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Code, including inconsistent provisions, ambiguous verbiage, and outdated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