HomeMy WebLinkAboutOrdinance #3828 ORDINANCE NO. 3828
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 1.18 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO ADMINISTRATIVE CITATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 1.18.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
1.18.040 Administrative Citation for Building Violation.
(a) When a citation is issued for a building violation, a thirty (30) day correction period shall be
provided for the correction of the violation and the citee shall correct the violation within
that period. Notwithstanding section 1.18.030, 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 Treasurer any additional fine which shall be due on the date any new citation is issued.
(1) The Director of the Department that issued the citation may cancel a citation within
thirty (30) days of the citation date upon a showing of special circumstances if an
administrative hearing has not been requested under Section 1.18.100.
(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.
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Ordinance No. 3828
SECTION 2. Section 1.18.150 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
1.18.150 Collection of Unpaid Fines.
(a) The City Treasurer at his/her 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.
(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 services or approval pertaining to the property or person that is the subject of
the fine and citation.
(3) Any permit, license, or any type of land use approval issued by the City to a person
who has unpaid fines, interest and penalties totaling $1,000 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 sent via certified,
U.S. mail, 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 revocation of the permit, license or approval.
(3397-7/98,3630-02/04,3751-11/06)
(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 in conjunction with the City Attorney must certify 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:
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Ordinance No. 3828
(1) Request the County Recorder to record a notice of any lien or special assessment
certified by the City Treasurer.
(2) Request the County Tax Collector to collect any special assessments certified by the
City Treasurer.
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 Government Code sections 38773.1 and 38773.5 when a citation is
personally served on the citee.
(f) 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,penalties or interest or any other fees imposed upon the
minor pursuant to the provisions of this chapter. Any such amounts may be collected from
the minor or a parent or guardian.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of April , 2009
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ATTEST: APP OVED AS TO FORM:
City Clerk City Attorney DK-0 W Z-f 10cl
REVIEWED APPROVED: �IJ�t A1ATED AND APPROVED:
City i 'strator City Attorney ,
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Ord. No. 3828
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio 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 March 16,2009, and was again read to said City Council at a
regular meeting thereof held on April 6,2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on April 16,2009.
In accordance with the City Charter of said City
Joan L. Flynn, Ci Clerk Ci Clerk and ex-officio erk
All
i senior Deputy city clerk of the City Council of the City
of Huntington Beach, California