HomeMy WebLinkAboutOrdinance #3397 fee. ��^dc.-ccU.�cG 3 3 9�' /.�I�• G_'-��
ORDINANCE NO. 3397
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH ADDING CHAPTER 1.18 TO THE HUNTINGTON
BEACH MUNICIPAL CODE ESTABLISHING
ADMINISTRATIVE PROCEDURES FOR CIVIL
CITATIONS AND CIVIL FINES FOR MUNICIPAL CODE
VIOLATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Chapter 1.18 is hereby added to the Huntington Beach Municipal
Code, said Chapter to read as follows:
Chapter 1.18
ADMINISTRATIVE CITATIONS
Sections:
1.18.010 Applicability
1.18.020 Definitions
1.18.030 Administrative citation
1.18.040 Citation.for Building Violation
1.18.050 Citation Contents
1.18.060 Service of Citation
1.18.070 Amount of Civil Fines
1.18.080 Payment of Civil Fines
1.18.090 Preliminary Review
1.18.100 Request for Administrative Hearing
1.18.110 Waiver of Fine Deposit
1.18.120 Hearing Procedures
1.18,130 Administrative Hearing Decision
1.18.140 Right to Judicial Review
1.18.150 Collection of Unpaid Fines
1.18.010 --APPlicability.
A. This chapter makes any violation of the provisions of this code subject to civil
fine.
B. This chapter establishes the administrative procedures for the imposition,
enforcement, collection, and administrative review of civil fines pursuant to Government Code
1
imp/misc/adminlcivilf n2
Windows 97
3397
section 53069.4 and the City's plenary police power under its charter.
C. The issuance of an administrative citation under this chapter is solely at the City's
discretion and is one option the City has to address violations of this code. By adopting this
chapter, the City does not intend to limit its discretion to utilize any other remedy, civil or
criminal, for such violations that the City may select in a particular case.
D. The purpose of issuing administrative citations pursuant to this chapter is to
encourage voluntary and complete compliance with the provisions of this code for the protection
and benefit of the entire community.
E. Notwithstanding any lease, license or any other instrument or agreement, the
owner of any real property has the right to enter upon his or her own property to the extent
reasonably necessary to abate any nuisance or correct any violation of this code existing thereon.
The provisions of this subsection shall be an implied term of any instrument affecting the right to
possession of real property located in the City of Huntington Beach.
F. Because of the serious blighting conditions that can result affecting the residents'
health and safety, this chapter is intended to impose strict civil liability upon the owners and
lessees of real property for all building, housing, fire and health code and zoning violations that
occur upon the subject premises.
1.18.020 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
A. Citee - Person given an administrative citation charging him or her as a
responsible person for a code violation.
B. Citation - An administrative citation issued pursuant to this chapter. Citation
includes a Notice of Noncorrection unless the context clearly shows otherwise.
C. Building Violation - Any violation of this code pertaining to building, plumbing,
electrical, or other similar structural or zoning regulations set forth in this code
that does not create an immediate danger to health or safety.
D. Enforcement officer - Any City employee or agent of the City designated by the
Director of any City Department which has the authority and responsibility to
enforce provisions of this code.
E. Issued - Giving a citation to the ctee and issuance occurs on the date when a
citation is personally served on the ctee, the date it is mailed to the citee, or the
date it is posted on real property where a property related violation occurs.
F. Issuing department - The City Department that has the authority and
responsibility for enforcing the code section(s) designated on a citation as having
been violated.
G. Hearing officer - The person appointed by the City Administrator to serve as the
hearing officer for administrative hearings. Prior to conducting hearings the
Hearing Officer must first be certified by the City Attorney as qualified to provide
2
jmplmiscladminlcivilfn2
Windows 97
3397
a fair and impartial hearing based on appropriate education, training and
experience.
H. Notice of Noncorrection - A reissuance of an original citation for a building
violation which notes a violation(s) on the original citation has not been corrected
within the applicable correction period.
L Responsible person -A responsible person is any of the following:
I. A person who causes a code violation to occur.
2. A person who maintains or allows a code violation to continue, by his or
her action or failure to act.
3. A person whose agent, employee, or independent contractor causes a code
violation by its action or failure to act.
4. A person who is the owner of, and a person who is a lessee or sublessee
with the current right of possession of, real property where a property
related code violation occurs.
5. A person who is the on-site manager of a business who normally works
daily at the site when the business is open and is responsible for the
activities at such premises.
For purposes of this subdivision "person " includes a natural person or legal
entity, and the owners, majority stockholders, corporate officers, trustees, and
general partners of a legal entity.
There shall be a legal rebuttable presumption that the record owner of a parcel
according to the County's latest equalized property tax assessment rolls and a
lessee or sublessee of a parcel has notice of any code violation existing on the
premises.
For the purposes of this chapter, there may be more than one responsible
person for a code violation, and a minor at least 14 years of age may be a
responsible person subject to the provisions of this chapter.
t.18.030. Administrative citation for non-building violation.
A. Any Enforcement Officer upon determining that a provision of this code, which
he or she is charged to enforce, has been violated has the authority to issue an administrative
citation to any responsible person or persons. An Enforcement Officer may issue a citation for a
violation the officer did not see occur if the officer has determined through investigation that the
responsible person did commit the violation. A responsible person to whom a citation is issued
shall be liable for and shall pay to the City the fine or fines described in the citation when due
pursuant to the provisions of this chapter.
B. Every person who applies for and receives a permit, license, or any type of land
use approval (e.g., subdivision maps, conditional use permits, variances), shall comply with all
conditions imposed upon the issuance of the permit, license or other approval. Violation of any
condition of such permit, license or approval shall be subject to an administrative citation and
civil fine under the provisions of this chapter.
3
jmplmiscladmi nlcivilfn2
Windows 97
3397
C. Each day a violation of this code exists shall be a separate violation and be subject
to a separate fine. A citation may charge a violation for one or more days on which a violation
exists, and for violation of one or more code sections.
D. The City may take into consideration the fact that a person has been issued
citations when the City is determining whether to grant, suspend, revoke, or deny any permit,
license, or any type of land use approval for the person and such citations are evidence that the
person has committed acts that are not compatible with the health, safety and general welfare of
other persons and businesses in the vicinity.
1.18.040. Administrative citation for building violation.
A. When a citation is issued for a building violation, a thirty (3 0) day correction
period shall be provided for the correction of the violation and the citee shall correct the violation
within that period. Notwithstanding section 1.19.030, no responsible person for a building
violation shall be liable for a civil fine unless the violation continues after the 30 days allowed
for its correction (plus any extension) and he or she is issued a Notice of Noncorrection.
B. The citee of a building violation may request an extension of the correction period
provided that a request is filed with the Director of the Issuing Department before the 30-day
period ends. The Director may in his or her discretion grant a reasonable extension of the period
of time to correct the violation if the citee has supplied substantial evidence showing that the
correction cannot reasonably be made within the 30-day period. The Director's decision shall be
in writing and is final. The filing for such an extension does not, unless granted, extend the 30-
day correction period or any other time periods set by this chapter.
C. If a building violation has not been corrected by the end of the correction period,
the Enforcement Officer has authority to issue to the responsible person a Notice of
Noncorrection. The citee to whom the Notice of Noncorrection is issued shall be liable for and
shall pay to the City the fine or fines described in the Notice of Noncorrection which fine shall
be due on the date the Notice of Noncorrection is issued. Additional citations may be issued and
fines imposed for every day the violation continues uncorrected from the date the Notice of
Noncorrection is issued and the citee shall be liable for and shall pay to the City any additional
fine which shall be due on the date any new citation is issued-
D. If upon reinspection the Enforcement Officer determines the violation has been
corrected, he or she will issue a Notice of Decision to the citee indicating correction has been
made.
1.18.050. Citation Contents.
A. Each administrative citation shall contain the following information:
1. Name of the responsible person for the violation of this code.
2. Date on which an inspection established the code violation.
3. Issuing department for the code section(s)violated.
4
jmp/misc/admi n/civiIfn2
Windows 97
3397
4. The code section violated.
5. Address where the code violation occurred.
6. Description of the violation established by inspection.
7. Amount of the fine for the violation and procedure to pay the fine and avoid a late
payment penalty.
8. Designation of a building violation (if applicable), date the 30-day correction
period expires, and how to request an extension of that period, and designation of
a Notice of Noncorrection for a building violation that has not been corrected.
9. Designation of any prior citations, issued for the same code violations, if known.
10. Description of the procedure for requesting a Waiver of Fine Deposit and/or an
Administrative Hearing to contest a citation.
11. Designation of an assigned hearing date, time and location for use if a request for
Waiver of pine Deposit or an Administrative Hearing is made.
12. A notice that the code violation is a nuisance and that collection of unpaid fines
and/or nuisance abatement costs can be enforced as an assessment or lien against
the property where a property related code violation occurs and that unpaid
assessments can result in the property being sold after three years by the County
Assessor as set forth in section 1.18.150 of this code.
13. Signature of the Enforcement Officer issuing the citation.
14. Date the citation is issued.
15 A self-addressed envelope in which the citee can send to the City the fine or a
request for a Waiver of Fine Deposit and/or an Administrative Hearing.
16. Any other information deemed necessary by the City Attorney or City Treasurer
for enforcement or collection purposes.
1.18.060. Service of Citation.
A citation may be served as follows:
A. An Enforcement Officer may personally serve the citation on the citee. The citee
is required to sign a copy of the citation showing his or her receipt of the citation.
B An Enforcement Officer may mail the citation by first class mail, if the citee is not
present for personal service when the officer determines there has been a violation. The citation
shall be mailed to the citec's address shown on the county's last equalized property tax
assessment rolls for a property related violation, or to any address known for the citee for all
other violations. -
C An Enforcement Officer may post the property in a conspicuous place with a copy
of the citation when the citee resides at an unknown address other than where the violation
occurs. A copy of the citation will also be mailed to the citee at the property address.
5
jmplmiscladmin/civiIfn2
Windows 97
3397
1.18.070. Amount of Civil Fines.
A. The amount of the fines for violating particular provisions of this code shall be set
in a schedule of fines adopted by resolution by the City Council. The schedule may include
escalating fine amounts for repeat code violations occurring within specified periods of time.
B. The schedule of fines may also specify the amount of interest and late payment
penalty owed for any fine not paid when due. A late payment penalty and interest shall be owed
for fines not paid within 30 days of their due date.
C. Fines are due on the day the citation is issued, except (i) fines for building
violations shall be due on the day the Notice of Noncorrection is issued and (ii) when a fine
deposit has been waived pursuant to section 1.18.110 and the Hearing Officer upholds the
citation, the fine shall be due on the date the decision is made and personally served on the citee
or the date the decision is mailed to the citee.
1.18.080. Payment of Civil Fines.
A. Fines shall be paid to and received by the City Treasurer within 30 days of the due
date. Payment shall be made by mailing the envelop attached to the citation and enclosing the
fine amount paid by check or money order. The City Treasurer for purposes of convenience and
ease of processing may authorize payment to be made in accordance with any other method, at
any location located within-the City, or to any address.
B. Payment of a fine shall not excuse the citee from correcting the code violation.
The issuance of a citation and/or payment of a fine does not bar the City from taking any other
enforcement action regarding a code violation that is not corrected, including issuing additional
:administrative citations and/or criminal complaints.
1.18.090. Preliminary Review.
A. A person issued an administrative citation may request a Preliminary Review, if
the request is made within 14 days of the date the citation is issued. A Notice of Noncorrection
of a building violation shall not be subject to a request for Preliminary Review.
B. To obtain a review, the citee shall go to the City government building where the
Issuing Department is located. The citee must present a copy of the citation and a completed and -
signed request form stating the reasons why there was no violation or why he or she is not a
responsible person for the violation. All requests shall be date stamped upon receipt.
C. The Preliminary Review shall be conducted by a City employee designated by the
Director of the Issuing Department. The reviewer shall not be the Enforcement Officer who
issued the citation. The purpose of the review is'to uncover and cancel any mistakenly issued
citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the
violation that is the subject of the citation.
6
jmplmiscladmin/civilfn2
Windows 97
3397
D. The Preliminary Review will be decided at the time the request is filed if
reasonably practical as determined by the reviewer. It shall consist of a review of the citation
and the written request form and any other evidence submitted at the time of the request by the
citee and, at the discretion of the reviewer, any other related information. Where the review is
not completed within 5 working days of receipt of the request, the request shall be deemed
denied.
E. The citee shall be notified of the results of the review by being given a Notice of
Decision form stating the review decision. The citee may also be given additional notice by
telephone or facsimile when practicable.
F. A request for Preliminary Review does not extend any time periods for
compliance, including the fine due date, the time any correction period ends, and the time to
request an Administrative Hearing.
G. If the reviewer concludes that no code violation occurred or that the citee was not
responsible for the violation,the citation shall be canceled.
1_18.100. Request for Administrative Hearing.
A. Any person receiving an administrative citation may contest it by filing a request
for an Administrative Hearing, except that a hearing for a building violation may not be
requested unless and until a Notice of Noncorrection is issued. To obtain a hearing, the citee
shall file a signed written request form contained on the reverse side of the citation and indicate
the grounds for contesting the citation and fine. A citee may contest the citation by denying that
a violation occurred, by denying that it was not corrected within the correction period, if
applicable, or by denying that the citee is a responsible person for the violation.
B. To be effective and complete, the request must be received by the City
Treasurer's Office or the City Treasurer's designee within 30 days of the date the citation was
issued, and be accompanied by a deposit of the full amount of the fine. Where a request and fine
deposit are mailed by the citee, the request and fine deposit shall be deemed filed on the date
received.by the City Treasurer's Office. All requests shall be date stamped upon receipt. The
City Treasurer is authorized to designate an address to which such requests shall be mailed in
satisfaction of this subsection.
C. The person requesting the Administrative Hearing may file a written declaration with the City Attorney's Office or the City Attorney's designee before the hearing or personally
attend the hearing on the date, time and place specified on the citation. A failure to file a written
declaration before the hearing or personally attend the hearing will be considered a non-
appearance. Non-appearance by the citee shall constitute an abandonment of the request, unless
the hearing was continued pursuant to section 1.18.12OF.
7
jmplmiscladminlciviIfn2
Windows 97
3397
1.18.110. Waiver of Fine Deposit.
A. A person who files a request for an Administrative Hearing may also request at
the same time a hardship waiver of the fine deposit. To seek such a waiver and obtain a separate
hearing on the request, the citee must check the box indicating this request on the form contained
on the reverse side of the citation and attach a statement of the grounds for the request. To be
effective, this form requesting the waiver and the Administrative Hearing must be received by
the City-Treasurer's Office within 30 days of the date the citation is issued. The address to which
such requests shall be sent may be established by the City Treasurer as authorized in section
1.18.100.
B. The person requesting the waiver bears the burden of establishing by substantial
evidence that he or she does not have the financial ability to make the deposit of the fine. The
citee shall appear at the hearing on the request or file a written declaration with the City
Attorney's Office or the City Attorney's designee prior to the hearing. A failure to file a written
declaration before the hearing or personally attend the hearing will be considered a non-
appearance. Non-appearance shall constitute an abandonment of both the requests unless the
hearing was continued pursuant to section 1.18,12OF.
C. The request will be decided by the Hearing Officer at the hearing date, time and
place specified on the citation. The request shall be heard at a separate hearing before the
Administrative Hearing on the contest of the citation. At the conclusion of the hearing on the
waiver request, the Hearing Officer shall issue a decision that the fine deposit is or is not waived.
The officer shall then insert on the Notice of Decision form the new date set for the
Administrative Hearing which shall be within 45 days. A copy of the Notice of Decision shall be
delivered to the citee at the end of the hearing on the waiver request.
D. If the waiver is denied, the Hearing Officer shall give the citee a self addressed
envelop to use in making the fine deposit. The citee shall mail the deposit in the envelop
provided so that it is postmarked at least 5 calendar days before the date designated on the Notice
of Decision for the Administrative Hearing. The City Treasurer is authorized to designate the
address to which the deposit is mailed. Failure to make the deposit by the time required shall be
deemed an abandonment of the contest.
E. The filing of a request for hardship waiver of the fine deposit does not extend any
time periods set forth in this chapter, except the time when the fine deposit must be made. The
Hearing Officer's decision on the waiver is final and not subject to an appeal pursuant to section
1.18.140.
1.18.120 Hearing Procedures.
A. The hearing shall be conducted by a Hearing Officer either: (I) on the date, time
and place specified in the citation, or (ii) on the date designated on the Notice of Decision when
there was a request to waive the fine deposit which was heard on the date noted on the citation.
8
jmplmisclaftinlcivilfn2
Windows 97
3397
B. The City Attorney's Office or the City Attorney's designee, shall ensure that the
pertinent citation records are delivered to the Hearing Officer for a citation set for a hearing,
including information showing all fine deposits and waivers granted. The City Attorney's Office,
or the City Attorney's designee, shall also make available to the citee before the hearing a copy
of any additional reports concerning the citation that are provided to the Hearing Officer.
C. The citee shall be given the opportunity to testify and to present evidence relevant
to financial hardship or the code violation specified in the citation. A parent of legal guardian of
a citee who is a juvenile, under 18 years of age, shall accompany the citee.
D. The citation and any other reports prepared by the Enforcement Officer, or at his
or her request, concerning the code violation or attempted correction of the code violation that
are provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie
evidence of the code violation and the facts stated in such documents
E. Neither the Enforcement Officer nor any other representative of the City shall be
required to attend the hearing, nor shall the Hearing Officer require that there be submitted any
evidence, other than the citation, that may exist among the public records of the City on the
violation. However, any such appearance and/or submission may be made at the discretion of
the Enforcement Officer or any City employee or agent.
F. The Hearing Officer may continue a hearing if a request is made showing good
cause by the citee or a representative of the City. All continuance requests shall either: (I) be
made in person at the hearing by the citee or his or her representative if the citee is physically
unable to attend, or (ii) be made by a written request received by the City Treasurer's Office at
least 24 hours before the hearing date. If the continuance is granted, a new hearing date shall be
set for within 45 days. If the continuance is denied, the hearing shall proceed then and there as
scheduled, and if the citee is not present the request(s) shall be deemed abandoned in accordance
with subsection H below. The Hearing Officer's decision is final and he or she shall either
personally give the Notice of Decision to the citee or the representative if present at the end of
the hearing or request that the notice be mailed by the City Attorney's Office.
G. The hearing shall be conducted informally and the legal rules of evidence need
not be followed. The Hearing Officer does not have the authority to issue a subpoena.
H. The failure of the citee to appear at the hearing, unless the hearing was continued
per subsection F above, shall constitute an abandonment of the request for waiver of the fine
deposit and/or the contest, and a failure to exhaust administrative remedies concerning the
violation set forth in the citation. The fine deposit shall be credited by the City upon the fine due
for the violation. The failure to appear by the citee shall be noted on the Notice of Decision by
the Hearing Officer which will be mailed to the citee by the City Treasurer's Office.
1.18.130. Administrative Hearing Decision.
A. After considering all the evidence and testimony submitted at the administrative
hearing, the Hearing Officer shall issue a written decision to uphold or cancel the citation. The
9
jmp/mist/admin/civilfn2
Windows 97
3397
Hearing Officer has no discretion or authority to reduce or modify the amount of any fine. The
decision will be made on a Notice of Decision form and will state the reasons and evidence
considered for the decision. The decision of the Hearing Officer shall be made at the conclusion
of the hearing and shall be final. The Notice of Decision for the Administrative Hearing shall be
personally delivered to the citee at the conclusion of the hearing.
B. If the decision is to uphold the citation, the City shall keep the fine deposited as
payment upon the fine due. If the decision is to cancel the citation, the City shall refund the fine
deposit to the citee within 30 days of the filing of the decision. If the citation is upheld and the
fine deposit has been waived, the fine shall be due on the date the decision is given to the citee at
the end of the hearing by the Hearing Officer.
C. The Hearing Officer's continued employment, performance evaluation,
compensation, and benefits shall not directly or indirectly be linked to the amount of citations
upheld or canceled by the officer.
1.18.140. _ Right to Judicial Review.
A. The citee may seek judicial review of the Administrative Hearing decision by
filing an appeal with the Municipal Court within 20 calendar days after the citee receives a copy
of the Notice of Decision at the conclusion of the hearing in accordance with the provisions of
California Government Code section 53069.4. The appeal filed with the court must also contain a
proof of service showing a copy of the appeal was served upon "City of Huntington Beach
(Attention: City Attorney)." The citee must pay to the Municipal Court a $25 filing fee when the
appeal is filed.
B. No appeal is permitted from a decision on a request for preliminary review, or an
extension of the 30-day correction period for building violations, or a request for waiver of the
fine deposit, or where the citee is deemed to have abandoned the contest of the citation by an
unexcused nonappearance at the hearing or failure to deposit the fine.
C. The City Attorney or the City Attorney's designee, shall forward to the Municipal
Court within 15 days of its request, the pertinent citation documents for any case appealed to that
court. If the Municipal Court cancels any citation, the City will refund any fine deposit made
and the $25 appeal filing fee.
1.18.150. Collection of Unpaid Fines.
A. The City at its discretion may pursue any and all legal and equitable remedies for
the collection of unpaid fines, interest and penalties.
1. Pursuit of one remedy does not preclude the pursuit of any other remedies until
the total fines, interest and penalties owed by a person under this chapter have
been collected.
10
jmp/misc/admin/civilfn2
Windows 97
3397
2. The City may refuse to issue, extend, or renew to any person, who has unpaid
delinquent fines, interest, penalties, liens or assessments, any City permit, license,
or other City approval pertaining to the property that is the subject of the fine and
citation
3. Any permit, Iicense, or any type of land use approval issued by the City to a
person who has unpaid fines, interest and penalties totaling $500 or more that
remain delinquent for 30 days or longer shall automatically be suspended. The
suspension becomes effective 10 days after the day notice of the suspension is
placed in the U.S. mails postage prepaid addressed to the person, and continues
until the delinquency is paid in full. The person may request a review hearing
pursuant to the procedures in section 1.18.090 on the issue of delinquency, if the
request is filed before the 10 day period ends. Continuing to operate under a
suspended permit, license or approval shall be grounds for the City Council to
revoke the permit, license or approval. Revocations may be made by the City
Council at a public hearing for which the person is given at least 10 days prior
written notice.
4. The City Attorney, at his or her discretion, may also issue a criminal complaint to
any citee for a code violation when the applicable fine, interest or penalty has not
been paid.
B. Any violation of this code shall constitute a nuisance. To compel code
compliance, the City may seek to abate the nuisance and collect the costs incurred by means of a
nuisance abatement lien and/or special assessment against the property where a property related
violation occurred in accordance with the procedures in Government Code sections 38773.1 and
38773.5. Any unpaid delinquent civil fines, interest and penalties may be recovered as such a
lien or special assessment against the property of the responsible person who is the owner of the
property where the violation occurred
C. To pursue an abatement of a code violation as a nuisance and recover any
delinquent civil fines, interest and penalties as a lien or special assessment, the following
conditions must be met:
1. The City Treasurer must submit to and receive from the City Council a resolution
certifying the amounts of the liens and special assessments sought to be collected
from each property owner; and
2. The total amount of the delinquent fine, interest and penalty against the property
owner must be $250 or more and be delinquent for 60 days or more.
D. The City Treasurer is authorized to take any steps necessary to enforce collection
of the lien or special assessment, including but not limited to the following:
1. Request the County Recorder to record a notice of any lien or special assessment
certified by the City Council.
11
jmplmiscladminlciviIfn2
Windows 97
3397
2. Request the County Tax Collector to collect any special assessments certified by
the City Council.
The City Treasurer may pursue these remedies whether or not the City is pursuing any other
action to terminate an ongoing code violation that was the basis for the fine.
E. All citations shall contain.a notice that unpaid fines, interest and penalties are
subject to the assessment and lien collection procedures of this section. This notice shall satisfy
the notice requirements of Governrnent.Code sections 38773.1 and 38773.5 when a citation is
personally served on the citee. In addition, the Director shall by first class mail send notice to
each property owner at least 10 days before the City Council considers the resolution to certify
the amounts of the liens and special assessments stating the date, time and location of the
meeting. The lien or special assessment shall be imposed on the date the citation for the code
violation is issued to the responsible person and becomes effective upon the recording of a
Notice of Lien or Special Assessment by the County Recorder.
F. A citee may contest the amount and/or validity of any lien or special assessment
for a civil fine at the public hearing when the City Council considers the resolution to certify the
liens and assessments. Such contests by a citee shall be limited to the amount of the lien or
assessment and may not consider the validity of the underlying code violation . Pursuit of such
an objection by a responsible person is necessary to exhaust the administrative remedies
concerning a legal challenge to the validity of any such lien or special assessment.
G. The mother, father and the legal guardian if there is no living parent, of a citee
who is a minor shall be liable for any fines imposed upon the minor pursuant to the provisions of
this chapter. Any such fines may be collected from the minor or a parent or guardian.
SECTION 2. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance
or its application to other persons. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause,
phrase or portion thereof, irrespective of the fact that any.one or more subsections, subdivisions,
sentences, clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or
Federal law, regulation, or codes dealing with life safety factors.
12
implmiscladmin/civilfn2
Windows 97
3397
SECTION 3. This ordinance shall take effect thirty days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 15t-h day of J 1998.
ATTEST: Mayor
APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED rz(-11 Attorney
4
e,2- a=e�2 INITIATED AND APPROVED:
City MTftinistrator
City Attorney X4
13
jmp/mi scladmi n/raiviffi n
Windows 97
Ord. No. 3397
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-offcio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council
at a regular meeting thereof held on the 1st day of June, 1998, and was again read to
said City Council at a regular meeting thereof held on the 15th day of June, 1998, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien,Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: Norte
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-offcio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the independent on
oZ� ,19 1/ 40�
In accordance with the City Charter of said City City Clerk and ex-officio Jerk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
6/18/99