Chapter 23.20 ADMINISTRATIVE CITATIONS

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 Santa Clarita Municipal Code subject to an administrative fine and to set forth the procedures for the imposition and collection of such fines. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.020 Applicability.

This chapter provides for administrative citations that are in addition to all other legal remedies, criminal or civil, which the City may pursue to address any violation of this code. The use of this chapter is at the sole discretion of the City officer or employee enforcing this code. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.030 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

A. “Citee” means the person(s) to whom a Code Enforcement Officer issued an administrative citation pursuant to this chapter.

B. “City Manager” means the City Manager, or designee.

C. “Code Enforcement Officer” means any City employee or agent with the authority to enforce any provision of this code.

D. “Department Manager” means the Department Director or designee for the department responsible for issuing a citation pursuant to this chapter. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.040 Notices.

Unless otherwise provided, all notices and citations required by this chapter must be served on citee via personal service or first-class mail, postage prepaid, to citee’s last known address. Service is effective when personally served or when deposited into the United States mail. The individual serving a citee with notice must complete a declaration of service. Failure to receive any notice does not affect the validity of the proceedings conducted under this chapter. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

Article II. Administrative Citations

23.20.050 Administrative Citations.

A. Issuing an administrative citation pursuant to this chapter is in lieu of any criminal citation that could have been issued for the same violation. The issuance of the administrative citation does not, however, prevent the issuance of a criminal citation for a subsequent violation of the same nature.

B. Contents of Administrative Citation. Each administrative citation must contain the following information:

1. The date of the violation;

2. The address or a definite description of the geographic location where the violation occurred or is occurring;

3. The section of this code that was violated;

4. A description of the conditions causing the code violation;

5. The amount of the administrative fine for the code violation;

6. A description of the fine payment process, including a description of the time within which, and the place where, the fine must be paid;

7. An order prohibiting the continued or repeated occurrence of the code violation described in the administrative citation;

8. Notification that payment of a fine under this chapter does not excuse or discharge any continued or repeated occurrence of the code violation that is the subject of the administrative citation;

9. A 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; and

10. The name of the citing Code Enforcement Officer.

C. Service and Filing of Administrative Citations. The Code Enforcement Officer must serve the original citation on the person cited in the manner set forth in this chapter and forward a copy of the administrative citation to the Department Manager. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.060 Amount of Administrative Fines.

The amounts of the administrative fines imposed for code violations under this chapter are established by City Council resolution. That resolution must also set forth any increased fines for repeat violations of the same code provision by the same person within twelve (12) months from the date of a previous administrative citation. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.070 Payment of Administrative Fines.

An administrative fine must be paid to the City within thirty (30) days from the date of the administrative citation or, if a request for an initial administrative review is submitted and the review held, then within fifteen (15) days after the date of the notice of the conclusions of that initial administrative review, whichever is later. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.080 Delinquent Administrative Fines—Penalties and Interest.

A. A penalty of ten percent (10%) is added on any delinquent fines on the last day of each month after the due date. The penalty will not exceed fifty percent (50%) of the fine.

B. In addition to penalties provided by this section, delinquent fines accrue interest at the rate of one percent (1%) per month, compounded monthly, exclusive of penalties, from the due date. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.090 Issuance of Permits.

Should a Code Enforcement Officer issue a citation because the citee lacks a required permit and the fine is delinquent, the City will not issue a permit until the delinquent fine, and any applicable penalties and interest, is paid. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.100 Compliance Orders.

Before issuing an administrative citation for any violation of building, plumbing, electrical, mechanical, grading, or similar regulation set forth in this code or incorporated by reference, or any violation of Title 15, the Code Enforcement Officer must first issue a written compliance order to the person(s) responsible for the violation unless the violation constitutes an immediate threat to public health or safety. The compliance order must contain all of the following:

A. The date on which, and geographic location where, the violation was observed;

B. The section number of this code violated;

C. A description of the conditions causing the code violation;

D. Actions required to correct the violation;

E. A reasonable time period for the correction of the violation; and

F. 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. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.110 Correction of Violation.

No further action is required if the Code Enforcement Officer determines that all violations in the compliance order were cured. If the Code 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. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

Article III. Administrative Review and Hearings

23.20.120 Initial Administrative Review—Request.

Citees may request an initial administrative review of the citation within twenty (20) days of its issuance. This request must be made in writing to the Department Manager and set forth with particularity the reasons the citee believes a violation did not occur or that the citee was not responsible for the violation(s); must include a copy of the citation; and contain the address to which the conclusions of the City’s review should be mailed. A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.130 Initial Administrative Review—Procedure.

All initial administrative review requests shall be forwarded to the Department Manager supervising the Code Enforcement Officer who issued the administrative citation. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.140 Initial Administrative Review—Decision.

A. The Department Manager will review the requests, and provide the Clerk with a written notification that:

1. The citation should be vacated because there was no violation, or the citee was not responsible for the violation, and setting forth the basis for that conclusion; and

2. There is no justification found for vacating the citation.

B. The Department Manager should mail a copy of the notification to the citee at the address on the request for initial administrative review along with notice establishing the fine due date and the procedure for requesting an administrative hearing.

C. The Department Manager should complete his/her review within ten (10) days of receiving the citee’s request. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

Article IV. Administrative Hearing Procedures

23.20.150 Request for Administrative Hearing.

Any citee dissatisfied with the conclusions of an initial administrative review may contest that citation by requesting an administrative hearing. A citee must request an administrative hearing within fifteen (15) days after the date the City served the citee with notice of the administrative review decision. Requests must be submitted to the City Manager and be accompanied by an advance deposit of the fine or a request for a hardship waiver. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.160 Advance Deposit—Hardship Waiver.

A. Citees financially unable to make an advance deposit of the administrative fine may file for a hardship waiver. The request for a hardship waiver must be filed with the Department Manager on a form containing information that may be required by the Department Manager. The Department Manager 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 a sworn affidavit, together with any supporting documents or materials, demonstrating the citee’s actual financial inability to deposit the full amount of the fine.

B. The Department Manager will inform the citee in writing regarding whether the Department Manager approved the waiver. This determination must be served upon the citee by mail at the address provided in the waiver application. The Department Manager’s determination is final.

C. Should the Department Manager determine that a waiver is unjustified, the citee must deposit the fine amount with the City not later than ten (10) days after the date of that decision. Failure to make a deposit within ten (10) days after waiver denial is deemed a waiver of the citee’s right to an administrative hearing and the administrative fine will be deemed delinquent. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.170 Hearing Officer.

The City Manager designates the hearing officer for the administrative citation hearing. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.180 Hearing Date.

After receiving a timely hearing request and deposit, or waiver, of the fine amount, the City Manager sets an administrative hearing on a date not less than fifteen (15) nor more than sixty (60) days from the date the hearing is requested. Written notice of the date, time and location of the administrative hearing must be provided to the citee at least fifteen (15) days before the hearing date. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.190 Conduct of Hearings.

A. Evidentiary Rules. The administrative citation is prima facie evidence of the respective facts contained in the citation. Both the citee and Code Enforcement Officer have the opportunity to testify and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Evidence sought to be introduced is not limited to any legal rules of evidence except for the rule that it must be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the citee was responsible for the violation. The hearing officer will use preponderance of the evidence as the standard of evidence in deciding issues at the hearing.

B. Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the citee may request that the hearing officer decide the matter based on the citation itself and any other documentary evidence submitted by the citee or Code Enforcement Officer before the hearing date.

C. Failure to Appear at Hearing. Failure of a citee 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 Code Enforcement Officer.

D. Attendance of Code Enforcement Officer. The Code Enforcement Officer who issued the administrative citation shall attend the administrative hearing.

E. Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the Code Enforcement Officer or citee before issuing a written decision. The party seeking the continuance may be assessed the administrative hearing officer’s cancellation fee, if any. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.200 Hearing Officer’s Decision.

A. The hearing officer must issue a written decision to uphold or set aside the administrative citation and present the reasons for that decision. As part of his or her decision, the hearing officer may impose conditions and deadlines to correct any remaining code violation and may also assess the hearing officer’s costs if he or she determines that the appeal was either requested to delay compliance with the Municipal Code or was totally and completely without merit.

B. The Department Manager must send a copy of the hearing officer’s decision to the citee with notice of the citee’s right to appeal the decision in Superior Court.

C. The hearing officer’s decision is the City’s final action on the matter. There is no right to an appeal other than as provided in this chapter. The hearing officer’s decision is final as of the date of the decision. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.210 Disposition of Administrative Fines.

A. Should the hearing officer uphold the administrative citation, then the City can retain the deposited fine amount. Any outstanding fines, penalties, interest, and costs, including any costs assessed against the citee for pursuing a frivolous appeal, shall be due to the City within thirty (30) days from the date of the notice of the hearing officer’s decision.

B. Should the hearing officer vacate the administrative citation, the City must promptly refund the amount of the deposited fine, if any.

C. Should the hearing officer uphold the administrative citation and a hardship waiver was previously granted, the due date for paying the administrative fine will be thirty (30) days from the date of the notice of the hearing officer’s decision.

D. The City may use all legal means to collect any past due fines, including penalties and interest, should a citee fail to pay in a timely manner. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.220 Right to Judicial Review.

A. A citee may appeal the hearing officer’s decision by filing an appeal with the Superior Court pursuant to Government Code Section 53069.4, or any successor statute, within twenty (20) days from service of the hearing officer’s decision.

B. Should the citee file a timely appeal with the Superior Court, the requirement to pay the fine is suspended and the payment of the fine, if any, will be in accordance with the Superior Court decision. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

Article V. Collection and Lien Procedures

23.20.230 Recovery of Administrative Citation Fines and Costs.

The failure of any person to pay a fine or penalty assessed by administrative citation within the time specified on the citation, or within the deadlines established by Section 23.20.210, constitutes a debt to the City. To enforce that debt, the City may file a civil action, lien the subject property as set forth below, or pursue any other legal remedy to collect such debt. A person who fails to pay any fine or other charge owed to the City under this chapter is liable in any action brought by the City for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys’ fees. Such collection costs are in addition to any fines, interest, and late charges.

In addition to any other legal remedy, the City may place a lien on property owned by the citee in an amount equal to the sum of the fines delinquent for more than ninety (90) days, plus any penalties, interest, fees and costs, including fees and costs assessed against the citee by an administrative hearing officer. Imposition of a lien must stem from a citation for the condition or use of real property, or its improvements, that is owned by the citee. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.240 Lien Procedure.

The Department Manager may initiate proceedings to record a lien by submitting a report to the City Manager stating the amounts due and owing and contact the City Clerk to fix a time, date, and place for the City Council to consider the report and any protests or objections to it. Notice of the hearing and the proposed lien will be delivered to the property owner of record of the parcel of land that was the subject of the administrative citation or citations, based on the last equalized assessment roll or the supplemental roll, whichever is more current, before recordation of the lien. The notice will be served in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days, and publication thereof for ten (10) days in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062. The notice shall include an itemized summary of the proposed lien amount and a statement that the amount of the lien may be collected as a special assessment and that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments and that any special assessment for unpaid administrative citation fines, penalties, interest, fees, and costs may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

At the hearing, the citee may contest the amount of the proposed lien, but the citee may not contest the validity of the citation or citations.

At the conclusion of the hearing, the City Council will adopt a resolution confirming, discharging, or modifying the lien amount. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.250 Recording a Lien—Special Assessment.

Within thirty (30) days following the City Council’s adoption of a resolution imposing a lien, the Department Manager will file same as a judgment lien in the Los Angeles County Recorder’s office.

The City’s total costs described in this chapter may also be collected as a special assessment against the lot or parcel on which the nuisance existed that resulted in the issuance of the unpaid administrative citation(s). The City shall give notice of the special assessment at the time of imposing the assessment and shall specify that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments. The City shall give such notice to the property owner by certified mail, if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records. After recordation of the lien, the Department Manager may present a copy of the lien, the notice of proposed recordation, and proof of service to the County Tax Collector to add the amount of the lien to the next regular property tax bills levied against the parcel for municipal purposes. This amount will be collected at the same time and in the same manner as ordinary property taxes are collected, and will be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. However, if any real property to which the costs described in this chapter relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, before the date on which the first installment of the taxes would become delinquent, then the costs described in this chapter will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.

The lien may also be foreclosed by judicial or other sale in the manner and means provided by law. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.260 Administrative Fee.

Each citee against whose property an assessment is levied pursuant to this chapter will also be assessed an administrative fee in an amount established by City Council resolution based on the costs incurred in levying the assessment. The administrative fee will be included in the lien amount approved by the City Council and recorded against the citee’s property. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)

23.20.270 Satisfaction of Lien.

Once the City receives full payment for outstanding principal, penalties, and costs, the Department Manager will either record a notice of satisfaction or provide the citee with a notice of satisfaction for recordation at the Los Angeles County Recorder’s office. This notice of satisfaction will cancel the City’s lien. (Ord. 04-8 § 2, 8/24/04; Ord. 13-6 § 10 (Exh. I), 5/28/13)