HomeMy WebLinkAboutOrdinances_2792_CCv0001.pdf ORDINANCE NO. 2792
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 1.22
OF THE REDLANDS MUNICIPAL CODE RELATING TO ADMINISTRATIVE
CITATIONS
WHEREAS, Government Code section 53069.9 authorizes local agencies, including the
City of Redlands,to make any violation of any ordinance enacted by the local agency subject to
an administrative fine or penalty; and
WHEREAS,the City Council of the City of Redlands("this City Council")has
established an administrative citation and hearing process, which is codified in Chapter 1.22 of
the Redlands Municipal Code, to govern the imposition, enforcement, collection and review of
administrative fines and penalties; and
WHEREAS, this City Council is committed to protecting the health, safety and welfare
of the City's residents,businesses and visitors, and to preserving the City's aesthetic qualities
which enhance the quality of life within the City; and
WHEREAS, effective Code enforcement is vital to effectuation of the City Council's
commitments to enhance the quality of life within the City; and
WHEREAS, City staff has made recommendations to the City Council to amend the
provisions of Chapter 1.22 of the Redlands Municipal Code to more effectively and
economically carry out the City's Code enforcement efforts;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 1.22 of the Redlands Municipal Code, entitled"Administrative
Citations,"is hereby amended to read as follows:
"Chapter 1.22
ADMINISTRATIVE CITATIONS
1.22.010: PURPOSE AND INTENT:
1.22.020: DEFINITIONS:
1.22.030: AUTHORITY TO ISSUE CITATIONS:
1.22.040: PROCEDURE; CONTENT OF CITATION:
1.22.050:NOTICE REQUIREMENTS:
1.22.060: FINES:
1.22.070: SATISFACTION OF ADMINISTRATIVE CITATION:
1.22.080: APPEAL:
1.22.090: ADVANCE DEPOSIT HARDSHIP WAIVER
1.22.100: ADMINISTRATIVE HEARING OFFICER:
1.22.110: HEARING PROCEDURE:
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1.22.120: ORDER:
1.22.130: REVIEW:
1.22.140: COLLECTION OF FINES:
1.22.150: REMEDIES NOT EXCLUSIVE:
1.22.160: TRANSFER OF OWNERSHIP:
1.22.010: PURPOSE AND INTENT:
A. The city council finds that the enforcement of this Code throughout the
city is vital to the protection of the public's health, safety and quality of life, and
that there is a need for an alternative method of Code enforcement in addition to
all other remedies, criminal or civil, which may be pursued by the city to address
Code violations.
B. The city council hereby establishes an administrative citation program
pursuant to Government Code section 53069.4.
C. This chapter does not supersede any other provision of this Code that
pertains to alternative remedies available to the city.
D. The use of the administrative citation program shall be at the city's sole
discretion.
1.22.020: DEFINITIONS: For purposes of this chapter, the following definitions
shall apply:
ADMINISTRATIVE COSTS: All costs incurred by the city from the first
discovery of a violation through the appeal process, if any, including,but not
limited to,City staff time inspecting the property, the cost of preparing and
sending notices,preparing for and attending hearings, the fees paid to the
administrative hearing officer, and any attorney fees, including costs incurred by
the city attorney's office and any outside counsel hired to advise staff or the
administrative hearing officer.
ADMINISTRATIVE HEARING OFFICER: Any person retained pursuant to the
process in section 1.22.100 of this chapter.
CITY AGREEMENT: Includes,but is not limited to, a development agreement,
disposition and development agreement, street maintenance agreement, easement,
lease,license or other real property use or maintenance agreement,and any
agreement to implement an ordinance,plan,permit, entitlement or review
approved by the City.
CODE: The Redlands Municipal Code, as amended.
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ENFORCEMENT OFFICER: Any city employee or agent of the city with the
authority to enforce any provision of this Code including,but not limited to,the
city attorney,development services director, animal control officer, Code
enforcement officer, City license inspector,NPDES inspector, any fire official or
police officer, and any of their respective designees.
ENVIRONMENTAL REVIEW: Includes, but is not limited to, and environment
impact report,mitigated negative declaration, negative declaration, determination
of exemption, and any mitigation and monitoring reporting program.
PERMIT OR ENTITLEMENT: Includes,but is not limited to, a development
review(site plan) permit, conditional use permit, sign permit, variance, specific
plan,parcel map, subdivision map,building or grading permit, encroachment or
right-of-way pen-nit, stormwater permit, and any other permit or entitlement
required by,or issued pursuant to, this Code.
PERSON: Any individual, group of individuals or entity.
RESPONSIBLE PARTY: Any person or persons in charge or in control of
property,or the person or persons responsible for the event, incident or violation,
and shall include,but not be limited to, any of the following:
A. The owners of the property where the violation exists;
B. The person or persons using the property when the violation exists;
C. The person or persons in charge of the property where the violation
exists;
D. The parents or guardians of any minor that meets the criteria of
subsection A, B or C of this definition;
E. If the person is an entity, the manager of the property, the entity itself,
or the person in control or charge of the property.
1.22.030: AUTHORITY TO ISSUE CITATIONS:
A. Any person who violates any provision of this Code, any condition of
approval of a permit or entitlement, any condition or provision of any
environmental review, or any term or condition of any City agreement 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 violations of
this Code,and the failure to comply with any condition imposed on any permit or
entitlement,condition of environmental review, or City agreement issued or
approved pursuant to this Code. Prior to issuing an administrative citation, 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
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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 upon which the violation shall be corrected. The responsible person will be
given fifteen(15) calendar days to correct the violation. The enforcement officer
may,but is not required, to extend the time specified for correction of the
violation if, in the enforcement officer's sole and reasonable discretion,it is
determined that the responsible person is making substantial progress in
attempting to fully correct the violation. If the violation is not corrected within
that time period specified by the enforcement officer, an administrative citation
with a fine shall be issued.
B. A continuing violation of any provision of this Code, condition of a
permit or entitlement, condition or provision of environmental review,or term or
condition of any City agreement constitutes a separate and distinct violation each
and every day that the violation exists.
C. Each Code provision, condition of a permit or entitlement, condition or
provision of environmental review, or term or condition of any City agreement
violated is subject to the fine schedule in section 1.22.060 of this chapter and shall
be payable directly to the City of Redlands.
D. If more than one responsible party exists, the enforcement officer may
issue an administrative citation to any, all, or any combination of,responsible
parties.
1.22.040: PROCEDURE; CONTENT OF CITATION:
A. Upon discovery and personally observing a violation of this Code,
condition of approval of a permit or entitlement, condition of environmental
review, or City agreement, an enforcement officer may issue an administrative
citation to any responsible party.
B. Each administrative citation shall contain the following information:
1. Date and approximate time the violation was observed;
2. Address, or for property without an address, the assessor's parcel
number of the property where the violation occurred;
3. The Code provision, condition of approval of a permit or entitlement,
condition of environmental review, or City agreement violated, and a description
of the violations, including the approximate location of any property violations;
4. The amount of the fine per violation;
5. How to pay the fine, including when and where to pay the fine;
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6. A description of the appeals process including the time in which a
citation must be contested, and the location to obtain an appeal form;
7. If the violation is continuing, the citation may include an order to
correct the violation and the time frame given to correct the violation. The lack of
an order to correct violations shall not affect the validity of the administrative
citation or subsequent proceedings. If a correction order is given, the notice shall
state that correction does not relieve the responsible party's obligation to pay the
fine imposed;
8. An explanation of the consequences of new violations; and
9. The name and signature of the citing enforcement officer.
1.22.050: NOTICE REQUIREMENTS:
A. All administrative citations shall be served by complying with the
following:
1. Personal Service: The enforcement officer shall attempt to locate and
personally serve the responsible party and obtain the signature of the responsible
party on the administrative citation. If the responsible party refuses or fails to sign
the administrative citation, the refusal to sign shall not affect the validity of the
administrative citation or of subsequent proceedings.
2. Certified and First Class Mail: If the responsible party cannot be
contacted and personally served after reasonable efforts to do so have failed,
service may be effected by certified mail, return receipt requested.
Simultaneously, the citation may be sent by first class mail. If the certified mail is
returned without a signature, then service shall be deemed effective pursuant to
first class mail,provided the citation sent by first class mail is not returned by the
United States Postal Service. Service by mail shall extend the time to do any act
required on the administrative citation, including paying the fine and filing the
appeal,by five(5) days from the date the citation is mailed.
3. Posting: If the enforcement officer does not succeed in personally
serving the responsible person, or by effecting service by certified or first class
mail,the enforcement officer shall post the administrative citation on any real
property within the City in which the City has knowledge that the responsible
party has a legal interest and such posting shall be deemed effected service.
B. The failure of any person with an interest to receive actual notice
served in accordance with this section shall not affect the validity of any
proceedings taken pursuant to this chapter.
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C. Upon complying with the service procedures set forth in this Section,
the enforcement officer shall complete a declaration of service.
1.22.060: FINES: Fines shall be assessed in the amounts specified by resolution
or ordinance of the City Council or, where no amount is specified, in the
following amounts:
A. Any violation of this Code that is punishable as an infraction shall be
subject to a fine in the following amounts:
1. A fine not exceeding one hundred dollars($100.00)per Code
provision, condition of approval of permit of entitlement, condition of
environmental review, or City agreement violated for the first administrative
citation;
2. A fine not exceeding two hundred dollars ($200.00)per Code
provision, condition of approval of permit of entitlement, condition of
environmental review, or City agreement violated for a second administrative
citation for violation of the same Code provision issued within a twelve(12)
month period; and
3. A fine not exceeding five hundred dollars ($500.00)per Code
provision, condition of approval of permit of entitlement, condition of
environmental review, or City agreement violated in any subsequent
administrative citation issued for violation of the same Code provision within a
twelve(12)month period.
B. Any violation of this Code, condition of approval of permit of
entitlement, condition of environmental review, or City agreement that is
punishable as a misdemeanor shall be subject to a fine not to exceed one thousand
dollars($1,000.00)per Code provision violated.
1.22.070: SATISFACTION OF ADMINISTRATIVE CITATION:
A. Upon receipt of an administrative citation,the responsible person must
abate the Code violations described in the citation and pay the required fines to
the city within fifteen(15) days of issuance(subject to subsection 1.22.050A2 of
this chapter), or pay the fine and file an appeal pursuant to section 1.22.080 of this
chapter.
B. Any person who fails to pay the fine when due shall also be liable for
payment of a late payment charge of twenty-five percent of the fine. In addition,
delinquent fines shall accrue interest at the rate of ten percent per month,
excluding penalties, from the due date.
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C. Any fine paid shall be refunded if the person charged was not
responsible for the violation or there was no violation.
D. The city manager or the city attorney may suspend the fine when the
violation has been corrected or the person cited is not responsible.
E. Payment of a fine shall not excuse or discharge any failure to correct a
violation nor shall it bar further enforcement action by the city.
1.22.080: APPEAL:
A. Any recipient of an administrative citation may contest the citation.
1. Time To File Request For Hearing: A recipient must file a request for
hearing form with the city clerk within fifteen(15) days of the date of the citation.
If the citation is simultaneously mailed, the date to file the request is extended
five(5)days from the date the citation was last mailed.
2. Advance Deposit Required: On or before the date that the request for
hearing form is filed,the amount of the fine must be paid to the city or a hardship
waiver application approved.
B. The city attorney may review the citation prior to the hearing and may
dismiss or approve the citation. If the city attorney dismisses the citation,the
applicant shall be notified that the citation has been dismissed and that there is no
need for a hearing.
C. The person requesting the hearing shall be notified by regular mail of
the time and place set for the appeal no less than ten(10) days prior to the date of
the hearing.
D. No less than ten(10)days prior to the hearing, the administrative
citation recipient shall be served by regular mail a notice stating the time,date,
and location of the hearing, a copy of the enforcement officer's report, and all
documents submitted to the administrative hearing officer.
1.22.090: ADVANCE DEPOSIT HARDSHIP WAIVER:
A. Any person who intends to request a review of the administrative
citation to contest that there was a violation of the Code or that he or she is the
responsible party, and who is financially unable to make the advance deposit of
the fine as required in Section 1.22.080, may file a request for an advance deposit
hardship waiver.
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B. The request shall be filed with the City's Finance Department on an
advance deposit hardship waiver application form, available from the Finance
Department,within fifteen(15) days of the date of the administrative citation.
C. The requirement of depositing the full amount of the fine as described
in Section 1.22.080 shall be stayed unless or until the Finance Director, or
designee, makes a determination not to issue the advance deposit hardship waiver.
D. The Finance Director, or designee, may waive the requirement of an
advance deposit required by Section 1.22.080 A and issue the advance deposit
hardship waiver only if the cited party submits to the Finance Director, or
designee, a sworn statement, together with any supporting documents or
materials, demonstrating to the satisfaction of the Finance Director the person's
actual financial inability to deposit with the City the full amount of the fine in
advance of the hearing.
E. If the Finance Director, or designee, declines to issue an advance
deposit hardship waiver, the person shall remit the deposit to the City within ten
days of the date of that decision or thirty days from the date of the administrative
citation,whichever is later.
F. The Finance Director, or designee, shall issue a written determination
listing the reasons for his or her determination to issue or not issue the advance
deposit hardship waiver. The written determination of the Finance Director shall
be final and shall be served upon the person who applied for the advance deposit
hardship waiver.
1.22.100: ADMINISTRATIVE HEARING OFFICER:
A. The city may contract with the office of administrative hearings to
provide administrative law judges, contract annually for an individual
administrative hearing officer, engage the services of a volunteer administrative
hearing officer,or the City Manager may appoint a fair and impartial City
Department Director as a hearing officer or a fair and impartial member of the
public determined to be competent and qualified to hear the matter in the
discretion of the City Manager. Except for volunteer administrative hearing
officers and Department Directors, no individual administrative hearing officer
shall be retained for more than a one year term.
B. The administrative hearing officer shall have all powers necessary to
conduct fair and impartial hearings, including,but not limited to:
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1. Hold conferences for settlement or simplification of issues;
2. Administer oaths and affirmations;
3. Hear testimony;
4. Rule upon motions, objections and the admissibility of evidence;
5. Preserve and authenticate the record of the hearing and all exhibits and
evidence introduced at the hearing;
6. Regulate the course of the hearing in accordance with this chapter and
other applicable law;
7. Issue a final order which includes findings of fact and conclusions of
law;
8. Impose penalties and fines;
9. Issue orders to correct violations; and
10. Maintain continuing jurisdiction for purpose of granting continuances,
ensuring compliance with an order,modifying an order or granting a new hearing.
C. The employment, performance evaluation, compensation and benefits
of the administrative hearing officer, if any, shall not be directly or indirectly
conditioned upon the amount of the administrative citation fines upheld by the
administrative hearing officer.
1.22.110: HEARING PROCEDURE:
A. Hearing Set: Upon receipt of a timely and complete appeal filed
pursuant to section 1.22.080 of this chapter, the city clerk shall set a hearing
before the administrative hearing officer. The hearing shall be set no less than
fifteen(15),but no more than sixty(60), days from the date the appeal is filed. If
a hearing cannot be set within this time period,the citation shall be dismissed.
B. Testimony and Evidence; Administrative Hearing Officer's Powers:
1. Formal rules of evidence shall not apply. The administrative hearing
officer may decide upon the trustworthiness of all evidence.
2. Hearsay evidence may be admitted and relied upon, at the discretion of
the administrative hearing officer.
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3. Relevant documents may be received into evidence without formal
proof of authenticity. The administrative hearing officer shall determine the
weight,if any,to be afforded documents received into evidence.
C. Record of Proceedings: The city may record the proceedings. Either
party, at its own expense,may provide a certified court reporter to take and
transcribe the proceedings.
D. Postponement: For good cause shown, a postponement may be granted
by the administrative hearing officer.
E. Testimony; Evidence: The party contesting the administrative citation
shall be given the opportunity to testify and to present evidence concerning the
administrative citation.
F. Prima Facie Evidence; Rebuttal: The administrative citation and any
additional documents submitted by the enforcement officer shall constitute prima
facie evidence of the respective facts contained in those documents. The party
contesting the administrative citation may rebut the presumption with relevant
evidence.
G. Additional Information: Prior to rendering a decision, the
administrative hearing officer may seek additional information from any party.
H. Failure To Appear: Any person filing an appeal who does not appear at
the hearing, after notice of the date and time of the hearing, shall be deemed to
have waived the right to a hearing. In such a case, the administrative hearing
officer may issue an order based solely on submitted written materials.
I. Rules; Procedures: The administrative hearing officer may adopt rules
and procedures to govern hearings. These rules and procedures shall be kept by
the city clerk and made available at the hearings.
1.22.120: ORDER:
A. After considering all of the testimony and evidence submitted at the
hearing,the administrative hearing officer may announce the decision orally,but
in any event shall issue a written order to uphold, modify, condition or cancel the
administrative citation. If the hearing officer determines that First Amendment
rights are involved, the decision shall be read orally at the conclusion of the
hearing. The administrative hearing officer shall list the reasons supporting the
decision.The decision of the administrative hearing officer shall be final.
B. The administrative hearing officer shall issue the written order within
ten(10) working days after the hearing. Any party may submit a proposed order
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for the administrative hearing officer's consideration. The order shall be served by
regular mail, and shall be effective from the date it is mailed.
C. If the citation is upheld in full, the city shall retain the fine deposit. If
the citation is dismissed, or if the amount of the fine is reduced, the city shall
refund the appropriate amount within thirty(30) days of the order.
D. The administrative hearing officer shall not have the power to reduce
the fine. The administrative hearing officer may impose conditions and deadlines
to correct violations, not to exceed thirty(30) days, and require payment of any
outstanding fines.
E. The administrative hearing officer may assess administrative costs
incurred by the city in addition to fines imposed, including hearing costs.
F. Any person who violates any provision of the order shall be guilty of a
misdemeanor or infraction, as determined by, and in the prosecutorial discretion
of, the city attorney.
G. At any time prior to or during the hearing, the City Attorney may
exercise prosecutorial discretion to reach a plan agreement or compromise with
the responsible party or to dismiss any action.
H. If the violation is corrected in a reasonable time after the date of the
administrative citation or the decision of the administrative hearing officer, as
applicable,the City Manager or his or her designee shall have the discretion to
revise any cumulative fines to a total of not less than One Thousand Dollars
($1000)upon good cause shown by the responsible person. The determination of
the City Manager, or designee, shall be final and not subject to appeal or judicial
review. Fines shall not otherwise be reduced.
1.22.130: REVIEW: Any person aggrieved by the order of the administrative
hearing officer may obtain review with the San Bernardino superior court in
accordance with the time lines and provisions set forth in Government Code
section 53069.4. Judicial review shall not be available without first participating
in all hearing procedures as provided in this Chapter.
1.22.140: COLLECTION OF FINES:
A. Interest: The city may collect any past due administrative citation fine
at the rate of interest of ten percent per month, and costs of collection by all
available legal means.
B. Liens:
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1. The fines levied by administrative citation, or by administrative
hearing order, constitute a special assessment against each lot or parcel of land
upon which the violation existed, and as thus made and confirmed shall also
become the personal obligation of each lot or parcel of land.
2. Prior to recording any lien against any parcel, the city manager shall
prepare a report detailing the address, parcel number, and owner's name and
address,the amount of the fines, the date of the administrative hearing order or
administrative citation and the violations.
3. A bill for the costs shall be mailed to the property owner of record at
the address shown on the current assessment roll and any other address shown in
city records and to the holder of any recorded interest, whose address may be
ascertained from title records or is otherwise known to the enforcement officer,
with a notice of time and date on which the city council will hold a hearing to
hear and decide any objection to the assessment. Notice shall be given at least ten
(10)days prior to the hearing and shall specify that objections may be presented at
the hearing or filed in writing five(5) days in advance of the hearing.
4. The city manager's report shall be forwarded to the city council,which
shall hear and pass upon the report, together with any objections or protests which
may be raised by any property liable to be assessed for the cost of an
administrative citation or hearing order fine, and any other person. The city
council may make such correction,revision or modification in the report as it may
deem just. The report, as amended, shall be confirmed by resolution.
5. Immediately upon confirmation of the assessment, the city clerk shall
cause to be filed in the office of the county recorder of San Bernardino County a
notice of lien stating that it is recorded pursuant to this section. The lien shall also
include the parcel's address, legal description, assessor's parcel number,the
owner's name and address, the date of the administrative citation or administrative
hearing order,the amount of fine assessed, and the rate of interest. The form of
the lien shall be approved by the city attorney.
6. The county auditor shall enter each assessment on the county tax roll
upon the parcel of land. 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 procedure and sale in case of delinquency as is provided
for ordinary municipal taxes. All laws applicable to the levy, collection and
enforcement of municipal taxes shall be applicable to the special assessment.
1.22.150: REMEDIES NOT EXCLUSIVE: The procedures established in this
chapter shall be in addition to criminal, civil or other remedies which may be
simultaneously pursued. The use of this chapter shall be at the city's sole
discretion-
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1.22.160: TRANSFER OF OWNERSHIP: It shall be unlawful for the owner of
any dwelling unit or structure who has received a citation to sell, transfer,
mortgage, lease or otherwise dispose of such dwelling or structure to another
unless the provisions of the citation have been complied with, or until such owner
shall first furnish the grantee, transferee, mortgagee or lessee with a true copy of
the citation, and shall furnish to the enforcement officer a signed and notarized
statement from the grantee, transferee, mortgagee or lessee acknowledging the
receipt of such citation, and fully accepting the responsibility without condition
for making the corrections or repairs required by such citation or stating that the
grantee,transferee,mortgagee or lessee intends to timely challenge the citation as
provided for in this chapter. The transfer of ownership in violation of this section
shall not abrogate any sale, transfer, mortgage, lease or other disposition of
property."
Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
Ar
U
Pete Aguilar,YAayor
ATTEST:
Sam Irwin, (t-tfyACIerk
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I, Sam Irwin, City Clerk, City of Redlands,hereby certify that the foregoing Ordinance was duly
adopted by the City Council at the regular meeting thereof, held on the 21 st day of May 2013,by
the following vote:
AYES: Councilmembers Harrison, Gardner, Gilbreath; Mayor Aguilar
NOES: None
ABSTAIN: None
ABSENT: Councilmember Foster
A/)
Sam Irwin, City Clerk
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