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HomeMy WebLinkAboutOrdinance No. 97-O170 0 ORDINANCE NO. 97-017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 1 OF THE AZUSA MUNICIPAL CODE PERTAINING TO ADMINISTRATIVE PROCEDURES GOVERNING THE IMPOSITION, ENFORCEMENT, ADMINISTRATIVE REVIEW AND COLLECTION OF PENALTIES FOR VIOLATING PROVISIONS OF THE AZUSA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1 of the Azusa Municipal Code is hereby amended to read as follows: 1-24 ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THIS CODE Administrative Penalties. Every violation of a provision of this Code defined as an "infraction" or "misdemeanor" in Section 1-10 of this Code shall be subject to an administrative civil penalty, and Administrative Hearing Costs, if any, as set by separate resolution of the City Council per day for each offense. Said penalties may be charged in addition to or in lieu of any other penalty imposed by this Code and shall be cumulative for each subsequent day after notice has been provided as set forth herein. 1-25 IMPOSITION OF ADMINISTRATIVE PENALTIES Whenever any peace officer authorized to enforce the provisions of this Code finds that a provision of this Code has been violated, he or she shall notify the violator in writing of the violation and inform the violator of the penalty or fine owed to the city for violating the Code. If the violation pertains to building, plumbing, electrical or other similar structural or zoning matters that do not pose an immediate danger to health or safety the written notice shall describe the violation and establish a reasonable correction period or schedule, which shall not be less than ten (10) days. If the violator presents proof of correction of the violation to the City Clerk within the correction period, the penalty shall be avoided. ONT JTM\65911 0 1-26 PERSONS SUBJECT TO PENALTIES Property owners, property managers, tenants, lease holders, guests, parents and or guardians of a juvenile, or other person cited for violation of this Code shall be jointly liable for penalties imposed under this Chapter. 1-27 CONTENT OF VIOLATION NOTICE All violation notices imposing an administrative penalty shall contain the relevant Municipal Code sections for which an administrative penalty is being imposed along with a brief description of the violation, the amount of the administrative penalty, the location of the violation, the date the violation was first observed, the name and address of the property owner of record as determined by the latest Los Angeles County Tax Assessor Roll data (if the violation pertains to any real property), and/or the name and address of any other person(s) determined by the enforcing officer to be responsible for any violation of the Municipal Code. The notice shall also contain the final date by which an appeal may be filed, where the appeal may be filed, and the cost of the Administrative Hearing should the appeal be ultimately denied. The notice referred to in this section shall be in substantially the following format: NOTICE OF ADMINISTRATIVE PENALTY FOR VIOLATION OF THE AZUSA MUNICIPAL CODE This notice is to inform you that on , 19--, at [location] you violated section of the Azusa Municipal Code by [description of violation]. The Code, the penalty for this violation is $ [However, because this violation pertains to building, plumbing, electrical, or other similar structural or zoning violation, you may avoid paying the penalty if you correct the violation, and present proof of the correction to the City Clerk within days.] You must pay the penalty for this violation within 10 (ten) days from the date of this notice. If you fail to timely pay the penalty, the City will initiate collection procedures against you in any manner permitted by law. ONTIJTW65911 -2- • 0 If you contest this penalty, you may request a hearing by providing a written explanation to the City Clerk as to why the violation is being contested. The City will thereafter review your explanation and either schedule an administrative hearing under section 1-30 of the Azusa Municipal Code, or withdraw the penalty. Dated this day of 19 (Title) Authority: Azusa Municipal Code Section 1-24 et. seq. 1-28 SERVICE OF NOTICES Service of notices required under this Chapter shall be made by the following means: A. By personal service on the violator(s) in the same manner as a summons in a civil action; or, B. By registered United States mail. Service shall be complete at the time of deposit into the United States mail. 1-29 REQUEST FOR HEARING Any person who is ordered to pay an administrative penalty for violating this Code may request an administrative hearing before a city hearing officer by providing a written explanation to the City Clerk's Office as to why the violation is being contested. Upon filing a request for hearing, the appellant shall be given a hearing date of not less than 7 or more than 30 days from the date of filing an appeal. 1-30 HEARING All hearings held pursuant to this Chapter shall be recorded by audio -recording device unless the City chooses to use a court reporter. The hearings need not be conducted according to technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in and of itself to support a finding unless it would be admissible over objection in a civil action in a California court of competent jurisdiction. Any relevant evidence shall be admitted if it ONTJTM\65911 -3- 0 0 is the type of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded. The hearing officer may at his/her discretion continue a hearing from time to time should a continuance be deemed necessary. 1-31 DECISION OF HEARING OFFICER Following the hearing on the violation, the hearing officer shall consider all evidence and determine whether a violation of the Code has occurred and/or continues to occur. If the hearing officer determines that a violation has occurred and/or is continuing to occur, he or she shall make a written order affirming the administrative penalty. Said order shall set forth findings supporting the order. The order shall further inform the violator of his/her right to appeal the order within 20 days to the municipal court. All written orders of the hearing officer shall be made by First Class United States Mail and shall allow a minimum of 3 working days from the date of mailing for delivery before the time in which an appeal to the municipal court may be made begins to run. 1-32 HEARING OFFICER COST TO BE ADDED TO ADMINISTRATIVE PENALTIES Upon the filing of an appeal, the appellant shall be charged the cost of the Hearing Officer in an amount which shall be set by separate Resolution of the City Council and added to the administrative penalty should the appeal be denied. Should the appeal be successful, and the violation determined to be invalid, no cost shall be charged. 1-33 ALTERNATIVES Nothing in this Chapter shall prevent the City from initiating a civil or criminal proceeding or any other legal or equitable proceeding as an alternative to the proceedings set forth in this Chapter. 1-34 COLLECTION OF PENALTIES Administrative penalties shall be a debt to the City and subject to all remedies for debt collection as allowed by law. When a violation involves privately owned real property and ONT JT"65911 -4- 0 0 the administrative penalty is unpaid within the prescribed time, the amount of the penalty shall be recorded as a lien upon and against the real property involved without further hearing. Penalties involving real property may also be recorded with the Los Angeles County Auditor Controller's Office and placed on the regular tax rolls for collection in the same manner as an Ad Valorem Tax without further hearing. Administrative penalties that are not associated with real property and unpaid within the prescribed time may be recorded with the Los Angeles County Recorder's Office as an Unsecured Lien against the name of the violator and/or with the California Franchise Tax Board "Inter -Agency Offset Program" pursuant to Section 12919.10 of the California Government Code without further hearing. Unsecured liens shall be subject to all other means of debt collection as allowed by law. Unpaid administrative penalties shall be a misdemeanor for which the violator may be prosecuted. SECTION 2. If any provision or clause of this ordinance is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of the Ordinance are declared to be severable. PASSED AND APPROVED this ONNTW65911 -5- i STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa do hereby certify that the foregoing Ordinance No. 97-017 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of November , 1997. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1st day of December 1997, by the following vote, to wit: AYES: COUNCIL MEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NON ONTUTM\65911 -6-