shall be at the sole discretion of the City and is one remedy that the City has to address violations of the Temple City Municipal Code or other applicable provisions of State law. By adopting this Chapter, the City does not intend to limit its discretion or ability to utilize any administrative, civil, criminal, or other remedy available at law or equity, or any combination thereof, to address violations of the City's laws. B. This Chapter makes a violation of any provision, restriction, or requirement of this Code or any Code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code subject to an administrative fine. C. This Chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of administrative fines and/or penalties pursuant to Government Code Section 53069.4. D. An administrative fine in an amount adopted by resolution of the City Council shall be imposed by means of an administrative citation issued by an Enforcement Officer, and shall be paid directly to the City of Temple City. Payment of a fine shall not excuse a failure to correct a violation, nor shall it bar concurrent or further enforcement actions by the City. E. The City Manager, or a designee thereof, may dismiss a citation at any time if a determination is made that it was issued in error, in which event any deposit of a fine shall be refunded. Notice of such action shall be given to the Citee in writing. Page 3 of 13 F. The City Manager, or a designee thereof, is authorized to promulgate procedural rules and regulations governing the provisions in this Chapter. Section 1402. Definitions As used in this Chapter, the following words are defined as follows: A. "Administrative fine" and/or "administrative penalty'' shall mean the monetary sanction established by resolution of the City Council that is imposed upon a Responsible Person by means of a Citation. B. ~~citation" shall mean an administrative citation that is issued to a Responsible Person pursuant to this Chapter. C. "Citee" shall mean a Responsible Person to whom a citation is issued. D. "City'' shall mean the City of Temple City, California. E. "City Manager'' shall mean the chief administrative official of the City as appointed by the City Council. F. ~~code" shall include: (i) the entire Temple City Municipal Code and any other Code, rule, or regulation incorporated therein by adoption or reference, (ii) any uncodified ordinance adopted by the City Council of Temple City, (iii) any rule or regulation promulgated pursuant to the provisions of the Temple City Municipal Code, (iv) any condition of any permit, license, or other entitlement issued pursuant to this Code, and (v) other State laws as authorized by statute. G. "Enforcement officer'' and "Officer'' shall mean any City employee with obligations to enforce the Temple City Municipal Code. Enforcement Officers shall include the following personnel: City Manager, Public Services Director; Public Safety Manager; Code Enforcement Officer; Animal Control Officer; Building Inspector and Resident Safety Volunteer member, and their designees. The City Manager may designate additional persons to act as Officers for purposes of implementing the provisions of this Chapter. H. "Hearing officer'' shall include a private entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that the City Manager designates or appoints to consider all timely requests for an administrative hearing upon issuance of a citation. I. "Owner'' shall mean and include any person having legal title to, or who teases, rents, occupies or has charge, control or possession of, or responsibility for, any real property in the City, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor's Office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An owner of personal property Page 4 of 13 shall be any person who has legal title, charge, control, responsibility for, or possession of such property. J. "Person" shall mean and includes any individual, partnership of any kind, a corporation of any kind, limited liability company, association, joint venture or other organization or entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the City. K. "Property'' or "Premises" shall mean any real property, or improvements thereon, or portions thereof, as the case may be. "Property'' includes any parkway or unimproved public easement abutting such real property. "Property'' shall also include all forms of personal property or animals, where applicable. L. "Responsible Person" shall mean any person, whether as an owner or an agent, manager, or representative of an owner, or otherwise, that allows, causes, creates, maintains, suffers, or permits a violation of the Code to exist or continue, by any act or the omission of any act or duty. M. "Violation" shall mean an act or omission of any act, or use or condition that constitutes an offense of the Code, as well as a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. A ''transienf' violation is one that is brief or spontaneous in its commission, or that is not typically confined to a fixed location. A "Non-transient" violation is continuing in nature and generally present at one location. Section 1403. Scope This Chapter provides for imposition of an administrative fine pursuant to a Citation for any violation of the Code, as well as for a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. This remedy may be utilized in place of, or in addition to, any other remedy allowed by the Code or state law. The City Manager, or designees thereof, shall have sole discretion to utilize any remedy or remedies as authorized by law. Section 1404. Issuance of Administrative Citation; Contents Thereof A. Whenever an Officer determines that a violation of the Code has occurred, the Officer may issue a Citation on a City-approved form imposing an administrative fine or fines to the Responsible Person(s) in accordance with the provisions of this Chapter. B. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that creates an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for a violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues shall not be issued pursuant to this Chapter unless the Responsible Person has Page 5 of 13 first been provided with a reasonable period, as determined by the Officer, in which to complete the abatement or compliance actions. C. An Officer may issue a Citation for a violation not committed in the Officer's presence if the Officer has determined, through investigation, that the Citee did commit, or is otherwise responsible for, the violation. D. Each day, or any portion thereof, that a prohibited condition, use or activity under the Code is committed, continued or permitted, shall constitute a separate violation for which an administrative fine may be imposed. A single Citation may charge multiple violations of the Code, however, each violation is subject to a separate and distinct administrative fine. E. Each Citation shall contain the following information: 1. Name and mailing address of the Responsible Person. 2. The address or description of the location of the violation. 3. The date and approximate time of the commission of the violation(s), or detection thereof by an Officer. 4. The relevant provision(s) or section(s) of the Code alleged to have been violated; 5. A description of the violation(s); 6. Amount of the fine for each violation, the procedure and place to pay the fine(s) and/or re-inspection fees, and any late penalty and/or interest charge(s), if not timely paid; 7. When appropriate, the action(s) required to correct the violation(s), and, if applicable, any deadlines or time limitations for commencing and completing such action(s); 8. A description of the administrative citation review process and the manner by which a hearing on a Citation may be obtained (including the form to be used, where it may be procured from, and the period in which a request must be made in order to be timely); 9. The name and signature of the Officer, and the signature of the Citee, if he or she is physically present and will sign the Citation at the time of its issuance. The refusal of a Citee to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a Citation constitute an admission that a person has committed a violation of the Code; Page 6 of 13 10. A statement that the failure to timely tender the fine(s) and other fees, costs, and/or charges imposed pursuant to this Chapter may result in the recordation of a lien and/or the delay in issuance or renewal of any City license and/or permit; and, 11. Any other information deemed necessary by the City Manager. Section 1405. Service of Citation A. A Citation may be served either by personal delivery to the Citee or by first class mail through the United States Postal Service. The date of personal service shall constitute the issuance date of a Citation. B. If served by first class mail, the Citation sha" be sealed in an envelope with postage prepaid and addressed to the Citee at his or her last-known business or residence address as same appears in public records of the City, the Los Angeles County Tax Assessor's Office, and/or the Secretary of State. The date a Citation is deposited with the United States Postal Service shall: (i) constitute its issuance date, and (ii) the date that service by certified mail shall be deemed to have been completed. C. If an agent, manager or representative of a Responsible Person is personally served with a citation, a copy thereof shall also be served by first class mail to the Responsible Person at his or her last-known business or residence address as same appears in public records of the City, the Los Angeles County Tax Assessor's Office, and/or the Secretary of State. In such instances, the date a copy of the Citation is deposited with the U.S. Postal Service shall constitute the issuance date of a Citation. D. If service cannot be accomplished personally or by mail for Citations involving a real property-related violation of the Code, the officer shall post the Citation on the real property where the violation is alleged to have occurred. The date of posting shall constitute the issuance date of a Citation. E. Any notice or order given pursuant to any provision of this Chapter shall be served in the manner provided for in this section, unless otherwise stated. F. Failure of a Citee to receive a Citation or notice shall not invalidate any fine, late penalty charge, action or proceeding that is imposed or brought pursuant to this Chapter, if service was given in a manner stated in this section. Section 1406. Imposition of Administrative fines, Late Fees, Interest Charges, and Re-lnspection Fees; Payment and Collection of Fines, Fees and Other Charges A. The amounts of the fines imposed pursuant to this Chapter shall be set forth in a schedule of fines established by resolution of the City Council. The City Page 7 of 13 Council may, by resolution, also impose escalating fines in amounts it deems appropriate for repeat offenses of the same ordinance. The amounts of fines may be modified from time to time by a resolution of the City Council. B. If a violation is otherwise classified as an infraction under the Code, the administrative fine shall not exceed $100.00 for a first offense, $200.00 for a second offense of the same ordinance within a twelve month period of time, and $500.00 for a third or greater offense of the same ordinance within a twelve month period of time, as set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900 of the California Government Code. The amounts of such fines may be modified from time to time by a resolution of the City Council provided they do not exceed the limits allowed by state law. C. In addition to any fine imposed pursuant to this Chapter, a re-inspection fee shall be assessed against any Responsible Person in an amount established by resolution of the City Council if the Responsible Person does not timely and completely correct or abate a violation (with all requisite approvals, permits, licenses, and/or inspections) after having received notification from the City to correct or abate same. D. Failure to pay an administrative fine within the period specified on the citation shall result in the assessment of a late penalty charge. The late penalty charge shall be equal to one hundred percent (1 00%) of the total fine owed (excluding any re- inspection fee). E. Failure to pay an administrative fine within sixty (60) days of the issuance of an administrative citation or, if contested, within sixty (60) days of an order to pay pursuant to a decision by a hearing officer or judicial officer confirming the fine, shall result in the imposition of an interest charge at a rate established by resolution of the City Council. Interest shall not accrue on a late penalty charge or re-inspection fee. The rate of interest may be modified from time to time by resolution of the City Council. F. Administrative fines, re-inspection fees, late penalty charges, and any interest due shall be paid to the City at such location or address as stated in the citation, or as may otherwise be designated by the City Manager. G. The due date for the City's receipt of an administrative fine shall be twenty (20) calendar days from the issuance date of a citation. Thereafter, a late penalty charge shall be due and owing, as well as interest, as imposed by this Chapter. H. Payment of an administrative fine shall not excuse or discharge a Citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the Code. Page 8 of 13 I. Abatement of a violation shall not excuse the obligation of a Citee to pay an administrative fine or any other charges, fees, or costs imposed as a result of the issuance of a citation. J. Unpaid administrative fines and other charges, fees, or costs imposed in accordance with this Chapter shall constitute a debt that may be collected in any manner allowed by law, including, but not limited to the recordation of a lien (secured or unsecured) with the County Recorder's Office and/or with the California Franchise Tax Board "Inter-Agency Offset Program" (pursuant to Section 12419.1 0 of the California Government Code). The City may also withhold issuance or renewal of any license, permit, or other entitlement for any property or business whenever an administrative penalty resulting from a code violation at said property or business remains unpaid. The City shall be entitled to recover its attorney fees and costs arising from an action to collect an administrative fine and other charas, fees, or costs imposed in accordance with this Chapter if it is the prevailing party and provided it made the election to seek attorney fees at the commencement of the action. A Citee shall be entitled to recover his or her attorney fees if the City made the election to seek attorney fees at the outset of the action and the Citee prevails thereon. Section 1407. Right to an Administrative Hearing; Waiver of Advance Deposit of Fine A. Any Citee may contest the violation(s), or that he or she is a Responsible Person, by filing a request for an administrative hearing on a City-approved form with the Office of the City Clerk-Temple City City Hall, 9701 Las Tunas Drive, Temple City CA 90241 within ten (1 0) calendar days from the issuance date of a citation. If the Office of the City Clerk does not receive the request in the required period, the Citee shall have waived the right to a hearing and the citation shall be deemed final. B. A request for a hearing shall contain the following: 1 . The citation number. 2. The name, address, telephone and any facsimile numbers, of each person contesting the citation. 3. A statement of the reason(s) why a citation is being contested. 4. The date and signature of the Citee(s). C. No filing fee shall be charged for the filing of a request for a hearing. Page 9 of 13 D. Requests for a hearing shall be accompanied by an advance deposit of the entire amount of the fine stated in the Citation. Failure to deposit a fine within the required period, or the tender of a non-negotiable check in the required period, shall render a request for an administrative hearing incomplete and untimely, in which case the Citee shall have waived the right to a hearing and the Citation shall be deemed final. Fines that are deposited with the City shall not accrue interest. Fines deposited shall be returned to the person tendering the fines in the event a Citation is overturned . E. A Citee who is financially unable to deposit the administrative fine with his or her request for a hearing may complete a City-approved application form for an advance deposit hardship waiver (hereinafter, "Hardship Waiver"). This form and all required accompanying records shall be tendered, along with a request for a hearing, to the Office of the City Clerk-Temple City City Hall, 9701 Las Tunas Drive, Temple City CA 90241 within ten (10) calendar days from the issuance date of a Citation. F. To be considered for a Hardship Waiver, the application form must be complete, signed, and must be accompanied by documents that enable the City to reasonably determine the Citee's present inability to deposit the fine. Documents suitable for consideration, may include, without limitation, accurate, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve months preceding submittal of the waiver form, as well as other documentation demonstrating the Citee's financial hardship. The City may, at its sole discretion, request additional documents in order to determine a Citee's financial ability to tender an advance deposit of the fine. Failure to submit sufficient evidence of a Citee's financial inability to tender an advance deposit of the fine shall result in a denial of the Hardship Waiver. The City may, at a time chosen in its sole discretion and after a Citation is final or confirmed, destroy or discard the documents submitted by a Citee for a Hardship Waiver without prior notice to the Citee. G. Failure to submit a completed, signed Hardship Waiver form, along with sufficient records that support a claim of financial hardship, shall render the request for hearing incomplete and untimely. In this event, the Citee shall have waived the right to a hearing and the Citation shall be deemed final. H. The City shall issue a written decision regarding the application for a Hardship Waiver. If the Hardship Waiver is denied, the written decision shall specify the reasons for not issuing the Hardship Waiver. This decision is final and non-appealable. The decision shall be served upon the person requesting the Hardship Waiver by first class mail. 1. Approval of a Hardship Waiver shall result in the City setting a hearing pursuant to Section 1408 of this Chapter. 2. If the City determines that the Citee is not entitled to a Hardship Waiver, he or she shall tender the full amount of the administrative fine to the Office of Page 10 of 13 the City Clerk within ten (1 0) calendar days of the date the decision is deposited with the U .S . Postal Service. In the event the City Clerk does not receive the full amount of the fine in the required period (i) the request for a hearing is rendered incomplete and untimely, (ii) the Citee shall have waived the right to a hearing and the Citation shall be deemed final, and (iii) a late penalty charge shall be imposed upon the administrative fine. I. A timely request for a hearing shall not excuse a Citee from the duty to immediately abate a violation of the Code, nor from any other responsib i lity or legal consequences for a continuation or repeated occurrence(s) of a violation of the Code. Section 1408. Administrative Hearing -Procedures A. An administrative appeal hearing shall be scheduled and conducted within sixty (60) calendar days of the date a timely and complete request is received by the Office of the City Clerk. A Citee who files a request for an administrative hearing to contest a citation (hereinafter, "appellant") shall be notified in writing by first class mail of the date, time, and location of the hearing at least ten (1 0) calendar days prior to the date of the hearing. The failure of an appellant to receive a properly addressed notice shall not invalidate the Citation or any hearing or City action or proceeding conducted pursuant to this Chapter. B. At the place and time set forth in the notification of administrative hearing, the hearing officer shall hear and consider the testimony of the issuing officer, the appellant(s), and/or their witnesses, as well as any documentary evidence presented by these persons concerning the violation(s) alleged in the Citation . C . Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish a violation and responsibility therefore by a preponderance of evidence. The issuance of an administrative citation shall constitute prima-facie evidence of the violation and the Enforcement Officer who issued the Citation is not required to attend or participate at the hearing. The appellant(s), and Officer, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. An appellant may bring an interpreter to the hearing at the appellant's sole expense. The hearing officer may question any person who presents evidence or who testifies at any hearing. D. An appellant may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the Office of the City Clerk at least three (3) City business days prior to the hearing. If the appellant fails to attend the scheduled hearing, or to otherwise submit a written declaration in a timely manner, the hearing officer shall cancel the hearing and send a notice thereof to the appellant(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due Page 11 of 13 to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the Citation (and corresponding fine and other applicable fees) shall be deemed final. E. Hearings may be continued once at the request of an appellant or the Officer who issued the citation. The hearing officer may also continue the hearing for cause. Section 1409. Hearing Officer Decision; Right of Appeal Therefrom A. After considering all of the testimony and evidence submitted at the hearing, the Hearing officer shall issue a written decision to uphold or overturn the Citation and shall state the reasons therefore. If the Citation is upheld and the violation has not been fully corrected as of the date of the hearing, the hearing officer shall order correction thereof in the decision and provide a deadline to complete said action(s). The decision of the hearing officer shall be final. If the Citation is upheld and the appellant did not deposit the fine at the time the appellant requested an administrative appeal hearing, the hearing officer shall also order the payment of the fine (and other applicable fees and costs) as set by Council resolution within twenty (20) calendar days of the decision. B. The appellant(s) shall be served by first class mail with a copy of the hearing officer's written decision. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of an appellant to receive a properly addressed decision shall not invalidate or any hearing, City action or proceeding conducted pursuant to this Chapter. C. Decisions of the hearing officer are, in accordance with Government Code Section 53069.4(b), appealable to the superior court within twenty (20) days after the date of their service. Each decision shall contain a statement advising the appellant(s) of this appeal right and the procedures and court-filing fee for its exercise . An appellant shall serve a copy of the court filed Notice of Appeal on the Office of the City Clerk- Temple City City Hall, 9701 Las Tunas Drive, Temple City, CA by personal service or first class mail within five (5) calendar days of filing the original thereof. D. If a hearing officer's decision is not appealed in a timely manner, the decision shall be deemed confirmed. E. The superior court is the sole reviewing authority and an appeal from a hearing officer's decision is not appealable to the City Council. If a Responsible Person prevails on appeal, the City shall reimburse his or her filing fee, as well as the fine deposit in accordance with the court judgment. These monies shall be mailed to the Responsible Person within forty-five (45) calendar days of the City's receipt of a notice of judgment or ruling from the superior court clerk. Page 12 of 13 Section 141 0. Penalties Failure of a Citee to comply with a corrective action stated in any uncontested citation, or with regard to a correction order in any hearing officer decision that is deemed confirmed and not appealed to the superior court, shall constitute a misdemeanor. Section 1411. Severability If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional . SECTION 3: The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law. ORDINANCE NO. 12-957 HAD ITS FIRST READING ON JUNE 19, 2012, ITS SECOND REDING ON JULY 3, 2012, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AT ITS REGULAR MEETING OF , 2012. Vincent Yu , Mayor Attest City Clerk Page 13 of 13