HomeMy Public PortalAboutOrdinance 05-895ORDINANCE NO. 05 -895
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING ARTICLE 1 OF THE TEMPLE CITY MUNICIPAL CODE TO ESTABLISH A
CIVIL ADMINISTRATIVE CITATION PROGRAM
WHEREAS, the City Council seeks to ensure the health, safety and welfare of the City's residents
and to provide an efficient and cost effective method of enforcing the Temple City Municipal Code; and
WHEREAS, in adopting this ordinance the City Council desires to reduce, to the greatest extent
possible, the costs expended by all parties during enforcement actions, thereby reducing the burden on
the City, the accused offender, and the judicial system; and
WHEREAS, California Government Code Section 53069.4 authorizes local agencies to
implement administrative procedures by ordinance that shall govern the imposition, enforcement,
collection of fines and administrative review process for violations of the City's Municipal Code; and
WHEREAS, the City Council further desires to provide those accused of violating the Temple City
Municipal Code or the City's ordinances with the due process rights of a fair hearing before an impartial
decision maker; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Article 1 [General Provisions] of the Temple City Municipal Code is amended to
include Chapter 4 [Administrative Citations], which shall read as follows:
Section 1400. Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. "Citation" means an administrative citation that is issued to a Responsible Person pursuant
to this chapter.
B. "City" means the City of Temple City.
C. "City Manager" means the City Manager for Temple City or his or her duly authorized
representative(s).
D. "Civil Fine" is the monetary sanction established by the City Council for a violation. "Civil
fine" shall include "civil penalty."
E. "Officer" means any individual employed by the City with enforcement authority of the
Temple City Municipal Code, or his or her duly authorized representative(s). Officer 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, or any other person designated by the City Manager in
writing.
F. "Hearing Officer" means the City Clerk or a representative appointed or designated by the
City Manager to consider all timely requests for an administrative hearing upon issuance of
an administrative citation.
G. "Owner" means and includes any person having legal title to, or who leases, rents,
occupies or has charge, control or possession of, any real property in the City, including all
persons identified as owners on the last equalized assessment roll of the Los Angeles
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County Assessor's Office. An owner of personal property or animals shall be any person
who has legal title, charge, control, or possession, of such property.
H. "Person" means and includes any individual, partnership of any kind, corporation, 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.
I. "Property" or "Premises" means 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.
J. "Responsible person" means any person, whether as an owner, or otherwise, that allows,
causes, creates, maintains, or permits a violation of the Temple City Municipal Code
(hereafter the "Code "), to exist or continue, by any act or the omission of any act or duty. A
Responsible Person may also be referred to as a "Citee."
Section 1401. Issuance of Administrative Citation.
A. Whenever an Officer determines that a violation that is subject to this chapter has occurred,
the Officer may issue an administrative citation imposing administrative fines or penalties to the
Responsible Person(s) in accordance with the requirements 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, safety, or welfare a citation may be issued forthwith.
In the absence of an immediate danger, a citation for such a violation shall not be issued pursuant to this
chapter unless the Responsible Person has first been provided proper notice and the opportunity to
correct the violations in accordance with the City's current enforcement approach as approved by either
the City Council or City Manager.
C. Each administrative citation shall contain the following information:
1. The name of the Responsible Person and any mailing address.
2. The date of commission of the violation(s) or its /their detection by the Officer.
3. The address or a definite description of the location where the violation(s) occurred.
4. A description of the violation(s) and the section(s) of the Code that pertain(s) thereto.
5. The amount(s) of the fine(s) for the violation(s) and late charge(s) if not timely paid.
6. A description of the fine payment process, including a description of the time within
which, and the place to which, the fine(s) shall be 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, including the time within
which the administrative citation may be appealed and the place from which a form to
appeal the administrative citation may be obtained.
9. The name and signature of the Officer, and the signature of the Responsible Person,
if that person is physically present and will sign the citation at the time of its issuance.
The refusal of a person to sign a citation shall not affect its validity or any related
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subsequent proceeding, nor shall signing a citation constitute an admission that a
Citee has committed a violation.
Section 1402. City Manager Authority.
A. The City Manager may dismiss an administrative citation at any time if it is determined to have
been issued in error or if such dismissal is determined to be in the furtherance of justice as determined in
the sole discretion of the City Manager, in which event any deposit of a fine made shall be refunded.
Notice of such action shall be given to the Citee in writing.
B. The City Manager is authorized to promulgate procedural rules and regulations governing the
civil administrative penalty citation and hearing process, including the delegation of the City Manager's
duties under this chapter.
Section 1403. Service of Administrative Citations.
A. An Officer issuing an administrative citation to a Responsible Person, on a form approved by
the City Attorney, shall do so in the following manner:
1. Personal service of an administrative citation upon an individual. If the Citee is an
entity, the officer may personally serve an employee, principal, partner, director,
officer or representative on behalf of said entity or organization. The date of personal
service shall constitute the issuance date of a citation.
2. Service of Citation by Posting. If service cannot be accomplished personally, the
Officer shall post the administrative citation on any real property in the City in which
the Responsible Person is known to have a legal interest in, or possession of, or
dominion and control of said property, or a portion thereof. The date of posting shall
constitute the issuance date of a citation.
3. Service of Citation by Mail. If personal service or by posting cannot be
accomplished, an administrative citation shall be mailed to the Responsible Person
by first class mail postage prepaid. The Officer shall utilize public records to
determine the last known mailing address for the Citee. The date of mailing shall
constitute the issuance date of a citation.
4. Service of Citation by Publication. If the Officer is unable to serve a Responsible
Person personally, by mail, or by posting, the Officer may cause the administrative
citation to be published in a newspaper of general circulation in the City. If served in
this manner, the publication shall be once a week for four successive weeks in a
newspaper published at least once a week.
B. The failure of a Responsible Person to receive a citation shall not invalidate any fine, late
charge, action or proceeding if service was given in a manner stated in this chapter.
Section 1404. Violations Subject to Administrative Citation or Penalty.
A. Notwithstanding any other provision of this Code to the contrary, a citation imposing the
appropriate administrative fine or penalty may be issued for the following violations of the Temple City
Municipal or Zoning Code (hereafter referred to as the "Code ").
1. Sections 3400 - 3415 (Street Obstructions).
2. Sections 3500 — 3591 (Park Regulations).
3. Section 3631 (Dog License Required).
4. Section 3650 (Vaccination — Time Periods).
5. Section 3660 (Leash Law).
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6. Section 4230 (Property Maintenance).
• (H)(1 -2) Overgrown Vegetation
• (I)(1 -3) Dead Trees, weeds, and debris
• (J) Storage of motorhomes, boats and trailers in public view
• (K) Inoperable Vehicles
• (M) Broken /discarded furniture in public view
• (N) Clothes line in front yard areas
• (0) Trashcans stored in public view
• (P) Packing boxes and debris in public view
• (W)(1 -3) Maintenance of commercial signs and structures
• (X)(1 -3) Inadequate landscaping
7. Section 4250 (Yard Sales / Garage Sales).
8. Sections 4502 – 4503 (Advertising Regulations).
9. Section 9117(h) (Home Occupation).
10. Section 9280 -9284 (Noise Regulations).
11. Section 9316 - 9319 (Fence Height).
12. Section 9320 - 9329 (Sign Regulations).
13. Section 9363 (Fence Height).
B. The City Council may, by future resolutions, designate other violations of the Code to be
subject to this chapter.
Section 1405. Administrative Fines.
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. Where the violation would otherwise be an infraction,
the administrative fine or penalty shall not exceed the maximum fine or penalty amounts of $100 for the
first offense, and $200 for the second offense, within a twelve month period as set forth in subdivision (b)
of Section 25132 and subdivision (b) of Section 36900 of the California Government Code. Where the
fine would otherwise be a misdemeanor, the administrative fine or penalty shall not exceed the maximum
fine or penalty amounts for misdemeanors set forth in Section 1200 of the Temple City Municipal Code,
and in Section 9460 of the Temple City Zoning Code. The amounts of fines may be modified by resolution
of the City Council from time to time.
B. The City Council may, by resolution, increase fines for a second violation of a section of the
Temple City Municipal Code by the same Responsible Person within a twelve (12) month period —
however, the limitations stated in Subpart (A) of this section shall apply to such increased fines.
Section 1406. Payment of Fines – Due Date.
A. The fine shall be paid to the City within fifteen (15) calendar days from the issuance date of an
administrative citation (hereafter the "Due Date "). Fine payments shall be payable and tendered to the
City of Temple City - Civic Center, 5938 Kauffman Avenue, Temple City, CA 91780. The failure of the
City to receive payment of a fine by the Due Date shall result in the imposition of a late charge as stated
in Section 1410 of this chapter.
B. Payment of an administrative fine shall not excuse or discharge a Citee from the duty to
immediately abate any unlawful condition, nor from any other responsibility or legal consequences for a
continuation or repeated occurrence(s) of a violation of the Code.
Section 1407. Right of Administrative Hearing.
A. Any recipient of an administrative citation 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 or at the Civic Center Facility, 5938 Kauffman Avenue, Temple City, CA 91780
within fifteen (15) calendar days from the issuance date of an administrative citation. If the City does not
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receive the request in the required period, the Responsible Person shall have waived the right to a
hearing and the citation shall be deemed final.
B. No fee shall be charged for the filing of a request for a hearing.
C. Requests for a hearing shall be accompanied by the fine stated in the citation. Failure to
deposit a fine, or the tender of a non - negotiable check in the required period, shall render a request for an
administrative hearing incomplete and untimely. Fines that are deposited with the City while a citation is
contested shall not accrue interest. Fines deposited shall be returned to the person tendering the fine in
the event the citation is overturned.
D. 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 a contesting person.
E. The person filing the request for a hearing shall be notified in writing by first class mail of the
date, time and place set for this proceeding which shall be conducted within sixty (60) days of the date a
timely and complete request is received by the City. Such notice shall be given at least ten (10) calendar
days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The
failure of a person to receive a properly addressed notice shall not invalidate the citation or any City
action or proceeding conducted pursuant to this chapter.
F. If the Officer submits an additional written report concerning the administrative citation to the
Office of the City Clerk for consideration at the hearing, then a copy of this report shall also be mailed via
first class mail to the person filing a request for an administrative hearing no less than three (3) calendar
days prior to the date of the hearing. Failure to receive said report shall not invalidate the citation or any
proceeding conducted pursuant to this chapter.
Section 1408. Administrative Citation Hearing — Procedures.
A. The City Manager may act as Hearing Officer or appoint or designate other persons to act as
Hearing Officer.
B. Administrative hearings are informal and 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 citation is prima -facie evidence of the violation, however, and the Officer who issued the
citation is not required to attend or participate at the hearing. The Citee(s), and Officer, if present, shall
have an opportunity to present evidence and to cross - examine witnesses. A Citee may bring an
interpreter to the hearing provided there is no expense to the City for this service provider. The Hearing
Officer may question any person who presents evidence or who testifies at any hearing.
C. A Citee 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, 9701 Las Tunas Drive, Temple City, CA 91780, at least three (3) calendar
days prior to the hearing. If the Responsible Person fails to attend the scheduled hearing or does not
submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a
hearing. In such an instance, the Hearing Officer shall render a final decision based on the citation and
documents and reports that have been provided by the Officer who issued the citation.
D. Hearings may be continued once at the request of a Citee or the Officer who issued the
citation. The Hearing Officer may also continue the hearing for cause.
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Section 1409. Hearing Officer Decision.
A. After considering all of the testimony and evidence submitted at the hearing, the Hearing
Officer shall issue a written decision to uphold or cancel the administrative citation and shall 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 state deadline(s) to
complete said action(s). The decision of the Hearing Officer shall be final.
B. The person(s) who requested a hearing shall be served by certified and first class mail with a
copy of the Hearing Officer's written decision. The failure of a person to receive a properly addressed
decision shall not invalidate any action or proceeding by the City pursuant to this chapter. The date of
mailing shall constitute the date of service of said decision.
C. Decisions of the Hearing Officer shall contain a statement setting forth the right to, and
timeframe for, judicial review in accordance with Government Code Section 53069.4(b) and Section 1412
of this chapter. If a timely appeal is not made, the decision of the Hearing Officer shall be deemed
confirmed.
D. If the citation is cancelled by the Hearing Officer, the City shall refund the fine deposit to the
Responsible Person(s) who tendered it. If the citation is cancelled by a judicial officer, the City shall
refund the fine deposit to the Responsible Person(s) who tendered it. This action shall be completed
within thirty (30) calendar days of the date of the City's receipt of notice of the court's decision.
Section 1410. Late Charge.
Failure to pay an administrative fine in a timely manner shall result in a late charge as established
by resolution of the City Council. The amount of this charge may be modified by the City Council from
time to time. In no event shall the amount of the late charge exceed the maximum amount of the
administrative fine, as provided in this chapter, for a given offense.
Section 1411. Recovery of Administrative Citation Fines, Late Charges and Costs.
The City may collect any past -due administrative citation fine or late charge in any manner
provided by law. The City also may recover its collection costs as allowed by law.
Section 1412. Judicial Review.
A. Any person seeking judicial review of a Hearing Officer's decision may file an appeal with the
superior court for the City's judicial district pursuant to Government Code Section 53069.4(b). A written
appeal must be filed with the clerk of the court within twenty (20) calendar days from service of the
Hearing Officer's decision. The court is the sole reviewing authority and an appeal from a Hearing
Officer's decision is not appealable to the City Council.
B. Any person seeking judicial review of a Hearing Officer's decision shall pay a filing fee of
$25.00 to the clerk of the court, or such other amount as the court may require, in accordance with
Government Code Section 53069.4(b)(2).
C. A person filing an appeal with the court shall also serve a copy thereof on the Office of the
City Clerk personally or by first -class mail, postage prepaid to City Hall, 9701 Las Tunas Drive, Temple
City, CA 91780.
D. If a Citee prevails on appeal, the City shall reimburse his or her filing fee, as well as refund the
fine deposit in accordance with a court judgment. These monies shall be tendered to the Citee within
thirty (30) calendar days of the City's receipt of a notice of judgment from the court clerk.
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Section 1413. Penalties.
A. With regard to violations of the provisions specified in Section 1404 that were classified as
misdemeanors by the Temple City Municipal Code prior to the adoption of this chapter, a third and any
subsequent violations thereof by a Responsible Person within a twelve -month period, shall constitute a
misdemeanor. Each and every day in which such a violation is maintained, continued or permitted
constitutes a new and separate offense.
B. With regard to violations of the provisions specified in Section 1404 that were classified as
infractions by the Temple City Municipal Code prior to the adoption of this chapter, and notwithstanding
any provision of Article 1 to the contrary, a third and any subsequent violations thereof by a Responsible
Person within a twelve -month period, shall constitute a misdemeanor. Each and every day in which such
a violation is maintained, continued or permitted constitutes a new and separate offense
C. The 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, shall constitute
a misdemeanor.
PASSED, APPROVED AND ADOPTED on this 15th day of February, 2005.
(
\C
MAYOR
ATTEST:
City Clerk
I, City Clerk of the City of Temple City, hereby certify that the foregoing ordinance, Ordinance No.
05 -895, was introduced at the regular meeting of the City Council of the City of Temple City held on the
1st day of February, 2005 and was duly passed, approved and adopted by said Council at the regular
meeting held on the 15th day of February, 2005 by the following vote:
AYES: Councilmember- Capra, Vizcarra, Wong, Arrighi, Zovak
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None