Ordinance - 2015ORDINANCE NO. 2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADDING CHAPTER 15,
ARTICLE XI TO THE WEST COVINA MUNICIPAL CODE
ESTABLISHING A PROCEDURE FOR IMPOSING AND
COLLECTING ADMINISTRATIVE FINES FOR VIOLATIONS OF
THE WEST COVINA MUNICIPAL CODE
The City Council of the City of West Covina does hereby ordain as follows:
SECTION NO. 1: The City Council finds:
A. That pursuant to Government Code §53069.4, the legislative body of a
local agency may adopt an ordinance that makes any violation of any ordinance of the
agency subject to an administrative fine or penalty; and
B. That because the City desires to enforce the West Covina Municipal Code
in the most efficient manner possible, this ordinance sets forth an administrative
procedure for the enforcement of the West Covina Municipal Code, and the imposition
and collection of fines for its violation; and
C. That in adopting this ordinance the City Council desires to reduce, to the
greatest extent possible, the costs expended by all parties during enforcement
prosecution, thereby reducing the burden on the City and the already taxed judicial
system, while providing the alleged responsible party with due process and a fair hearing
before an impartial decisionmaker.
SECTION NO. 2: Article XI is hereby added to Chapter 15 of the West
Covina Municipal Code, to read as follows:
ARTICLE XI.
ADMINISTRATIVE FINES
Sections:
Sec. 15-216 - 15-219. Left blank intentionally
Sec.15-220.
Purpose.
Sec. 15-221.
Enforcement authority.
Sec.15-222.
Scope.
Sec. 15-223.
Administrative citation.
Sec. 15-224.
Correction conditions.
Sec. 15-225.
Responsible party's obligations.
Sec. 15-226.
Administrative fines.
Sec. 15-227.
Administrative hearing.
Sec. 15-228.
Judicial Review.
Sec. 15-229.
Failure to Comply.
Sec. 15-220. Purpose.
It is the purpose and intent of this Article to provide an alternative method of
enforcement for violations of the West Covina Municipal Code and any other City
ordinances (hereafter collectively the "Code"). The City Council finds that an
administrative fine program is an appropriate method of enforcement.
Sec. 15-221. Enforcement authority.
The Planning Director or his/her designee (hereafter the "Enforcement Official")
shall have the authority to administer and enforce the provisions of this Chapter.
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Sec. 15-222. Scope.
(a) For purposes of this Article XI only, the Enforcement Official has
discretion to treat any violation of the Code as either a misdemeanor or infraction. This
chapter shall apply only to violations of the Code determined to be infractions (hereafter
"Municipal Ordinance Violation").
(b) The procedures established in this Chapter supplement and are in addition
or an alternative to any criminal, civil or other remedy available or established by law or
under any other the provisions of the Code.
Sec. 15-223. Administrative citation.
(a) . Issuance of administrative citation. Except as set out in Section 15-224
for correction conditions, the Enforcement Official, upon determining that a person has
committed a Municipal Ordinance Violation (hereinafter referred to as "Responsible
Party"), may issue an administrative citation to the Responsible Party using the
procedures set out herein.
(1) As used herein, "Responsible Party" shall mean the occupant or owner of
the property or the person otherwise responsible for complying with Code
requirements. The administrative citation shall be served by personal
service on the Responsible Party or by certified mail, return receipt
requested to the Responsible Party's last known address. The Responsible
Party's refusal, to accept the administrative citation shall not affect the
validity of the administrative citation or any proceeding undertaken under
this Chapter.
(b) Administration citation contents. To the extent the following information
is reasonably available to the Enforcement Official, the administrative citation shall:
(1) State the date the administrative citation is issued;
(2) State the Responsible Party's name, current residential address, and
mailing address;
(3) Refer to the Code section(s) violated and describe how the Responsible
Party violated the Code section(s);
(4) State the date the violation was discovered by the Enforcement Official;
(5) State the amount of fine imposed for the violation;
(6) Explain how the Responsible Party may pay the fine, including the
location and manner, as well as the time period by which the fine must be
paid and the consequences of failure to pay the fine (i.e. ten (10) working
days to pay the fine);
(7) Explain _ the procedure for obtaining an administrative hearing,
specifically, notice that the Responsible Party must make a written request
within ten (10) working days from the date the administrative citation is
issued and that the Responsible Party will be notified by mail of the date
of the hearing;
(8) Include a warning that a failure to pay the fine and/or request and appear
at an administrative hearing may result in the penalties described in
Section 15-22.9(b); and
(9) Describe the action necessary to correct the Municipal Code Violation,
and explain that failure to do so may result in the issuance of additional
administrative citations and the imposition of additional fines.
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Sec. 15-224. Correction conditions.
(a) Issuance of correction notice. This Section 15-224 shall apply when the
Municipal Ordinance Violation pertains to building, plumbing, electrical, or other similar
structural or zoning issues that do not create an immediate danger to health or safety
(hereafter "Correction Condition").
(b) Correction period. A Responsible Party shall have a reasonable period of
time to correct or otherwise remedy a Correction Condition prior to the issuance of an
administrative citation and the imposition of a fine.
(c) Correction notice. Upon discovery of a Correction Condition, the
Enforcement Official shall issue a written correction notice to the Responsible Party be
personal service or by certified mail, return receipt requested, to the Responsible Party's
last known address. The Responsible Party's refusal to accept the correction citation(s)
shall not affect the validity or any, other proceeding set forth in this Chapter.
(d) Correction notice contents. To the extent the following information is
reasonably available to the Enforcement Official, the correction notice shall:
(1) Refer to the Code section(s) violated and describe how the Responsible
Party violated the Code section(s);
(2) Describe the action necessary to correct the Municipal Code Violation;
(3) State the final date by which the correction must be completed; and
(4) Include a warning that failure to correct the violation may result in the
issuance of an administrative citation and imposition of an administrative
fine and shall state. the amount of the fine to be imposed for the violation.
(e) Procedure upon expiration of correction period. If the Responsible Party
remedies the Municipal Code Violation within the period set forth in the correction
notice, the Enforcement Official may issue the Responsible Party.a notice of compliance.
If the Responsible Party does not remedy the Municipal Code Violation within the period
set forth in the correction notice, the Enforcement Official may issue the Responsible
Party an administrative citation pursuant to Section 15-223.
Sec. 15-225. Responsible party's obligations.
Within ten (10) working days from the date the administrative citation is served
on the Responsible Party, the Responsible Party shall pay the fine amount designated on
the administrative citation and may also make a written request for an administrative
hearing ("hearing"). The issuance date shall mean the date the administrative citation is
released from the City's possession by any of the methods specified in Section 15-223.
Sec. 15-226. Administrative fines.
(a) Amount. The amount of administrative fines shall be determined by
resolution of the City Council, which shall include late payment charges and increased
fines for repeated violations. The fine amounts for infractions set forth in other sections
of this Code shall not apply to this Chapter and shall in no way limit the amounts which
may be imposed for administrative fines.
(b) Continuing violation. Each and every day during any portion of which
any Municipal Ordinance Violation is committed, continued, or permitted shall constitute
a separate offense.
(c) Payment of fine. The Responsible Party must pay the administrative fine
within ten (10) working days from the date the administrative citation is issued or file for
a hardship fee mitigation as set out below within the same time period.
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(d) Obligation no correct violation. Nothing in this Chapter shall be
interpreted to mean that because a Responsible Party has paid the administrative fine that
he or she is not required to correct the Municipal Ordinance Violation. Failure to correct
the Municipal Ordinance Violation may result in additional fines.
(e) Hardship fee mitigation. Any person who is financially unable to pay the
administrative fine may file a request for a hardship fee mitigation with the Planning
Director within the time set. The request shall be in writing (whether or riot on a form
provided by the City) and shall describe ' why the fine cannot be paid, any payment
schedule, and supporting documents. The request shall be made under penalty of perjury.
Once filed, the requirement for payment of an administrative fine shall be stayed while
the Planning Director determines whether or not to grant the request. His/her
determination shall be in writing and served on the Responsible Party. If the Planning
Director does not waive or establish a payment system, the administrative fine shall be
paid within not less than ten (10) working days or later as set out in the notice.
Sec. 15-227. Administrative hearing.
(a) Ability to contest administrative citation. Any Responsible Party to whom
an administrative citation has been issued may contest that there was a violation of the
Code or that he or she is the Responsible Party by filing a written request with the
Planning Director for a hearing within ten (10) working days from the date of issuance of
the administrative citation. Such request shall be accompanied by payment of the
administrative fine or notice that a request for a hardship fee mitigation has been filed
pursuant to Section 15-226(e). The Planning Director shall set a date for a hearing within
thirty (30) calendar days of the request.
(b) Notification of hearing. At least ten (10) working days prior to the date of
the hearing, the City shall, by certified mail, return receipt requested, or personal service,
give notice to the Responsible Party of the time, date, and location of the hearing. The
City also shall provide the Responsible Party in advance with any materials provided to
the Hearing Officer.
(c) Hearing officer.
(1) The Planning Director shall appoint a person or persons who shall preside
at the hearing and hear all facts and testimony presented and deemed
appropriate (the "Hearing Officer").
(2) Any person designated to serve as a Hearing Officer is subject to
disqualification for bias, prejudice, interest, or for any other reason for
which a judge may be disqualified pursuant to Code of Civil Procedure
Section 170.1. The Responsible Party may challenge the Hearing Officer's
impartiality by filing a statement with the Planning Director objecting to
the hearing before the Hearing Officer and setting forth the grounds for
disqualification. The question of dis 1 qualification shall be heard and
determined in writing by the Planning Director within thirty (30) days
following the date on which the disqualification statement is filed.
(3) Alternatively, either the Planning Director or the Hearing Officer may
refer the hearing to the Planning Commission to be heard at its next
regular meeting. In such cases, the Planning Commission shall function as
the Hearing Officer as set out herein.
(d) Administrative hearing procedures.
(1) The administrative hearing is intended to be informal in nature. Formal
rules of the California Evidence Code and discovery shall not apply,
except that irrelevant and unduly repetitious evidence may be excluded at
the Hearing Officer's discretion.
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(2) Each party sliall have the opportunity to offer testimony and evidence and
cross examine witnesses in support of his or her case.
(3) Pursuant to California Penal Code Section 196, a Responsible Party shall
not be entitled to .a jury for an infraction charge, nor shall a Responsible
Party be entitled to have the public defender or other counsel appointed at
f
public expense to represent him or her.
(4) The Hearing Officer may continue the hearing or request additional
information from either side.
(e) Administrative order.
(1) Within ten (10) working days of the conclusion of the hearing, the Hearing
Officer shall provide the Responsible Party with its decision in writing
("Administrative Order"). The Hearing Officer shall provide the
Responsible Party with the Administrative Order by personal service, or
by certified mail, return receipt requested, to the Responsible Party's last
known address.
(2) The Administrative Order shall contain the Hearing Officer's reasons for
the decision and the procedure described in Section 1.20.90 for seeking
judicial review.
(3) A decision in favor of the Responsible Party shall constitute a dismissal of
the Municipal Ordinance Violation. The City shall promptly return any
monies paid by the Responsible Party.
(4) If the Hearing Officer renders a decision in favor of the City, the
Responsible Party must comply with the Administrative Order or seek
judicial review of the Administrative Order pursuant to Section 15-228.
(f) Failure to attend. administrative hearing.
(1) Waiver of right to hearing. The Responsible Party' s failure to appear at a
hearing shall constitute a waiver of the right to a hearing, a forfeiture of
the fine, and a failure to exhaust administrative remedies.
(2) Good cause. Upon a showing of good cause by the Responsible Party, the
Hearing Officer may excuse the Responsible Party's failure to appear at
the hearing and reschedule the hearing. Under no circumstances shall the
hearing be rescheduled more than one time.
Sec. 15-228. Judicial review.
If an Administrative Order is rendered in favor of the City, the Responsible Party
may seek judicial review of the Administrative Order by doing one of the following:
(1) Appeal the Administrative Order pursuant to California Government Code
Section 53069.4 within twenty (20) calendar days ' after service of the
Administrative Order. Pursuant to Section 53069.4, the appealing party
shall serve a copy of the appeal notice in person or by first class mail upon
the City. Appeal notices shall be sent to the City Clerk. If no appeal
notice is filed within the twenty (20) calendar day period, the decision
shall be deemed confirmed; or
(2) File a petition for a writ of mandate pursuant to California Code of Civil
Procedure Section 1094.5, et seq., within ninety (90) calendar days after
service of the Administrative Order.
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Sec. 15-229. Failure to comply.
(a) Default defined. As used in this section, the term "Default" shall mean
any of the following occurrences:
(1) The Responsible Party fails to either pay the administrative fine within ten
(10) working days from the date the administrative citation is issued.
(2) The Responsible Party fails to either comply with the Administrative
Order or to seek judicial review of the Administrative Order.
(b) Penalty fine. The occurrence of a Default may result in the City
increasing the administrative fine, not to exceed the maximum amounts set forth in
Section 15-226 ("Penalty Fine").
(c) Account receivable. Upon the occurrence of a Default, the City may treat
the administrative fine or Penalty Fine, whichever is applicable, as an account receivable,
subject to the City's established policy for delinquent accounts receivable.
(d) Misdemeanor. A Default shall constitute a misdemeanor punishable by a
maximum of a one Thousand Dollar ($1,000.00) fine or six (6) months in jail, or both.
(e) Collection. The City may use all appropriate legal means to collect the
fines imposed pursuant to this Chapter.
SECTION NO. 3: Severability.
If any provision, clause, sentence, or paragraph of this Chapter or the application
thereof to any person, establishment, or circumstance shall be held invalid, such
invalidity shall not affect the other provisions or application of this Chapter which can be
given effect without the invalid provision or application, and to this end, the provisions of
this chapter are hereby declared to be severable.
SECTION NO.4: . Effective Date.
This ordinance shall be effective thirty (30) days from the date of adoption.
SECTION NO. 5` Certification.
The City Clerk shall certify as to tl
same to be published as required by law.
ATTEST:
'City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
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inance and shall cause the
•
Ordinance No. 2015
Administrative Fines
April 21, 1998 — Page 7
I, Janet Berry, City Clerk of the City of West Covina, California, do hereby
certify that the foregoing Ordinance No. 2015 was regularly introduced at a regular
meeting of the City Council held on the 21 Sc day of April, 1998, the reading in full thereof
unanimously waived, and was adopted and passed at a regular meeting of the City
Council held on the 5th day of MAY , 1998, by the following vote:
AYES: Herfert, Howard, Touhey, Wong, Melendez
NOES: None
ABSENT: None
APPROVED AS TO FORM:
AV. &L�'
ity Atto ey
V
City Cler
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