Chapter 1.20
ADMINISTRATIVE CITATIONS
Sections:
1.20.030 Administrative citation.
1.20.070 Appeal hearing procedure.
1.20.080 Decision of the hearing officer.
1.20.010 Applicability.
A. This chapter provides for administrative citations which are in addition to all other legal remedies.
B. Use of this chapter shall be at the sole discretion of the City. [Ord. 1333 § 3, 2015; Ord. 1091 § 1, 2003; Ord. 1017 § 1.20.010, 1996].
1.20.020 Enforcement Officer.
For purposes of this chapter, “Enforcement Officer” shall mean any City employee or any agent of the City with the authority to enforce any provision of this code, codes adopted by the City, or State laws enforceable by the City. [Ord. 1333 § 3, 2015; Ord. 1091 § 1, 2003. Formerly 1.20.015].
1.20.030 Administrative citation.
A. It shall be unlawful for any person or entity to violate any ordinance of the City, provision of this code, any code adopted by the City, or State law enforceable by the City. Whenever an Enforcement Officer determines that a violation has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person or entity responsible for the violation.
B. A person responsible for the violation includes, but is not limited to, the person or entity causing, permitting or maintaining such violation, any person in charge of or in control of the location where the violation occurs, and any tenant or owner of the property where the violation occurs.
C. Each administrative citation shall contain the following information where applicable:
1. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
2. The address or a description of the location where the violation occurred;
3. The section of the Lake Elsinore Municipal Code or other law violated and a brief description of the violation;
4. The amount of the fine for the code violation;
5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
6. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
7. The name and signature of the citing Enforcement Officer.
D. When an administrative citation is issued for a violation of LEMC Title 15 or 17 and the violation does not create an immediate danger to health or safety, a citee shall have at least 10 days to correct or otherwise remedy the violation or more if deemed necessary by the Enforcement Officer. Such correction period shall begin to run from the date on the citation. No such person or entity shall be liable for an administrative fine unless and until such violation continues after expiration of the time period allowed for correction, as specified on the administrative citation. If such violation continues after correction period expires, the administrative fine shall be due and payable as provided herein.
E. Administrative fines and penalties for late payment shall be assessed in amounts specified by resolution of the City Council. [Ord. 1333 § 3, 2015; Ord. 1091 § 1, 2003; Ord. 1017 § 1.20.020, 1996. Formerly 1.20.020].
1.20.040 Payment of the fine.
A. The fine shall be paid to the City within 30 days from the date of the administrative citation.
B. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. [Ord. 1333 § 3, 2015; Ord. 1091 § 1, 2003. Formerly 1.20.028].
1.20.050 Service of notice.
Service of notices required under this chapter shall be made by the following means:
A. By personal service on the violator; or
B. By certified mail to the last known address or address of the violator as shown on the County’s Assessor’s most recent tax rolls. Service shall be completed at the time of deposit in the U.S. mail. [Ord. 1333 § 3, 2015; Ord. 1017 § 1.20.030, 1996. Formerly 1.20.030].
1.20.060 Request for appeal.
Any person ordered to pay an administrative penalty for violating a City ordinance or other law as enforced by the City may request an appeal within 15 calendar days of the citation issuance by paying any applicable fee as established by resolution of the City Council and depositing the full amount of the penalty with a request for an appeal to the City Manager or designee that provides a written explanation of the grounds for appeal. Failure to timely and properly file an appeal in accordance with this section constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. [Ord. 1333 § 3, 2015; Ord. 1017 § 1.20.040, 1996. Formerly 1.20.040].
1.20.070 Appeal hearing procedure.
A. If an appeal is timely and properly filed, a hearing officer designated by the City Manager shall set a hearing for not more than 30 days from receipt of the appeal and notify the appellant of the hearing at least 10 days prior pursuant to LEMC 1.20.050.
B. At the hearing, a neutral hearing officer designated by the City shall consider only relevant evidence in determining whether to affirm or reverse the administrative penalty. Other rules of evidence shall not apply. The grounds for appeal shall be limited to those stated in the request for an appeal submitted pursuant to LEMC 1.20.060.
C. The compensation of the hearing officer shall not depend on the determination of the hearing officer. [Ord. 1333 § 3, 2015; Ord. 1017 § 1.20.050, 1996. Formerly 1.20.050].
1.20.080 Decision of the hearing officer.
Within 10 days of the hearing, the hearing officer shall determine whether a violation has occurred and issue a written decision, which shall be served on the appellant pursuant to LEMC 1.20.050. The hearing officer’s decision may affirm or reverse the administrative penalty. The hearing officer’s decision shall be final and, in the event the administrative penalty is affirmed, such decision shall inform the appellant of the right to appeal the decision by judicial review. [Ord. 1333 § 3, 2015; Ord. 1017 § 1.20.060, 1996. Formerly 1.20.060].
1.20.090 Cumulative remedies.
The remedies provided in this chapter are intended to be cumulative of each other and not exclusive. Any remedy provided by law may be pursued individually, consecutively or in conjunction with each other. Nothing in this chapter shall prevent the City from initiating a civil or criminal proceeding, or any other legal or equitable proceeding in lieu of or in addition to the proceedings set forth in this chapter. [Ord. 1333 § 3, 2015; Ord. 1017 § 1.20.070, 1996. Formerly 1.20.070].
1.20.100 Collection of fines.
The administrative fines imposed pursuant to this chapter may be recovered by the City by any means authorized by law, including, but not limited to, a lien or special assessment pursuant to Chapter 8.18 LEMC, civil action or submittal to a collection agency. [Ord. 1333 § 3, 2015; Ord. 1017 § 1.20.080, 1996. Formerly 1.20.080].