Chapter 1.10
ADMINISTRATIVE CITATIONS
Sections:
1.10.030 Enforcement authority.
1.10.050 Compliance orders and office conferences.
1.10.060 Administrative citation.
1.10.070 Administrative fines.
1.10.080 Issuing permits or licenses.
1.10.090 Administrative hearing.
1.10.100 Judicial review/right to appeal.
1.10.010 Purpose.
(a) This chapter is adopted pursuant to the city’s police powers and Government Code Section 53069.4 for the purpose of making any violation of the Cerritos Municipal Code subject to an administrative fine and to set forth procedures for the imposition and collection of such fines.
(b) The purpose and intent of this chapter is to ensure the health, safety, and welfare of the city’s residents and to provide an efficient and cost effective method of enforcing the Cerritos Municipal Code and the city’s ordinances. The purpose and intent of the city’s imposition of fines is to encourage compliance with and deter future violations of the Cerritos Municipal Code.
(c) The administrative enforcement procedures set forth in this chapter are in addition to all other legal remedies, criminal or civil, which the city may choose to pursue. Nothing in this chapter is intended to, or does, supersede, replace or otherwise limit the now existing powers of the city to enforce its laws. The use of this chapter is at the sole discretion of the city. (Ord. 945 § 1 (part), 2009)
1.10.020 Definitions.
(a) “Administrative citation” or “citation” means a citation issued pursuant to this chapter.
(b) “Responsible person” or “person responsible” means the person(s) to whom an enforcement officer issued an administrative citation pursuant to this chapter, and includes any of the following:
(1) A person who causes a code violation to occur;
(2) A person who maintains or allows a code violation to continue, by his or her action or failure to act;
(3) A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act;
(4) A person who is the owner of, and/or a person who is a lessee or sublessee with the current right of possession of, real property where a property-related code violation occurs; and
(5) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities on such premises.
(c) “Department director” means the director or designee for the department responsible for issuing a citation pursuant to this chapter.
(d) “Enforcement officer” means any individual authorized to issue an administrative citation pursuant to this chapter.
(e) “Violation” means any condition caused or permitted to exist in violation of any provision of this code or any ordinance of the city or of any condition of any permit or license required by this code and issued by the city. A violation may include failure to correct, abate, or remove any condition expressly prohibited by this code or any ordinance of the city or any such permit or license. (Ord. 945 § 1 (part), 2009)
1.10.030 Enforcement authority.
(a) The following designated officers and employees have the authority to administer and enforce the provisions of this chapter:
(1) Community and safety services director;
(2) Community development director;
(3) Code enforcement officers as authorized by the community and safety services director to enforce provisions of the Cerritos Municipal Code;
(b) In addition to the officials designated in subsection (a) of this section, the city manager may designate any individual to administer and enforce the provisions of this chapter. (Ord. 945 § 1 (part), 2009)
1.10.040 Scope.
(a) Any violation is subject to citation under this chapter.
(b) The procedures established in this chapter supplement and are in addition to any criminal or civil remedy established by law. Use of the provisions of this chapter does not waive the city’s ability to use any other enforcement remedies found within this code. (Ord. 945 § 1 (part), 2009)
1.10.050 Compliance orders and office conferences.
(a) Before issuing an administrative citation for any violation of the Cerritos Municipal Code, the enforcement officer must first issue a written compliance order and provide an opportunity for an office conference to the responsible person(s) for the violation(s) unless the violation constitutes an immediate threat to public health or safety. The compliance order must contain all of the following:
(1) The date on which, and geographic location where, the violation was observed;
(2) The section number of this code violated;
(3) A description of the conditions causing the code violation;
(4) Actions required to correct the violation;
(5) A reasonable time period for the correction of the violation; and
(6) Notice that if the violation is not corrected by the date specified in the compliance order, that an administrative citation may be issued and administrative fines imposed for failure to correct violations by the date specified.
(b) Violations under the authority of the property preservation commission require an adopted resolution to precede the issuance of an administrative citation.
(c) Correction of Violation. No further action is required if the enforcement officer determines that all violations in the compliance order were cured. If the enforcement officer determines that all violations were not corrected within the time specified, an administrative citation may be issued to each person named in the compliance order as a responsible person. (Ord. 945 § 1 (part), 2009)
1.10.060 Administrative citation.
(a) Issuing Administrative Citations. An enforcement officer may issue an administrative citation in a form approved by the city manager to the responsible person for any violation by either personal service or by mail as described in subsections (a)(1) and (a)(2) of this section. If after reasonable efforts the enforcement officer is unable to serve the citation by such methods, then the enforcement officer may serve the citation by posting the citation as described in subsection (a)(3) of this section. If after reasonable efforts the enforcement officer is unable to serve the citation by personal service, or by mail, or by posting as described below, then the enforcement officer may serve the citation by publication as set forth in subsection (a)(4) of this section.
(1) Personal Service. In any case where an administrative citation is issued by personal service, the enforcement officer must personally serve the responsible person with the administrative citation. Service under this subsection is effective at the time the notice is personally served.
(2) Service of Citation by Mail. In any case where an administrative citation is served by mail, the administrative citation must be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt, and by first class mail. Service of the administrative citation is deemed effective upon return. If the administrative citation is returned unsigned, then service is deemed effective pursuant to first class mail ten days after the citation is placed in the mail with first class postage, provided the citation sent by first class mail is not returned.
(3) Service of Citation by Posting. If the enforcement officer is unable to serve the administrative citation by personal service, or by certified or first class mail, a copy of the citation may be posted on any real property within the city in which the enforcement officer has reasonable belief that the responsible person may be found or in which the responsible person has a legal interest. Service under this subsection is deemed effective twenty-four hours after the notice is posted.
(4) Service of Citation by Publication. If the enforcement officer cannot serve the administrative citation by personal service, or by certified or first class mail, or by posting, the citation may be published in at least one newspaper circulated in the city. The publication must be once a week for four successive weeks in a newspaper published at least once per week. Service under this subsection is deemed effective twenty-four hours after the fourth weekly publication of the notice.
(b) The administrative citation must contain the following information:
(1) The date the administrative citation is issued;
(2) The code section(s) violated and a brief description of the conditions resulting in the violation(s);
(3) The date, approximate time, and address or description of the location where the violation(s) occurred;
(4) The amount of fine imposed for the violation;
(5) The manner by which the administrative citation may be paid, including location where payments may be tendered and the due date for paying the fine;
(6) A description of the penalties for failure to pay the fine;
(7) A brief description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which a request for review of the citation may be requested;
(8) To the extent reasonably practical, the full legal name of the responsible person(s), the responsible person’s current residential address and mailing address, the responsible person’s telephone number, and the responsible person’s signature;
(9) An order prohibiting the continued or repeated occurrence of the violation described in the administrative citation; and
(10) The name of the enforcement officer. (Ord. 945 § 1 (part), 2009)
1.10.070 Administrative fines.
(a) Any responsible person who receives an administrative citation is subject to the payment of fines as set out in the penalty schedule for administrative fines as adopted by city council resolution. An administrative penalty may be assessed by means of an administrative citation issued by an enforcement officer, and is payable directly to the city of Cerritos. A portion of each penalty constitutes reimbursement for the city’s administrative expenses in issuing and processing the citation. Penalties must be collected in accordance with the procedures specified in this chapter. Payment of a penalty does not excuse the failure to correct the violation nor does it bar further enforcement action by the city. In the case of violations of the building, plumbing or electrical codes, an administrative citation cannot be issued until after the responsible party is provided notice and a reasonable opportunity to correct the violation, and failed to do so.
(b) Payment of Administrative Fines. An administrative citation fine must be paid to the city within thirty days from the date of the administrative citation fine.
(c) Delinquency Penalty. Any person, who fails to pay to the city the amount of any fine imposed pursuant to the provisions of this section, is liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to one hundred percent of the amount due the city not to exceed one hundred dollars, or if a portion of the fine amount was timely paid one hundred percent of the amount of the fine remaining unpaid to the city not to exceed one hundred dollars.
(d) Failure of any person to pay the fines assessed by an administrative citation may result in the matter being referred for collection which may include, without limitation, the filing of a small claims court action. (Ord. 945 § 1 (part), 2009)
1.10.080 Issuing permits or licenses.
If an enforcement officer issues an administrative citation because the responsible person(s) lacks a required permit or license required by this code, and the fine is delinquent, the city will not issue the permit or license until the delinquent fine, and any applicable penalties and interest, is paid. (Ord. 945 § 1 (part), 2009)
1.10.090 Administrative hearing.
(a) Request for Hearing. If the responsible person wishes to contest the issuance of an administrative citation, the responsible person must request an administrative hearing within fifteen days after the date the city served the responsible person with the administrative citation. Requests must be submitted to the designate of the city manager and be accompanied by an advance deposit of the fine or request a hardship waiver.
(b) Hardship Waiver. A responsible person financially unable to make an advance deposit of the administrative fine may file for a hardship waiver. The request must be filed in conjunction with the request for an administrative hearing as directed by the city manager.
(1) The city manager’s designate will review the request and determine whether a waiver is justified. A waiver may only be approved if the request for waiver is accompanied by an affidavit signed under penalty of perjury, together with any supporting documents or materials demonstrating the actual financial inability to deposit the full amount of the fine.
(2) The city manager’s designate will inform the responsible person in writing within fifteen days regarding whether the waiver was approved. The determination must be served upon the responsible person by mail at the address provided in the waiver application. The city manager’s designate’s determination is final.
(3) Should the city manager’s designate determine that a waiver is not justified, the responsible person must deposit the fine amount with the city not later than fifteen days after the date of that decision. Failure to make a deposit within fifteen days after waiver denial is deemed a waiver of the responsible person’s right to an administrative hearing and the administrative fine will be deemed delinquent.
(c) Notification of Hearing. Upon receipt of the payment of the administrative fine and request for a hearing, the city shall give notice to the responsible person of the time, date, and location of the hearing. The hearing shall be held not less than fifteen days nor more than sixty days after the receipt of the request. Any documentation, other than the administrative citation, that the enforcement official has submitted or will submit to the hearing officer shall be sent to the responsible person by regular first class mail at least five days before the date on which the hearing is scheduled. The documentation shall be made available upon request at the time of the hearing.
(d) Selection of Hearing Officer. The city manager may designate the hearing officer for the administrative citation hearing by appointment or contract.
(e) Evidentiary Rules. The city bears the burden of proving a violation of the code by a preponderance of the evidence. The administrative citation and any additional reports submitted by the enforcement official constitutes prima facie evidence of the respective facts contained in those documents. Both the responsible person and the enforcement officer have the opportunity to testify, cross-examine witnesses and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Formal rules of evidence do not apply, but all evidence presented must be relevant and material to the issues of whether the violation alleged in the citation occurred or whether the responsible person was responsible for the violation.
(f) Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the responsible person may request that the hearing officer decide the matter based upon the citation itself and written argument and any documentary evidence signed under penalty of perjury submitted prior to the time of the scheduled hearing by the responsible person.
(g) Failure to Appear at Hearing. Failure of a responsible person to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer must then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the enforcement officer.
(h) Attendance of Enforcement Officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend, the enforcement officer may before the hearing date submit reports, photos, or other documentation regarding the violation to the hearing officer for consideration at the hearing.
(i) Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or responsible person before issuing a written decision.
(j) Decision of Hearing Officer. Based upon the evidence presented, the hearing officer shall provide a written decision to the parties within fifteen days of the hearing. (Ord. 945 § 1 (part), 2009)
1.10.100 Judicial review/right to appeal.
If an administrative order is rendered in favor of the city, the responsible person may seek judicial review of the administrative order in the Los Angeles County Superior Court, Bellflower District, by filing an appeal of the administrative order pursuant to, and paying the fee required by, Government Code Section 53069.4 within twenty days after service of the administrative order. Pursuant to Government Code Section 53069.4, the appealing party must serve a copy of the notice of appeal in person or by first class mail upon the city clerk. If no notice of appeal is filed within the twenty-day period, the decision is final. (Ord. 945 § 1 (part), 2009)