HomeMy WebLinkAboutOrdinances_2450_CCv0001.pdf ORDINANCE NO. 2450
AN ORDINANCE OF THE CITY OF REL LA DS ADDING CHAPTER 1.22 TO
THE REDLANDS MUNICIPAL CODE TO ESTABLISH AN ADMINISTRATIVE
CITATION AND REMEDIES PROCESS
THE CITY COUNCIL OF TIgE CITE' OF DLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Chapter-1.22 entitled the Administrative Remedies, is hereby added to the
Redlands Municipal Code to read as follows:
"Chapter 1.22
ADMINISTRATIVE CITATIONS ANIS REMEDIES
Sectitari
1.22.010 Applicability
1.22.020 Definitions
1.22.030 Administrative citation
1.22.040 Amount of fines
1.22.050 Payment of fine
1,22.060 Hearing request
1.22.070 Hearing officer and procedure
1.22.080 Hearing officer's decision
1.22.090 Late payment charges
1.22.100 Recovery of administrative citation fines and collection chats
1.22.110° Right for judicial review
1.22.120' Notices
1.22< 130 Applicability
1.22140 Compliance order
1.22;150 Method of service
1.22.160 Notice - Service procedure
1.22.170 Hearing
1.22.180` Notice of hearing
1.22.190 Hearing Findings and order
1.22.200 Administrative order
1.22.210 Abatement by City
1.22.220` Administrative penalties'
1.22.230 Administrative costs
1.22.240 Interest
1.22.250 force and elTeet
1.22.260 Failure to comply with administrative order
1.22.270 Right of judicial review
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1,22.280 Deport of compliance after administrative order
1.22.294 Compliance dispute
1.22.344 Lien/special assessment
1.22314 Lien procedure
1. 2.320 Special assessment procedure
1.22.330 Satisfaction oflien/special assessment
1.22.344 Designated body - Appeal
1, The date of the violation;
2. The address or a definite description of the location where the violation occurred;
3. The section of this Code violated and a 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'vvithin
which and the place at which the lane shall be paid;
h. An order prohibiting the continuation or repeated occurrence of the Code violation
described in the administrative citation;
7; 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 forth to contest the administrative citation may be obtained, and
8. The name and;signature of the citing .Enforcementffiicer.
Section 12.0Amount of fines. The amounts of the fines for Code violations imposed
pursuant to this Chapter shall be established by resolution of the City Council. The schedule of fines
shall specify any increased fines for repeat violations of the same Cade prevision,within thirty-six
months from the date of an administrative citation. The schedule of fines shall specify the amount
of any late payment chanes-imposed for the payment of fine after its due date.
Section 1.22.054 Payment of the fine. The fine shall be paid to the Cit} within thirty days
from the date of the administrative citation. Payment of a fine shall not excuse or discharge any
continuation or repeated occurrence of the Code violation that is the subject of the administrative
citation.
Section 1.22.06 Hearin request, Any recipient of an administrative citation may contest
that there was a violation of the Code or that he or she is the responsible party: by completing a
request for hearing form and returning it to the City within thirty days from the elate of the
administrative citation,together with an advance deposit of the fine. A request for bearing form may
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be obtained from the department specified on the administrative citation. The person requesting the
hearing shall be notified of the time and place set for the hearing; at least tett days prior to the date
of the hearing. If the Enforcement Officer submits an additional written report concerning the
administrative citation to the hearing officer for consideration at the hearing, there a copy of this
report also shall be served on the person requesting the hearing at least five days prior to the date of
the hearing.
Section 1.22.070 Hearing Officer and Procedure.
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A. The City Manager shall designate a hearing officer for administrative citation hearings;.
No hearing to contest an administrative citation before a hearing officer shall be held unless the fine
has been deposited in advance with the City,
B. The hearing shall be set for a date that is not less than fifleen days and not more than
thirty days from the date that the request for hearing is filed. At the hearing,the party contesting the
administrative citation shall be given the opportunity to testify and to present evidence concerning
the administrative citation. The failure of any recipient of an administrative citation to appear at the
administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their
administrative remedies.
C. The administrative citation and any additional report submitted by the Enforcement
Officer shall constitute prima facie evidence of the respective facts contained in those documents.
The hearing officer may continue the hearing and request additional information from the
Enforcement Officer or the recipient of the citation prior to issuing a written decision.
Section 1.2 .0 Dearing officer's decision. After considering all testimony and evidence
submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the
administrative citation and shall list the reasons for that decision.The decision of the hearing officer
shall be final. If the hearing officer determines that the administrative citation should be upheld,
then the City shall retain the fine amount on deposit with the City. If the hearing officer determines
that the administrative citation should be canceled,the City shall promptly refund the amount of the
deposited fine.The recipient of the administrative citation shall be served with a copy of the hearing
officer's written decision. The employment,performance evaluation,compensation and benefits of
the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative
citation fines upheld by the hearing officer.
Sectionl.22.090 Late,12ayment charges. Any person who fails to pay to the City any fine
imposed pursuant to the provisions of this Chapter on or before the date that fine is due also shall
be liable for the payment of any applicable late payment charges set forth in the schedule of fines,
Section l.22.10th Recovery of administrative citation fines and collection costs. TheCity
may collect any past due administrative citation fine,late payment charge and costs of collection by
use of all available legal means.
Section 1.22.1 10 RigLit to iudicial review, -Any person aggrieved by an administrative
decision of a hearing officer on an administrative citation may obtain review of the administrative
decision by filing a petition,for review with the court in San Bernardino County in accordance with
the timelines and provisions set forth in California Goveriurient Code Section5,3069.4.
Section 1.22.120 Notices. 'rho administrative citation and all notices required to be
given by this Chapter shall be served on the responsible party in accordance with the provisions of
this Chapter. Failure to receive any notice specified herein does not affect the validity of
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proceedings conducted hereunder.
Section 1.22.130 Applicability. This Chapter provides for administrative remedies,which
are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to
address any violation of this Code. This Chapter shall not supersede any other sections of this Code
which address other legal or administrative remedies for City Code violations; use of this Chapter
shall be at the ,wile discretion of the City.
Section 1.22.140 Compliance Order. Whenever an Enforcement Officer determines that
a violation of this Code is occurring or exists, a written Compliance Order may be issued to any
person responsible for the violation. A Compliance Order shall contain the following information:
1. The date and location of the violation:
2. The section of this Code violated and a description of the violation;
3. The actions required to correct the violation;
4. The time period after which administrative penalties will begin to accrue if compliance
with the order has not been achieved;
5.Either a copy ofthis'Chapter or an explanation ofthe consequences of noncompliance with
this Chapter and a description of the hearing procedure and appeal process.
Section 1;22.150 Method of service. All notices required herein shall be served as
provided in this Chapter unless otherwise specified. 'Where real property is involved,written notice
shall be mailed to the property owner at the address as shown on the last equalized county
assessment roll: Where personal service or service by mail upon the property owner cannot be
trade despite a diligent effort, a copy of the order shall be conspicuously posted at the property that
is the subject of the order. The failure of any person to receive any notice required under this
Chapter shall not affect the validity of any proceedings taken under this Chapter.
Section 1.22.160 Notice Service Procedure. Whenever a notice is required to be
given under this Chapter, unless different provisions are otherwise specifically made, such notice
may be given either by personal delivery to the person to be notified or by deposit in the United
Mates Mail, in sealed envelope postage prepaid, addressed to such person to be notified at his last®
known business or residence address as the sante appears in the last equalized count,assessment roll
or to her records pertaining to the matter to which such notice is directed. Service by mail shall be
deemed completed at the time of deposit in the United States flail receptacle is made.
Section 1. 2.1 HCl tlearina. If the Enforcement Officer determines that all violations have
been corrected within the time specified in the Compliance Order, no further action shall be taken.
If full compliance is not achieved within the time specified in the Compliance Order, the<
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Enforcement Officer shall advise the secretary to the Appeals Hearing Board to set a hearing before
the Board.
The secretary to the Appeals Hearing Board shall cause a w--otter notice of hearing to be
served on the violator and,where real property is involved.a notice of hearing shall be served onthe
property owner at the address as it appears on the last equalized county assessment toll available on
the date the notice is prepared. All hearings shall be open and public.
Section 1.22.1 80 Notice,of Hearin. Every Notice of Hearing on a Compliance Order
shall contain the date,time and place at which the hearing shall be conducted by the Appeals Hearing
Board. Each hearing shall be set for a date not less than fifteen days nor more than thirty days from
the date of the Notice of Hearing unless the Enforcement Officer determines that the matter is urgent
or that good cause exists for an extension of time. The hearing serves to provide the full opportunity
of a person subject to a Compliance Order to object to the determination that a violation has occurred
and/or that the violation has continued to exist. The failure of any person subject to a Compliance
Order, pursuant to this Chapter, to appear at the hearing shall constitute a failure to exhaust
administrative remedies,
Section 1.22.190 Hearin g- Findings and Order.
A. At the place and time set forth in the Notice of Hearing,the Appeals Hearing Board shall
conduct a hearing on the Compliance Order issued pursuant to Section 1.22.140. The Appeals
Hearing Board shall consider any written or oral evidence consistent with its rules and procedures
regarding the violation and compliance by the violator and/or by the real property owner,including
but not limited to:
1. The report of the Enforcement Officer or his or her designee;
2. Objections or protests of property owners or other responsible or interested persons who
may be held liable for the amounts owed or whose property may be assessed or liened for the
amounts owed;
3. Evidence on whether the person before the Board is responsible for the amounts owed to
the City;
4. Whether the violator or owner has taken the required corrective action within the required
time period; and
5. Such other and further evidence a sj ustice may req uire.
B. Within a reasonable time following the conclusion of the hearing, the Board shall make
findings and issue its determination regarding:
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1. The existence of the violation, and
2.The failure of the violator or owner to take required corrective action withinthe required
time period.
C The Board shall issue written findings on each violation. The findings shall be supported
by evidence received at the hearing, If the Board finds by a preponderance of the evidence that a
violation has occurred and that the violation was not corrected within the time period specified in
the Compliance Order: the Board shall issue an Administrative Order, If the Board finds that no
violation has occurred or that the violation was corrected within the time period. ,specified in the
Compliance Order, the Board shall issue a finding of those facts.
Section 1.22.200 Administrative Order. If the Appeals.Hearing Board determines that
a violation occurred which was not .corrected within the time period specified in the Compliance
Order, the Board shall issue an Administrative Order that imposes any or all of the following;
I. An order to correct,including a schedule for correction where appropriate;
2. Administrative penalties;
. Administrative casts, and;
4. Interest;
The Administrative order shall state that failure to comply with its provisions may result i
the City abating the nuisance and charging the cost of said abatement plus all administrative costs
to the property owner, and may further result in the City collecting the monies flue as;a personal
obligation of the responsible party or by recordation ofalien or filing of special assessment against
the subject real property'.
Section 1.22.210 Abatement lav City*. If correction of the violation has not occurred
within the time period specified in the Administrative Order, the continuing violation shall be
deemed a public nuisance and the City or a;contracting agent hired by the City may enter upon the
private property on which the violation exists for the purpose of abating; the violation. It shall b
unlawful for any person,owner,agent or person in possession of any premises to refuse to allow the
Cite or its contracting agents to enter upon the premises for the purpose of abating the violation. The
cost of abatement,_including administrative costs;, may be enforced as a personal obligation against
the property owner and as a lien or special assessment against the property.
Section 1.22,220 Administrativ enalties.
A. The Appeals Hearing Board may impose administrative penalties for the violation of any
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provision of this Code in an amount not to exceed two thousand five hundred dollars per day for
each ongoing violation, except that the total administrative penalty shall not exceed one hundred
thousand dollars exclusive of interest, administrative costs and restitution for compliance, re
inspections, or any related series of violations.
B.In determining the amount of the administrative penalty,the Board may take any or all of
the following factors into consideration:
1. The duration of the violation;
Z. The frequency, recurrence, and>number of violations, related or unrelated, by the same
violator;
3. The seriousness of the violation;
4. The good faith efforts of the violator to come into compliance;
5. The economic impact of the penalty on the violator;
6. The impact of the violation on the community; and
7. Such other factors as justice may require.
C.Administrative penalties imposed by the Board shall accrue from the date specified in the
Compliance Order and shall cease to accrue on the date the violation is corrected as determined by
the Enforcement Of or the Board. Administrative penalties may be suspended for any period of
time during which the violator has filed for necessary permits and such permit applications are
actively pending before the City, State, County, or other appropriate agency.
D. Administrative penalties assessed by the Board shall be due by the date specified in the
Administrative Order. p
E. If the violation is not corrected as specified in the Board's order to correct, administrative
penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the
maximum amount set forth in subsection (A) above.
F. If the,violator gives written notice to the. Enforcement Officer that the violation has been
corrected and if the Enforcement Officer finds that compliance has been achieved,the Enforcement
Officer shall deem the date the written notice was postmarked or personally delivered to the
Enforcement Officer or the date of the final inspection, whichever first occurred, to be the date the
violation was corrected. If no wTitten notice is provided to the Enforcement Officer, the violation
will be deemed corrected on the date of the final inspection.
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Section 1.22.230 Administrative costs. The Appeals Hearing Board shall assess
administrative costs against the violator when it finds that a violation has occurred and that
compliance has not been achieved within the time specified in the Compliance Order. The
administrative costs may y include any and all costs incurred by the City in connection with the matter
before the Appeals Hearing Board including,but not limited to,costs of investigation,staffing costs
incurred in preparation for the hearing and for the hearing itself. and costs for all re-inspections
necessary to enforce the Compliance Order,
Section 1.22.240 Interest. The Appeals Hearing Board may also assess interest on the
amount of administrative penalties, abatement costs and administrative costs imposed at the legal
rate from the date of the Administrative Order.
Section 1.22.2 50 Force and effect. The Administrative Order of the Hearing Appeals
Board shall be the final decision of the City. The Administrative Order of the Board,once recorded,
shall have the same force and effect and priority as ajudgment lien governed by the provisions of
Sections 697.340 of the California Code of Civil Procedure and may be extended as provided in
Sections 683.110 to 683.220,inclusive,of the Code of Civil Procedure. The Administrative Order
shall have the same force and effect as a resolution of the City Council for the purpose of filing a
lien, special assessment, or special collection with the County of San Bernardino Tax Collector's
office pursuant to this Code and for the purpose of pursuing any other collection or enforcement
action to obtain payment of the amounts owed to the City.
Section 1.22.260 Failure to comply with Administrative Order. If unpaid as of the date
specified in the Administrative Order,the administrative penalties,administrative costs and interest
assessed by the Board shall be collected by the City by use of all available legal means,and may be
enforced as:
1. A personal obligation of the violator; and/or
2. If the violation is in connection with real property, a lien or special assessment upon the
real property. The lien or special assessment shall remain in effect until all of the administrative
penalties, interest and administrative costs are paid in full.
Section 1.22.270 Right of judicial review. The decision of the Appeals Hearing Board
shall be final.Any person aggrieved by an Administrative Order of the Appeals Hearing Board may
obtain review oft e Administrative Order in the Superior Court by filing with the Court a petition'
for writ of mandate pursuant to California Code of Civil Procedure section 1094.6.
Section 1.22.280 lie port,of Compliance after Administrative Order. If the Enforcement
Officer determines that compliance has been achieved after a Compliance Order has been sustained
by the Appeals Hearing Board, the Enforcement Officer shall prepare a report indicating that
compliance has been achieved. A copy of the compliance report shall be sen,-ed on the violator,
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Section 1.22.290 Compliance dispute. If the Enforcement Officer does not prepare and
serve the compliance report specified above, a violator who believes that compliance has been
achieved may request a compliance hearing before the Appeals Hearing Board by filing a request for
a hearing with the secretary to the Board. The hearing shall be noticed and conducted in the same
manner as a hearing on a Compliance Order, The Board shall determine if compliance has been
achieved and, if so, when it was achieved. The decision of the Board shall be final.
Section 1.22. 00 jjjen'special assessment. Whenever the amount of any administrative
penalty and/or administrative cost imposed by the Appeals Hearing Board pursuant to this Chapter
in connection with real property has not been satisfied in full within ninety days and/or has not been
successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the
alternative, a special assessment against the real property on which the violation occurred.
Section 1.22.3 10 Lien procedure.
A. There is hereby established the following procedure for collection of administrative
penalties and costs imposed by the Appeals Hearing Board pursuant to this Chapter or other
abatement and related administrative costs by recordation of a lien.
B. Upon determination by the City Manager that the administrative penalty,administrative
costs and interest imposed by the Appeals Hearing Board has not been satisfied in MI within ninety
days and/or not been successfully challenged by a timely writ of mandate, the City Manager shall
prepare and file with the Appeals Hearing Board secretary a report stating the amounts due and
owning,the name of the agency imposing the lien(City of Redlands),the date of the Administrative
Order or abatement order, the street address, legal description and assessor's parcel number of the
subject property, and the name and address of the recorded owner of the property.
C. Prior to recordation of the lien, the, secretary to the Appeals Hearing Board shall serve a
copy of the City Manager's report provided under subsection(B)above on the property owner,along
with notice to the property owner that a lien in the amounts stated in the City Manager's report will
be filed against the subject property in the County Recorder's Office.
D. The notice set forth in subsection (C) above shall be served in the same manner as
summons in a civil action in accordance),with Code of Civil Procedure § 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 10 days and publication thereof in a
newspaper of general circulation published in San Bernardino County.
E. Following proper notice to the owner of record as provided in subsection (D)above. the
City Manager's report and a copy of the administrative or abatement order shall be recorded as a'lien
with the county recorder. Once recorded, the Administrative Order shall have the force and effect
and priority of ajudgment lien governed by the provisions of Sections 697.340 of the Code of Civil
Procedure and may be extended as provided in Sections 683.1 10 to 683.220.,inclusive,of the Code
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of Civil Procedure:
F. Interest at the legal rate per year shall accrue on;the principal amount of the lien until
satisfied pursuant to law. Alien pursuant to this section may be foreclosed by an action brought by
the City for a money judgment.
Section 1.22.3 '0 Special assessment procedure
A. As an alternative to the procedure authorized by Section 1.22.310, there is hereby
established a procedure for making the administrative penalties and costs imposed by the Appeals
Hearing Board pursuant to this Chapter or abatement and related: administrative costs a special
assessment against the subject real property.
B. Upon determination by the City Manager or the Board that the administrative penalty,
administrative cast and/or interest unposed by the Appeals Hearing Board has not been satisfied in
full within ninety days and/or not been successfully challenged by a timely writ ofmandate, the City
Manager shall prepare and file with the Appeals Hearing Board secretary a report stating the amounts
due and owning,the date of the Administrative Order or abatement order, the street address, legal
description and assessor's parcel number of the subject property, and the name and address of the
recorded owner of the property,
C. Prior to the imposing of the special assessment, the secretary to the Appeals Hearing
Board shalt serve a copy of the City Manager's report provided under subsection(B) above on the
property owner,along with notice that the property may be sold after three years by the tax collector
for unpaid delinquent assessments. Such notice shall be served by certified mail to the property
owner. If the owner of record after diligent search cannot be found, the notice may be served b
posting a copy thereof`in a conspicuous place upon the property for a period of 10 days and
publication thereof in a newspaper of general circulation published in San Bernardino County,The
tax collector's power of sale shall not be affected by the failure of the property owner to receive
notice.
D. The assessment 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 sante procedure and
sale in case of delinquency as provided for ordinary municipal taxes,All laws applicable to the levy,
collection and enforcement of municipal; taxes shall be applicable to the special assessment.
However, if any real property to which the assessment relates 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
d attaches thereon, prior to the date on which the first installment of the taxes would become
delinquent, then the assessment shall not result in lien against the real property bort instead shall
e transferred to the unsecured roll for collection:
B. Interest shall accrue on the principal amount of the assessment until satisfied pursuant t to
law.
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F. The City may, subject to the requirements applicable to the sale of property pursuant to
Section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed
property for which the payment of the assessment is delinquent.
G. Notices or instruments relating to the Administrative Order, abatement order or special
assessment shall be entitled to recordation.
Section 1.22.330 Satisfaction of lien/snecial assessment.
Once payment in full is received by the City for outstanding penalties and costs, the City
Manager shall:
A. With respect to a lien,either record a notice of satisfaction or provide the property owner
or financial institution with a Notice of Satisfaction so they may record this notice with the office
of the County Recorder. Such Notice of Satisfaction shall cancel the City's lien; or
B. With respect to a special assessment, provide written notice to the tax collector that the
special assessment amount has been paid in full and should no longer be imposed against the subject
property. Such written notice shall cancel the City's special assessment.
Section 1.22.340 Designated body- Appeals Hearing Board. Unless otherwise specified
in this Code, the City Council hereby establishes and appoints the Appeals Hearing Board as the
designated body delegated with the authority to set,notice,and conduct public hearings required or
allowed pursuant to this Chapter to contest fees, charges, costs, expenses, penalties or other sums
of money owed to the City and to allow the imposition of a lien, special assessment, special
collection or other collection process against a responsible party and any affected property, as
appropriate. The Board shall consist of three members. Two members shall be experienced in
planning and zoning issues or shall have experience in the building trades or in building inspection.
Section 1.22.350 Functions. powers. and duties,
The Board shall have the following functions, powers, and duties:
1. Hear all administrative hearings and appeals authorized by this Code or by ordinance;
2. Conduct all administrative abatement action hearings authorized by this Code or by
ordinance;
3. Authorize the imposition of liens, assessments, special collection or other collection
process against a responsible party any affected property, as appropriate;
4. Perform such other programs or functions related to administrative hearings and appeals
that the Civy Council or the City Manager may, from time to time, authorize or request.
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Section 1.22.360 Appointment/Term,
Members of the Board shall be appointed by the City Council upon, recommendation or
nomination by the City Manager, and shall serve two-year terms,
Section 2. In addition to all other remedies set forth in this section., each and every such
violation shall be subject to the administrative citation and administrative remedies processes set
forth in this Code."
Stiction : . The Mayor shall sign this ordinance and the City Clerk shall certify to the
adaption of this ordinance and shall cause it or a summary of it, to be published once in the
Redlands Baily pacts; a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
Mayor of the City of Redlands
ATTEST,
a
Cit lcrk i
1,Lorrie Poyzer,CityClerk of the City of Redlands,hereby certify that the forgoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the 5th day of September,
2000, by the following vote:=
AYES: Councilmembers George, Freedman, Pepple , Haws}
Mayor Gilbreath
NOES: don e
ABSENT: None
Lo Poy er y , lerk
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