HomeMy Public PortalAboutOrd. 1598ORDINANCE NO. 1598
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA AMENDING CHAPTER 20 OF THE LYNWOOD MUNICIPAL CODE
REGARDING ADMINISTRATIVE CITATIONS AND FINES
SECTION 1. Subsection 1 of Section 1 in Chapter 20 of the Lynwood Municipal
Code is added to read as follows:
in addition to any other remedy provided by this Municipal Code, the violation of any
provision of this Municipal Code may be enforced by and administrative citation issued
under Chapter 20 ".
SECTION 2. Subsection 1 of Section 1 in Chapter 20 (Penalty Provisions) of the
Lynwood Municipal Code is added to read as follows:
In addition to any other remedy provided by this Municipal Code, the violation of any
provision of this Municipal Code may be enforced by an administrative citation issued
under Chapter 20.
SECTION 3. Chapter 20 (Administrative Citation and Fines) is added to the
Lynwood Municipal Code to read as follows:
CHAPTER 20
ADMINISTRATIVE CITATIONS AND FINES
Sections:
1. Findings and Purpose
2. Definitions
3. Issuance of Administrative Citation
4. Service Procedures
5. Contents of Notice
6. Satisfaction of Administrative Citation
7. Appeal of Citation
8. Hardship Waiver
9. Hearing Officer
10. Hearing Procedure
11. Hearing Officer's Decision
12. Failure to Pay Fines
13. Reduction of Cumulative Fines
14. Late Payment Charges
15. Judicial Review
16. Procedural Compliance
17. Remedies Cumulative
1. Findings and Purpose.
(a) The City Council finds that there is a reed for an alternative method of
enforcement for ordinances, permits and entitlements, reviews, and city agreements.
The City Council also finds that an appropriate method for enforcement of various
violations is an Administrative Citation Program that will reduce the burden on the
judicial system while providing full due process for those citied.
(b) The procedures established in this Chapter are in addition to criminal, civil
or other legal remedies that may be available to the City of Lynwood to enforce the
provision of this Municipal Code and /or permits and entitlements, as defined in this
Chapter.
(c) The City Council finds that administrative penalties, which are authorized
by California Constitution Article, Section 7 and Government Code Section 53069.4, are
an appropriate alternative method of enforcement of the provision of this Municipal
Code.
(d) The City Council finds and determines that enforcement of the provisions
of the Lynwood Municipal Code and enforcement of the conditions of entitlements or
permits are municipal affairs as well as matters of purely local concern to the citizens of
Lynwood.
(e) The City Council finds that the adoption and implementation of this
Administrative Citation program is within the power and authority of the City of Lynwood
and will achieve the following goals:
1. To protect the public health, safety and welfare of the citizens of the
City of Lynwood
2. To help ensure compliance with the Municipal Code and State
Codes, ordinances, permits and entitlements, reviews, and city
agreements in a timely and efficient manner;
3. To provide for an administrative process to appeal the imposition of
administrative citations and fines that will full comport with due process;
4. To provide a method to hold parties responsible when they fall or
refuse to comply with the provisions of the Municipal Code, ordinances,
permits and entitlements, reviews, and city agreements in the City of
Lynwood;
5. To reduce the burden of the judicial system and minimize the time
and expense of defending the citation on the part of the person cited.
2. Definitions
(a) "Administrative Citation" means a written notice, on a form to be approved
by the City Manager, which mandates corrective action and establishes a
fine as a penalty for non - compliance.
(b) "City Agreement" includes but is not limited to a development agreement,
owner participation agreement, disposition and development agreement,
road maintenance agreement, easement, license, other real property use
agreement, and agreement to implement an ordinance, plan, permit,
entitlement, or review approved by the City.
(c) "City Manager" means the City Manager of the City of Lynwood, or his or
her designee
(d) "Enforcement Officer" shall mean any person authorized by the City
Manager to enforce the provision of the Lynwood Municipal Code.
(e) "Hearing Officer" means the person selected by the City Manager to
conduct am administrative hearing pursuant to the provisions of this
Chapter
(f) "Environmental Review" includes but is not limited to a development
review, environmental impact report, mitigated negative declaration,
negative declaration, and determination of categorical exemption.
(g) "Municipal Code" shall mean the Lynwood Municipal Code and /or
incorporated therein.
(h) "Permit or entitlement" includes, but is not limited to, a conditional use
permit, sign permit, variance, specific plan, parcel map, subdivision map,
building or grading permit, encroachment or right -of -way permit, business
license, storm water permit, and /or any other permit or approval that is
required or authorized by, or promulgated pursuant to, the Lynwood
Municipal Code, City agreement, Federal law, State law and /or any
regulations promulgated there under.
(i) "Responsible Person" means an individual, partnership, corporation,
limited liability company, nonprofit corporation, trustee, association or any
other legal entity, and who is any of the following:
a. The owner or occupant of real property
b. The holder or the agent of the holder of any permit, entitlement, or
review,
c. The party or the agent of the party to an agreement covered by this
Chapter,
d. The owner or the authorized agent of any business, company or entity
subject to this Chapter; or
e. The parent or legal guardian of any such person under the age of 18
years and who violates any ordinance, regulation, permit, entitlement,
review, or agreement described in Section 20.
3. Issuance of Administrative Citation, Fines.
(a) Any person who violates any provision of the Lynwood Municipal code or
regulation of the City, any condition of approval of a permit or entitlement, any
conditions of an environmental review, or any term or condition of any City agreement
made pursuant to the City's police power and regulatory authority may be issued an
administrative citation by an Enforcement Officer as provided in this Chapter. A
violation of this Code includes, but is not limited to, all imposed by any entitlement,
permit, and City agreement or environmental review issued or approved pursuant to this
Code.
(b) Each and every day that a violation of the Municipal Code, permit and /or
entitlement exists constitutes a separate and distinct offense. A separate citation may
be issued for each day a violation occurs.
(c) A civil fine shall be assessed by means of an administrative citation issued
by the Enforcement Officer and shall be payable directly to the City of Lynwood.
(d) Fines shall be assessed in the amounts set forth in this Chapter, or as
alternatively specified by resolution of the City Council. In no event, however, may the
base fine imposed exceed the following limits:
Where the violation would otherwise be an infraction, the
administrative fine or penalty shall not exceed:
a) One hundred dollars ($100.00) for first violation
b) Two hundred dollars ($200.00) for a second violation of the
same ordinance or permit within a twelve (12) month period
from the date of the first violation: OR five hundred dollars
($500.00) for a second violation of the same building and safety
ordinance or permit within a twelve (12) month period from the
date of the first building and safety violation
c) Five hundred ($500.00) for the third violation of the same
ordinance or permit within a twelve (12) month period from the
date of the first violation; OR, five hundred dollars ($500.00) for
a third or subsequent violation of the same building and safety
ordinance or permit within a twelve (12) month period from the
date of the first building and safety violation.
2. Where the violation would otherwise be a misdemeanor, the
administrative fine or penalty shall not exceed five hundred dollars
($500.00)
(e) A second or subsequent violation need only be of the same ordinance,
term or condition to require the larger fine, and need not involve the same
personnel or property, provided that the same responsible person is cited.
The fine amounts shall be cumulative where multiple citations are issued.
(f) If the violation pertains to building, plumbing, electrical, or other similar
structural or zoning issues that do not create an immediate danger to
health and safety, then the responsible person shall be issued a warning
only on the first violation. The warning will advise the responsible person
of the nature of the violation and the date by which the violation must be
corrected. The responsible person will be given fifteen (15) days to
correct the violation. If the violation is not corrected within that time
period, am administrative citation with a time shall be issued.
Notwithstanding the foregoing, administrative citation may be issued
without compliance with the prior notice requirement, or with a reduced
period within which a violation must be corrected if such violation creates
an immediate danger to health or safety.
4. Service Procedures
a) Administrative citation may be issued to the responsible person
by an Enforcement Officer for violations of the Municipal Code,
permit or entitlement and /or City agreement in the following
manner:
1. Personal Service.
a) The Enforcement Officer may attempt to locate and
personally serve the responsible person and obtain the
signature of the responsible person on the administrative
citation.
b) If the responsible person served refuses or fails to sign
the administrative citation, the failure or refusal to sign shall not
affect the validity of the administrative citation or of subsequent
proceedings.
2. Service of Citation by Mail. In the alternative, the
administrative citation may be mailed to the responsible
person by certified mail, postage prepaid with a
requested return receipt. Simultaneously, the citation
may be sent by a first class mail, postage prepaid. If the
citation is sent by certified mail and returned unsigned,
then service shall be deemed effective pursuant to first
class mail, provided the citation sent by first class mail is
not returned. The failure of any responsible party to
receive a properly addressed administrative citation shall
not affect the validity of the notice. Service of the
administrative citation in the manner described shall be
effective on the date of the mailing.
3. Service by Citation by Posting Notice. If the Enforcement
Officer does not succeed in personally serving the
responsible person, or by certified mail or regular mail,
the Enforcement Officer shall post the administrative
citation in a conspicuous place upon any real property
within the City in which the City has knowledge that the
responsible person has a legal and /or beneficial interest,
and such posting shall be deemed effective service.
Failure of a posted notice to remain in place after posting
shall in no way affect the validity of the citation or the
subsequent posting.
b) The Enforcement Officer must complete a declaration regarding
the date, time and manner of service of the citation.
5. Contents of Notice
(a) Each administrative citation shall contain the following information:
(1)
Date, approximate time and address or detailed description of the
location where the violation(s) was observed;
(2)
The Code sections or conditions violated and a description of the
violation(s);
(3)
An order to the responsible person to correct the violations within
the time specified in Section 20 above, if applicable, and an
explanation of the consequences of failure to correct the
violation(s)
(4)
An order prohibiting the continuation or repeated occurrence of
the violation described in the administrative citation:
(5)
The amount of the fine for the violation(s);
(6)
An explanation of how the fine shall be paid and the time period
by which it shall be paid;
(7)
A notification that payment of the fine does not excuse or
discharge the failure to correct the violation and does not bar
further enforcement action by the City;
(8)
A statement that if the fine is not timely paid, a late payment
penalty of twenty -five (25) percent of the amount of the fine will be
added to the fine;
(9)
Identification of rights of appeal, including the time within which
the citation may be contested and the place to obtain a request
for hearing form to contest the administrative citation; and
(10)
The name and signature of the Enforcement Officer, the name
and address of the responsible person, and, if possible the
signature of the responsible person
6. Satisfaction of Administrative Citation
(a) Upon receipt of an administrative citation, the responsible person must do the
following:
(1) Correct the violation by the correction date on the
administrative citation; and
(2) Pay the specified fine to the City within thirty (30) days from
the date the administrative citation is served. All fines
assessed shall be payable to the City of Lynwood. Payment
of a fine shall not excuse or discharge the failure to correct the
violation(s) nor shall it bar further enforcement action by the
City; or
(3) Contest the administrative citation and request an
Administrative Hearing within thirty (30) days from the
administrative citation is served.
7. Appeal of Citation
(a) Any recipient of an administrative citation may contest that there was a
violation of the Municipal code or that he or she is the responsible person by
completing a request for hearing form and returning it to the City within thirty
(30) days from the date the administrative citation is served. The request
must be made in writing, and may be delivered by mail, it shall be deemed
received as of the two days following the date of the posting. The request
shall be filed with the Code Enforcement Division of the Quality of Life
Services Department. The person requesting the administrative review shall
set forth, with particularity, the reasons he or she believes a violation did not
occur or that the person cited is not the responsible party, together with a
copy of the administrative citation in question. Failure to timely file a written
request for an Administrative hearing shall constitute a bar to any further
administrative review rights.
(b) The request for hearing form must be accompanied by either an advanced
deposit of the fine or a request for a hardship waiver. Any administrative
citation fine which has been deposited shall be refunded if it is determined,
after a` hearing that the person charged in the administrative citation was not
responsible for the violation(s), or that there were no violation(s) as charged
in the administrative citation.
8. Hardship Waiver
(a) A person who files a request for an Administrative Hearing may also
contemporaneously request a hardship waiver of the fine deposit. To
seek such a waiver and obtain a separate hearing on the request, the
responsible person must check the box indicating this request on the form
contained on the reverse side of the citation and attach a statement of the
grounds for the request. To be effective, the request for the hardship
waiver and the request for an Administrative Hearing must both be
received by the City manager's Office within 15 days of the date the
citation is issued.
(b) The request for waiver of the advance deposit must also be accompanied
by a sworn affidavit, together with any supporting documents or materials,
demonstrating to the satisfaction of the City manager of the person's
actual financial inability to deposit with the City the full amount of the fine
in advance of the hearing.
(c) The City Manager shall inform the party requesting the waiver whether the
waiver was approved, by serving the party with a written determination of
the request either personally or by mail at the address provided in the
waiver application. The City Manager's determination on the waiver
request shall be final and is not subject to appeal to the City Council.
(d) If the waiver is denied, the responsible party shall submit the fine amount
to the City within ten (10) days. Failure to make deposit by the time
required shall be deemed an abandonment of the contest, and renders the
fine delinquent.
9. Hearing Officer
(a) The City Manager or his designee shall select a fair and impartial hearing
officer from a panel of hearing officers selected by City Council for the
administrative citation hearing. The Hearing Officer shall not be a current
Lynwood City employee.
(b) The employment, performance evaluation, compensation and benefits of
the Hearing Officer, if any, shall not be directly or indirectly conditioned
upon the amount of administrative citation fines upheld by the Hearing
Officer.
10. Hearing Procedure
(a) No hearing to contest an administrative citation before a Hearing Officer
shall be held unless and until a request for hearing form has been
completed and submitted, and, the fine has been deposited in advance, or
an advance deposit hardship waiver has been approve by the City
Manager.
(b) A hearing before the Hearing Officer shall be set for a date that is not less
than fifteen (15) and not more than sixty (60) days from the date that the
request for hearing is filed in accordance with the provisions of this
Chapter. The responsible party requesting the hearing shall be notified of
the time and place set for the hearing at least ten (10) days prior to the
date of the hearing.
(c) At least ten (10) days prior to the hearing, the recipient of an
administrative citation shall be provided with copies of citations, reports
and other documents submitted or relied upon by the Enforcement Officer.
If, after copies of documents have been provided to the responsible party,
the City determines to submit to the hearing Officer additional documents
then whenever possible, a copy of such documents shall be provided to
party prior to the hearing. No other discovery is permitted. Formal rules
of evidence shall not apply.
(d) The Hearing Officer shall only consider evidence that is relevant to
whether the violation(s) occurred and whether the responsible person has
caused or maintained the violation(s). Courtroom rules of evidence shall
not apply. Relevant hearsay evidence and written reports may be
admitted whether or not the speaker or author is present to testify, if the
Hearing Officer determines that the evidence is reliable. Admission of
evidence and the conduct of the hearing shall be controlled by the Hearing
Officer in accordance with the fundamentals of due process. The Hearing
Officer may limit the total length of the hearing to one hour, and shall allow
the responsible party at least as much time to present its case as is
allowed the City.
(e) At the hearing, the party requesting the hearing shall be given the
opportunity to present, either themselves or through a representative,
evidence and testimony concerning the administrative citation. The City's
case shall be presented by an Enforcement Officer or by any other
authorized agent of the City.
(f) The failure of the responsible party, either personally or through counsel,
of an administrative citation to appear at the administrative citation hearing
shall be deemed an admission that the citation in question was
appropriately and validly issued, resulting an a forfeiture of the fine.
(g) The Hearing Officer may consolidate administrative citations issued to the
same owner or responsible party.
(h) The Hearing Officer may continue the hearing and request additional
information from the Enforcement Officer or the recipient of the
administrative citation prior to issuing a written decision.
(i) The City Manager shall promulgate and establish all appropriate
administrative regulations for implementation of this ordinance, the
conduct of the administrative hearings and the issuance of decisions
pursuant to this section.
11. Hearing Officer's Decision
(a) After considering all of the testimony and evidence submitted at the
hearing, the Hearing Officer may announce a decision orally, but in any
event, shall prepare a written decision. The decision shall be provided to
the parties within ten (10) days of the hearing and shall either affirm the
issuance of the citation as issued or dismiss the citation. The decision
shall briefly state the reasons for the conclusion of the Hearing Officer.
The City shall either make arrangements for personal service of the Notice
of decision for the Administrative Hearing to the responsible party or for
the mailing of the same by certified mail, postage prepaid, return receipt
requested. The decision of the Hearing Officer shall be final. If the
Hearing Officer determines that First amendment rights are involved, the
decision shall be issued orally at the conclusion of the hearing and shall
be effective immediately. A written decision shall thereafter be issued as
provided herein below.
(b) If the Hearing Officer affirms the issuance of the administrative citation,
then the deposit with the City shall be retained by the City. If a hardship
waiver was granted, the decision shall set forth a payment schedule for
the fine.
(c) If the Hearing Officer determines that the administrative citation should be
cancelled, then the City shall refund any deposit within ten (10) days of
the Hearing Officer's decision.
(d) The Hearing Officer shall not have the power to reduce the fine. The
Hearing Officer may impose conditions and deadlines to correct any
violation or require payment of any outstanding penalties.
12. Failure to Pay Fines.
(a) The failure of any person to pay the civil fines imposed by an
administrative citation with the time specified on the citation may result in
the filing of a claim with the Small Claims Court or the Superior Court for
recovery of the fine. The only issue to be adjudicated by the court shall be
whether or not the fines were paid. A person cited may only obtain judicial
review of the validity of the citation by writ of mandate after exhausting
their administrative remedies by requesting and participating in an
administrative hearing before a hearing office. In the court action, the City
may also recover its collection costs, including the cost of the Hearing
Officer, and any court fees, according to proof.
(b) In lieu of or in addition to the filing of a court action, the City may impose a
Code Enforcement Lien, in the amount of the fine plus interest and late
charges, on the real property upon which the violation occurs. Any lien
imposed pursuant to this chapter shall attach upon the recordation of a
Notice of Code Enforcement Lien in the Office of the County Recorder.
(c) The City at its discretion may pursue any and all legal and equitable
remedies for the collection of unpaid fines, interest and penalties. The
use of one recovery method does not preclude the use of any other
recovery method.
13. Reduction of Cumulative Fines.
If the violation is corrected within a reasonable time after the decision of the
Hearing Officer, the City Manager shall have the discretion to reduce any
cumulative fines to a total of not less than one thousand dollars ($1,000.00)
upon good cause shown by the responsible person. The determination of the
City Manager shall be final and shall not be subject to appeal or judicial
review. Fines shall not otherwise be reduced.
14. Late Payment Charges
Any responsible party who fails to pay a fine imposed by this Chapter on or
before the date that payment is due, shall also be liable for the payment of a
late payment charge of twenty -five percent (25 %) of the fine. In addition,
delinquent fines shall accrue simple interest at the rate of ten percent (10 %)
per year, excluding penalties, from the due date.
15. Judicial Review
Any party aggrieved by an administrative decision of a Hearing Officer on any
administrative citation may obtain review of the administrative decision by
filing a petition for review with the Los Angeles Superior Court in accordance
with the timelines and provisions as set forth in California Government Code
Section 53069.4. Said procedure shall fall under this Chapter,
notwithstanding that the term or condition being enforced pursuant to this
Chapter may not be a matter covered by Section 53069.4(a). Judicial review
of a citation shall not be available without first participating in a hearing as
provided in this Chapter.
16. Procedural Compliance
Failure to comply with any procedural requirement of this Chapter, to receive
any notice or decision specified in this Chapter, or to receive any copy
required to be provided by this Chapter shall not affect the validity of
proceedings conducted hereunder unless the responsible person is denied
constitutional due process thereby.
17. Remedies Cumulative
The remedies afforded to the City by this Chapter for violations of this
Municipal Code are cumulative in nature and are in addition to any other
remedy provided by this Municipal Code including, without limitation, those
set forth in Chapter 20 of this Municipal code.
Section 4. If any section, sentence, clause or phrase of this Ordinance is determined
to be invalid, illegal or unconstitutional by a decision or order of any court or agency or
competent jurisdiction, then such decision or order will not affect the validity and
enforceability of the remaining portion of this Ordinance. The City Council declares that
it would have passed and adopted this Ordinance, and each section, sentence, clause
or phase thereof, regardless of the fact that any one or more section, sections,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 5. This Ordinance shall be effective thirty (30) days following its adoption.
Within (15) days following its adoption, the City Clerk shall publish this Ordinance, or the
title thereof, as a summary as required by state law.
Section 6. The City Clerk shall certify to the passage of this Ordinance and cause the
same to be published in accordance with the provisions of State law in a newspaper of
general circulation designated for legal notice publication in the City of Lynwood.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of
Lynwood, California, held the 5th day of February, 2008 and thereafter PASSED AND
ADOPTED at a regular meeting of the City Council of the City of Lynwood, California,
held on the 19th day of February, 2008, by the following vote:
ATTEST:
K/laria Quinonez, City Cler
APPROVED AS TO CONTENT:
Debora Jackson Director
Quality of Life Services
Maria T. Santillan, Mayor
I Me- 08M.-FA City Manager
APPROVED AS TO FORM:
9/\�
I F. Salinas, Interim City Attorney
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 19th day of February, 2008.
AYES: COUNCIL MEMBER CASTRO, FLORES, RODRIGUEZ AND
SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria Quinonez, ity Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Ordinance No. 1598 on file in my office and that said Ordinance was adopted on
the date and by the vote therein stated. Dated this 19th day of February, 2007.
Maria Quinonez, City Clerk