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ORDINANCE 1364ORDINANCE NO. 1364 AN ORDINANCE ADDING A NEW CHAPTER 2A TO TITLE 1 OF THE EL SEGUNDO MUNICIPAL CODE ESTABLISHING AN ADMINISTRATIVE CITATION PROCEDURE TO IMPOSE ADMINISTRATIVE FINES FOR CERTAIN VIOLATIONS OF THE EL SEGUNDO MUNICIPAL CODE. The Council of the City of El Segundo does ordain as follows: SECTION 1: A new Chapter 2A, entitled "Administrative Citations" and containing §§ 1 -2A -10 to 1 -2A -270, is added to the El Segundo Municipal Code to read as follows: "CHAPTER 2A ADMINISTRATIVE CITATIONS 1- 2A -10. Purpose. 1- 2A -20. Applicability. 1- 2A -30. Definitions. 1- 2A -40. Notices. 1- 2A -50. Administrative citations. 1- 2A -60. Amount of administrative fines. 1- 2A -70. Payment of administrative fines. 1- 2A -80. Delinquent administrative fines - penalties and interest. 1- 2A -90. Issuance of permits. 1 -2A -100. Compliance orders. 1 -2A -110. Correction of violation. 1 -2A -120. Initial administrative review - Request. 1 -2A -130. Initial administrative review - Procedure. 1 -2A -140. Initial Administrative Review - Decision. 1 -2A -150. Request for administrative hearing. 1 -2A -160. Advance deposit- Hardship waiver. 1 -2A -170. Hearing officer. 1 -2A -180. Hearing date. 1 -2A -190. Conduct of hearings. 1 -2A -200. Hearing officer's decision. 1 -2A -210. Disposition of administrative fines. 1 -2A -220. Right to Judicial Review. 1 -2A -230. Recovery of Administrative Citation Fines and Costs. 1 -2A -240. Lien Procedure. 1 -2A -250. Recording a Lien. 1 1 -2A -260. Administrative fee. 1 -2A -270. Satisfaction of Lien. ARTICLE 1— GENERAL PROVISIONS 1- 2A -10. PURPOSE. This chapter is adopted pursuant to the city's police powers and Government Code § 53069.4 for the purpose of making any violations of El Segundo Municipal Code §§ 5 -4 -1 to 5 -4 -13 (entitled "Storm Water and Urban Runoff Pollution Control') subject to an administrative fine and to set forth the procedures for the imposition and collection of such fines. 1- 2A -20. 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 violations of the Storm Water Code. The use of this chapter is at the sole discretion of the code enforcement officer. 1- 2A -30. 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. "Code enforcement officer" means city employees from the Public Works Department, Community and Economic Development Department, or Fire Department with the authority to enforce this code. C. "Storm Water Code" means §§ 5 -4 -1 to 5 -4 -13 of the El Segundo Municipal Code and any federal, state, or local regulation enforced by and through the Storm Water Code including, without limitation, pertinent provisions of Titles 13 and 15 of this Code. 1- 2A -40. 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 2 this chapter. ARTICLE 2 — ADMINISTRATIVE CITATIONS 1- 2A -50. 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: 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; 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 3 chapter and forward a copy of the administrative citation to the city clerk. 1- 2A -60. AMOUNT OF ADMINISTRATIVE FINES. The amounts of the administrative fines imposed for code violations under this chapter will be 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. 1- 2A -70. 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, within fifteen (15) days after the date of the notice of the conclusions of that initial administrative review, whichever is later. 1- 2A -80. 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 (I%) per month, exclusive of penalties, from the due date. 1- 2A -90. 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. 1 -2A -100. COMPLIANCE ORDERS. Before issuing an administrative citation for any violation of building, plumbing, electrical, or similar regulation set forth in this code or incorporated by reference, or any violation of Title 15 of this code, 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 code enforcement officer may, but is not required to, issue a compliance order for any violation of the Storm Water Code. Any compliance order issued by a code enforcement officer must contain all of the following: A. The date on which, and geographic location where, the violation was observed; 4 B. The section 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; 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. 1 -2A -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. ARTICLE 3 - ADMINISTRATIVE REVIEW AND HEARINGS 1 -2A -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 city clerk 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. 1 -2A -130. INITIAL ADMINISTRATIVE REVIEW - PROCEDURE. The city clerk will forward initial administrative review requests to the following persons (collectively identified as "reviewing officer "): A. To the community and economic development director if the code enforcement officer issuing the administrative citation is an employee within the community and economic development department; B. To the fire chief if the code enforcement officer issuing the administrative citation is an employee within the fire department; or C. To the public works director if the code enforcement officer issuing the administrative citation is an employee within the public works department. 1 -2A -140. INITIAL ADMINISTRATIVE REVIEW — DECISION. A. Upon receiving these requests from the clerk, the reviewing officer will review the requests and provide the clerk with a written notification that: 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; 2. The citation should not be vacated because no justification could be found; B. The city clerk's office 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 reviewing officer should complete his/her review within ten (10) days of receiving the citee's request. ARTICLE 4 — ADMINISTRATIVE HEARING PROCEDURES 1 -2A -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 clerk's office and be accompanied by an advance deposit of the fine or a request for a hardship waiver. 1 -2A -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 city clerk's office on a form containing information that may be required by the city clerk. The city clerk 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 that the citee's actual financial inability to deposit the full amount of the fine. G B. The city clerk will inform the citee in writing regarding whether the city clerk approved the waiver. This determination must be served upon the citee by mail at the address provided in the waiver application. The city clerk's determination is final. C. Should the clerk 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. 1 -2A -170. HEARING OFFICER. The city manager designates the hearing officer for the administrative citation hearing. 1 -2A -180. HEARING DATE. After receiving a timely hearing request and deposit, or waiver, of the fine amount, the city clerk 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. 1 -2A -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. 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 7 at the hearing by the code enforcement officer. D. Attendance of Code Enforcement Officer. The code enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the code enforcement officer does not attend, the code enforcement officer may, before the hearing date, submit reports, photos or other documentation regarding the violation to the hearing officer for consideration at the 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. 1 -2A -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. B. The city clerk 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. 1 -2A -210. DISPOSITION OF ADMINISTRATIVE FINES A. Should the hearing officer uphold the administrative citation, then the city can retain the deposited fine amount. B. Should the hearing officer vacate the administrative citation, then 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. 1 -2A -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 § 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. ARTICLE 5 — COLLECTION AND LIEN PROCEDURES 1 -2A -230. RECOVERY OF ADMINISTRATIVE CITATION FINES AND COSTS. 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 (90) days, plus penalties and interest. 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. 1 -2A -240. LIEN PROCEDURE A. The city manager, or designee, may initiate proceedings to record a lien conforming with this article if the decision is not appealed. B. Before recording the lien, the city manager, or designee, must submit a report to the city clerk stating the amounts due and owing. C. The city clerk will fix a time, date, and place for the city council to consider the report and any protests or objections to it. D. The city clerk must serve the citee with a hearing notice not less than ten (10) days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice must be delivered first -class mail, postage prepaid, addressed to each citee's address as it appears on the last equalized assessment roll or supplemental roll of the County of Los Angeles, whichever is more current. Service by mail is effective on the date of mailing and failure of citee to actually receive notice does not affect its validity. E. At the conclusion of the hearing, the city council will adopt a resolution confirming, discharging, or modifying the lien amount. 1 -2A -250. RECORDING ALIEN. Within thirty (30) days following the city council's adoption of a resolution imposing a lien, the city clerk will file same as a judgment lien in the Los Angeles County Recorder's Office. Z 1 -2A -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. 1 -2A -270. SATISFACTION OF LIEN. Once the city receives full payment for outstanding principal, penalties, and costs, the city clerk 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." SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. 10 PASSED AND ADOPTED this 1,,t- day of July , 2003. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1364 was duly introduced by said City Council at a regular meeting held on the 17th day of June , 2003, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 1st day of July , 2003, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, Gaines, McDowell, Wernick NOES: None ABSENT: None ABSTAIN: None &*Unam'&tj — Cindy rtesen, City Clerk / •f � APPROVED AS F Mark D. Hen v, to i Karl H. Berger , ' Assistant City Attoi 11 c_!7 CITY OF EL SEGUNDO AFFIDAVIT OF POSTING: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF EL SEGUNDO } ORDINANCE NO. 1364 AN ORDINANCE ADDING A NEW CHAPTER 2A TO TILE 1 OF THE EL SEGUNDO MUNICIPAL CODE ESTABLISHING AN ADMINISTRATIVE CITATION PROCEDURE TO IMPOSE ADMINISTRATIVE FINES FOR CERTAIN VIOLATIONS OF THE EL SEGUNDO MUNICIPAL CODE I, Cathy Domann, declare as follows: That I am the Deputy City Clerk, acting as a Secretary to the El Segundo City Council; that a copy of the document listed above for the meeting of July 1, 2003, was posted at the following conspicuous place, City Hall Front Window, on July 15, 2003, at 9:30 p.m. declare under the penalty of perjury that the foregoing is true and correct. Executed on July 15, 2003. G^ baKa#"- (Signature)