HomeMy WebLinkAboutOrdinance 3397 - Administrative Citations (civil citations,c i
Council/Agency Meeting Held:
Deferred/Continued to: 6
Ud/Approved ❑ Conditionally Appr d El Denied 2>yo---<yCity Clerk's Signature
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Council Meeting D� Council Department ID Number: 98-
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CO-Z. 339'7 CITY OF HUNTINGTON BEACH
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REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administratoroe" 33 9 7
PREPARED BY: IL HUTTON, City Attorney
p�� 33 98
SUBJECT: 5' Proposed administrative citation ordinance
[Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Whether to adopt an administrative citation enforcement procedure.
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Funding Source: None
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Recommended Action: �`-qM"
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1. Adopt Ordinance No. .339 7 entitled "Administrative Citations." o
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2. Adopt Ordinance No. 3399 amending Huntington Beach Municipal Code section
17.10.
3. Adopt Resolution No. entitled "A Resolution of the City Council of the City of
Huntington Beach Establishing the Fee Schedule for Civil Fines for Administrative Code
Violations.
Alternative Action(s): Alternative Action(s):
1. Do not adopt Ordinance No. 3397 entitled "Administrative Citations."
2. Do not adopt Ordinance No. 3 3 98 amending Huntington Beach Municipal Code
section 17.10.
REQUEST FOR COUNCIL ACTION
MEETING DATE: Council DEPARTMENT ID NUMBER: 98-
3. Do not adopt Resolution No. 99-0 entitled "A Resolution of the City Council of the City
of Huntington Beach Establishing the Fee Schedule for Civil Fines for Administrative Code
Violations.
Analysis: The Administrative Citation Ordinance represents a new, alternative code
enforcement tool for use by City staff. The proposed ordinance would not replace any
existing criminal, civil, or administrative procedures but would add the ability to impose civil
fines for violations of the City's municipal code, including housing, fire and building codes.
The procedures followed are similar to the City parking citation program which was removed
from the criminal court system and made an administrative process several years ago.
The City Attorney's office presented a proposed Administrative Citation ordinance in
September, 1997, to the Council and City Administration in the hopes that there would be
City interest; however, City Council and City Administration took no action to pursue the
issue. In November, 1997, public outcry demanding a better system for Code Enforcement
resulted in the City Council ordering the preparation of the Long Beach nuisance ordinance
which was being compared to the proposed administrative citation ordinance by the City
Attorney's office. Council adopted the nuisance ordinance in response to citizen complaint.
Upon subsequent review,_ in March, 1998, the City Administrator encouraged the City
Attorney to bring the Administrative Citation ordinance to City Council as soon as possible.
The Administrative Citation ordinance will effectively minimize if not eliminate the court
system from the enforcement of municipal codes. First, all fines generated return to the City
as General Fund revenue. (Under the current prosecution system only approximately 40%
of the fines generated are received by the City.) Second, court appearances by the City
Attorney and staff for minor violations will be unnecessary. (City time and money will be
saved.) Lastly, the court's hesitancy to impose fines or restitution for municipal code
violations will be avoided.
The administrative citation process should pay all the costs for administration of the program
and ultimately generate considerable revenue for the City. Further research is being
conducted regarding initial administrative costs and the issue will be brought back to City
Council at a future meeting.
In contrast to the Nuisance Code adopted by City Council in February, the administrative
citation process is more efficient and should result in rapid code compliance. The fines are
generated immediately via the issuance of an administrative citation. Further, abatement
procedures remain available while more effective means of collection are implemented. The
Nuisance Code should be amended to synchronize with the administrative citation code.
Chapter 17.10 should define a "nuisance" property and the administrative citation ordinance
provides an effective tool of enforcement.
DocumenU -2- 05/26/98 4:30 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: Council DEPARTMENT ID NUMBER: 98-
Other cities have adopted similar administrative citation programs. The City of San Jose
adopted an administrative citation program several years ago and according to its City
Attorney's office, they have been quite pleased with the operation of the program. During
one 9 month period, the city conducted a study to judge their ordinance's effectiveness.
Tracking was done for citations issued for premises where false burglary alarms were set off.
Approximately 1500 citations were issued during the 9 months. There were only about 60
cases where the violator sought an administrative hearing to contest the citation, i.e., about
6%. The amount of total fines imposed for all the citations was $174,000 and of that
amount, the violators voluntarily paid without any collection effort $126,000, i.e., 73%. There
have only been a handful of cases which were appealed to the Municipal Court.
More recently, the City of Costa Mesa adopted an administrative citation ordinance in
November, 1997. Since inception, there have been approximately 48 citations issued. As of
March 5, 1998, eight cases had been closed (6 fines paid, 2 voided); as of May 4, 1998, 18
cases have been closed (37%). Only one violator has requested an Administrative Hearing.
Costa Mesa established a single amount for all fines of$75 for the first violation and $150 for
subsequent violations.
Main features of the Administrative Citation Program
1. ESTABLISHES A STREAM-LINED CIVIL PROCESS WHICH ALLOWS ISSUANCE
OF AN ADMINISTRATIVE CITATION FOR VIOLATIONS OF THE MUNICIPAL
CODE.
2. IMPOSES FINES FOR ANY VIOLATION OF THE MUNICIPAL CODE INCLUDING
ZONING, BUILDING, HOUSING AND FIRE REGULATIONS, BUSINESS
LICENSES, DISPLAY OF SIGNS AND BANNERS, ANIMAL CONTROL LEASH
LAWS AND BARKING DOGS, RIGHT-OF-WAY ENCROACHMENTS, AND NOISE
RESTRICTIONS.
3. CITY COUNCIL CONTROLS THE CIVIL FINE AMOUNT.
The proposed fine is $100.00 for the first violation and $200.00 for subsequent
violations within a one year period. Eventually, the Council may choose to set the
fines according to the seriousness of the particular code violations and set higher
fines for violations where enhanced enforcement activity is being sought for
offenses with intense community interest.
4. CITEE DEPOSITS THE FULL AMOUNT OF THE FINE OR A DEPOSIT WAIVER
BEFORE THE CITEE CAN REQUEST AN ADMINISTRATIVE HEARING.
5. REDUCES CITY STAFF INVOLVEMENT IN ADMINISTRATIVE ENFORCEMENT.
DocumenU -3- 05/26/98 4:30 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: Council DEPARTMENT ID NUMBER: 98-
An expeditious administrative hearing procedure is established which does not
require the presence of the code enforcement officer at the hearing, nor the
submission of any extra paperwork. Only a copy of the citation is needed. The City
Administrator appoints the hearing officer who conducts the hearings. The same
person who holds the hearings for the City's parking citations can be appointed
(Retired Senior Volunteers)
6. CITEE RETAINS DUE PROCESS RIGHTS TO COURT
Although a citee can appeal the decision by the administrative hearing officer to the
Municipal Court by paying $25, that court must accept the civil citation as evidence
that the violation occurred. This places the burden on the citee to submit any
evidence of his innocence. The court makes its own "de novo" ruling on whether the
person violated the code.
7. FINALITY TO ENFORCEMENT OF HUNTINGTON BEACH MUNICIPAL CODE
The appeal process ends with the Municipal Court and the violator cannot appeal
further. This significantly limits the City's potential litigation expenses compared to
other enforcement methods. It avoids the costly appeals that can occur in criminal
prosecutions and nuisance abatement proceedings.
8. EXPEDITIOUS PENALTY PROVISIONS: FINE COLLECTION; LIENS; SPECIAL
ASSESSMENTS
An innovative and cost effective procedure is established to collect unpaid fines by
using nuisance abatement liens and special assessments. Also some violators can
be forced to pay delinquent fines by suspending a license, permit or other City
approval that he or she may have obtained. In addition, the City may deny issuance
of, or refuse to extend, such permits, licenses or approvals if the applicant has
unpaid fines. Delinquent fines can also be recovered by filing small claims suits, or
by using private collection agencies.
Proposed Administrative Citation Procedure
1. City enforcement officer determines a municipal code violation was committed and
issues a citation which lists the violation and fine amount. See sample citation attached as
Exhibit 5.
Document2 -4- 05/26/98 4:30 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: Council DEPARTMENT ID NUMBER: 98-
2. Within 14 days the citee can request an over-the-counter Preliminary Review to
allow dismissal of any obvious, erroneously issued citations. See sample Preliminary
Review form attached as Exhibit 6.
3. Citee must pay the fine within 30 days and request an.-Administrative Hearing to
contest the citation. The administrative hearing is held with only the hearing officer present
(no City employees attend). The decision is given to the.citee on a pre-printed form at the
conclusion of the hearing. See sample notice of decision. attached as Exhibit 7. If the
citation is upheld, the City retains the fine deposit. If the citation is cancelled, the City must
return the fine deposit.
4. The citee has the right to appeal the administrative officer's decision to the Municipal
Court. There is a $25 filing fee. The appeal must be filed within 20 days of the decision.
See sample notice of appeal attached as Exhibit 8. The court's decision is final.
Environmental Status: None
Attachment(s):
NumberCity Clerk's
Page Description
1. Ordinance No.3397
2. Resolution No. 98-�1
3. Ordinance No.3398 amending HBMC 17.10
4. Legislative Draft of HBMC 17.10
5. Sample citation
6. Sample preliminary review form
7. Sample Notice of Decision
8. Sample Notice of Appeal
RCA Author: Hutton ext 5555
Document2 -5- 05/26/98 4:30 PM
ATTACHMENT # 1
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
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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 Fine 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 citee'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.
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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.
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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 1.18.120F.
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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 1.18.120F.
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.
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X
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
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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.
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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, license, 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.
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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 Government 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.
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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 15th day of -r Tnp , 1998.
ATTEST: Mayor
APPROVED AS TO FORM:
City Clerk
C
REVIEWED AND APPROVED r2,� d Attorneys/LL
d
Q0=1.4 �_��c. INITIATED AND APPROVED:
City inistrator
AL/
4,94�City Attorney s/zL/1
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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-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 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: None
ABSTAIN: None
1,Connie Brockway 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 Independent on •
, 19
In accordance with the City Charter of said City City Clerk and ex-officiof lerk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc/ordbkpg
6/18/98
ATTACHMENT #2
RECEIVEC
CITY CLERIC
BH CITY OF HUNTINGTON BEACH CITY O
HUNTING T CH BEACH. CA
INTER-DEPARTMENT COMMUNICATION
1998 MAY 28 P 4. 2�
TO: CONNIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, City Attorney
DATE: May 28, 1998
SUBJECT: Agenda Item F-2, Resolution #9843, Revised Schedule 1
The Legal Affairs Committee considered the Administrative Citations program at its meeting
May 27, 1998. The Committee recommended a revised fee schedule to attach to Resolution
#9843. Please distribute this revised schedule as an alternative for Council consideration.
GAIL HUTTON,
City Attorney
/k ..
jmp/lcorres/9 I
RESOLUTION NO. 98-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING THE FEE SCHEDULE FOR
CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, the City Council has adopted Ordinance No. 3397 which authorizes
the issuance of administrative citations that impose civil fines upon persons who violate the
Municipal Code of the City of Huntington Beach; and
WHEREAS, section 1.18.040 of the Municipal Code provides that the fines, interest and
penalties shall be set by the City Council by resolution; and
WHEREAS, the City Council has considered this matter and has determined to set forth
the specific fines, interest and penalties for code violations.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
1. The civil fines, interest and penalties and implementing provisions for violations
of the Municipal Code pursuant to Chapter 1.18 shall be those as specified in Schedule 1,
attached hereto and incorporated herein.
2. These fines, interest and penalties are subject to the provisions of said Chapter
1.18 and shall remain in force until changed by a new resolution of the City Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 1st day of J 1998.
ATTEST: Mayor
e'� APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED M- -qy
ty Attorney 15Iy2/4
a4=50 �:CwL INITIATED AND APPROVED:
City A ministrator A,-,(dZa4—,
City Attorney
S $r I
jmp/mi sc/admin/fi n ereso/05/20/98
Res. No. 98-43
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-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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 15th day of June, 1998 by the following
vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
City Clerk and ex-officio derk of the
City Council of the City of Huntington
Beach, California
G/resol uti/resbkpg/97-80
14
b
SCHEDULE 1
If9/
FINES, INTEREST,AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
1. Fines. Violations of the Municipal Code of the City of Huntington Beach shall be subject
to the fines shown below. A subsequent violation is any violation where the citee was
cited one or more times in the preceding 12 months for the same violation, unless the
violation was cancelled pursuant to Chapter 1.18.
FINE AMOUNT FINES FOR FINES FOR
CODE FOR FIRST SECOND SUBSEQUENT
SECTION VIOLATION: VIOLATIONS: VIOLATIONS
All Code sections:. $100........................... $200......................... $500.
2. Interest on Fines. Interest shall accrue upon all delinquent fines and penalties at the
annual rate of 18 per cent. This interest will be imposed and collected according to the
discretion of the City Treasurer upon considering such factors bearing on practicability as
the cost to compute the interest owed, the amount of interest-due,-and its collectability.
The purpose of granting this discretion to the Treasurer is to not require collection of
interest when it would not be cost effective.
3. Late Payment Penalties. A$25 late payment penalty shall be owed for fines not paid
within 30 days of their due date. The Treasurer shall have the same discretion over
collection of late penalties as for interest as set forth in paragraph 2 above.
4. Violations of Infractions. The amount of the fine for a violation that must be charged as
an infraction under the Municipal Code shall not exceed the fine imposed for infractions.
5. Collections. Fines that are delinquent for 60 days or more and total at least$250 shall be
processed through the abatement and/or assessment procedures specified in section
1.18.120 of the Municipal Code. All other delinquent fines may be referred to a
collection agency as determined by the City Treasurer.
Alternative No. 1
jmp/k/jmpmisc/citation/fines/5/28/98
ATTAC H M E NT #3
ATTACHMENT #4
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Connie Brockway, City
FROM: Gail Hutton, City Attorney
DATE: June 15, 1998
SUBJECT: Agenda Item G-1B, Ordinance No. 3397 (Administrative Citation Process)
Upon review of Ordinance No. 3397, certain typographical errors were discovered. Please find
attached a legislative draft indicating the correction of these errors and revised ordinance pages.
The ordinance scheduled for second reading at the City Council on June 15, 1998. The
typographical corrections are not substantive and do not require a first reading.
GAIL HUTTON
City Attorney
Attachments: 1) Legislative Draft of Proposed HBMC Chapter 1.18
2) Revised ordinance pages
jm/s/memos/admcite
LEGISLATIVE DRAFT
Chester 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
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.
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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 of - 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 citee and issuance occurs on the date when a
citation is personally served on the citee, 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 of - 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
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.
I. Responsible person -A responsible person is any of the following:
1. 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.
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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.
1.18.030. 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.
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.
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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 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. 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.
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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 Fine 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 119 420 1.18.050 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 citee'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.
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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 1-49-0901.18.110 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.
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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 At4emey's
Treasurer's Office or the City A#efffe3Ls 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 '.'ter 1.18.120F.
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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 39 0701.18.100.
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 '.'�.Q0r1.18.120F.
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
'.14101.18.140.
1.18.120 Hearing Procedures.
A. The hearing shall be conducted by a Hearing Officer either: (1) 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.
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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.
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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 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.
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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 approval pertaining to the property 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 $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 19 040 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.
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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.
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 Government 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.
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ORDINANCE NO. 3398
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE
PERTAINING TO NUISANCES AND ENFORCEMENT
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. That Chapter 17.10 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
Chapter 17.10
HUNTINGTON BEACH NUISANCE CODE
Sections:
17.10.010 Nuisance Defined
17.10.020 Additional Enforcement Remedies
17.10.030 Definitions
17.10.040 Abatement of Nuisance Related Activities or Condition
17.10.050 Nuisance Designated
17.10.060 Violations
17.10.070 Alternatives
17.10.010 Nuisance defined. As used in this chapter, a nuisance shall mean activities or
conditions which affect the social and economic stability of neighborhoods, impair property
values and which are injurious or detrimental to the health, safety and general welfare of the
citizens of Huntington Beach.
17.10.020 Additional Enforcement Remedies. The procedures provided for in this chapter shall
be cumulative and in addition to any other procedure or legal remedy provided for in this Code
or by state law for the abatement of nuisance related activities or conditions. Nothing in this
chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to
abate a nuisance under applicable civil, penal or municipal code provisions as an alternative or
alternatives to the proceedings set forth in this chapter.
a
17.10.030 Definitions:
(a) Abate/Abatement. As used in this chapter, the terms "abate" and"abatement" shall
mean action to terminate, remove, stop, cease, repair, replace or otherwise remedy a
nuisance related activity or condition by such means and in such manner as is
necessary to the interest of the health, safety or general welfare of the public.
(b) City Administrator/Administrative Abatement Officer. As used in this chapter,
"Administrative Abatement Officer" shall mean the City Administrator and any other
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person or persons designated by the City Administrator as being an Administrative
Abatement Officer.
(c) Person/Responsible Person/Party.
(1) As used in this chapter, "Person'T'Responsible Person"/"Party" shall mean any
individual, business or entity who is responsible for causing, maintaining or
permitting a nuisance activity or condition. The terms"person," "responsible
person" or"responsible party" include, but are not limited to, a property owner,
tenant, person with a legal interest in real property or person in possession or
occupying real property, the president or other officer of a corporation, a
business owner or manager of a business.
(2) Any act of negligent or willful conduct of a minor which results in the creation or
maintenance of a condition or activity which constitutes a nuisance within the
meaning of this chapter shall be imputed to the parent or guardian having
custody and control of the minor for all purposes, including the duty to abate the
nuisance(s) and the imposition of administrative penalties and costs as provided
for herein. The parent or guardian having custody and control of the minor shall
be.jointly and severally liable with the minor for any and all penalties or costs
imposed pursuant to this chapter.
(d) Premises. As used in this chapter, the term "premises" shall mean any location,
building, structure, residence, garage, room, shed, shop, store, dwelling, lot, parcel,
land or portion thereof whether improved or unimproved.
17.10.040 Abatement of Nuisance Related Activities or Condition. Any activity, condition or
premise(s) maintained as described herein is declared to be a public nuisance and shall be
abated by cessation of the activity, rehabilitation, demolition, removal, repair or other
appropriate remedy pursuant to the procedures set forth in this chapter.
17.10.050 Nuisance_Designated. It is hereby declared a public nuisance, or an act in the
nature of a public nuisance, for any person or party to cause, permit, abet or otherwise allow
any premises in this City to be used in such a manner that any one or more of the activities or
conditions described in the following subsections are found to occur thereon.
(a) Any condition or activity which is a "nuisance" or a "public nuisance" as defined in
Sections 3479 and 3480 of the Civil Code of the State of California or which is
specifically declared to constitute a nuisance or public nuisance by any statute of the
State of California or by any ordinance of the City of Huntington Beach.
(b) The violation of any provisions of the following Uniform Codes which have been
adopted, as amended, by the City of Huntington Beach:
(1) Uniform Building Code,
(2) National Electrical Code;
(3) Uniform Fire Code;
(4) Uniform Housing Code;
(5) Uniform Plumbing Code;
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(6) Uniform Mechanical Code;
(7) Uniform Code for the Abatement of Dangerous Buildings;
(8) Uniform Swimming Pool, Spa and Hot Tub Code;
(9) Uniform Administrative Code.
(c) The violation of any provision of the Huntington Beach Municipal Code, or the
Huntington Beach Zoning and Subdivision Ordinance Code, or any code adopted by
reference.
(d) The operation or maintenance of any business, trade or profession in violation of Title 5
of this Code, or lack of a proper certificate of occupancy.
(e) The frequent gathering, or coming and going, of people who have an intent to purchase
or use controlled substances on or at any premises in this City.
(f) Participation in a criminal street gang as proscribed by California Penal Code Section
186.22.
(g) The making or continuing, or causing to be made or continued, of any loud,
unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood
or which causes discomfort or annoyance to any reasonable person of normal
sensitiveness residing in the area.
(h) The occurrence of criminal activity at any premises which threatens the life, health,
safety or welfare of the residents of the premises, neighbors or the public.
(i) Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in
a state of partial construction.
{j) Land, the topography or configuration of which, whether in a man-made state or as a
result of grading operations, excavation or fill, causes erosion, subsidence, or surface
water drainage problems of such magnitude as to be injurious to the public health,
safety and welfare or to adjacent properties.
(k) The failure to secure and maintain from public access all doorways, windows and other
openings into vacant structures.
(1) Overgrown vegetation on developed property which: -
(1) Harbors rats, vermin, and other disease carriers; or
(2) Causes detriment to neighboring properties or property values; or
(3) Causes a hazardous condition to pedestrian and/or vehicular traffic.
(m) Dead, decayed, diseased or hazardous trees, weeds and other vegetation on
developed property which:
(1) Constitutes an unsightly appearance; or
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(2) Creates danger to public safety and welfare; or
(3) Is detrimental to nearby property or property values.
i
(n) Abandoned, broken, neglected machinery or equipment which poses a potential hazard
to the general public.
i
(o) Unprotected or hazardous excavations, swimming pools, and ponds.
(p) Broken or discarded furniture, household equipment and appliances on the premises,
which causes damage or is a detriment to neighboring properties.
(q) Packing boxes, lumber, dirt and other trash or debris outside commercial and industrial
buildings which is visible from public streets and causes detriment to neighboring t
properties.
(r) Accumulation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots and
landscaped areas.
(s) Deteriorated parking lots which have pot holes, cracks and ridges.
(t) Fences in a state of disrepair or in a dilapidated condition.
(u) Premises including, but not limited to, building exteriors which are maintained in such
condition as to become so defective, unsightly or in such condition of deterioration or
disrepair that the same causes diminution of the property values of surrounding
property or is materially detrimental to proximal properties and improvements. This
includes, but is not limited to, the keeping and disposing of or the scattering over the
property or premises of any of the following: (i) lumber,junk, trash or debris; (ii)
abandoned or discarded or unused objects or equipment such as automobiles,
furniture, stoves, refrigerators, freezers, cans or containers; (ill) stagnant water or
excavation(s); (iv) any device, decoration, design, fence, structure, clothesline or
vegetation which is unsightly by reason of its condition or inappropriate location; or(v) s
permitting or allowing any graffiti to remain on any building,wall, fence or structure.
s
(v) The use of any premises for the purpose of illegal gambling, lewdness, assignation, or
prostitution as proscribed by state law or this Code.
(w) The maintenance, use, rental or lease of any premises, or subunit thereof, including
single-family dwellings, where persons are allowed to congregate, gather or loiter in
such a manner as to disturb the peace of other persons lawfully on the property itself or
lawfully in the vicinity of the property.
(x) The use of any premises for the purpose of unlawfully selling, serving, storing, keeping,
manufacturing or giving away any controlled substance, precursor, or analog as those
terms are defined by state law.
l
(y) Noise disturbances in violation of Chapter 8.40 of this Code.
}
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(z) Maintenance of properties or premises in such a manner as to cause substantial
diminution of the enjoyment, use, or property values of adjacent properties.
(aa) The maintenance of any sidewalk or driveway located on private property which is
debilitated, broken, damaged, or raised to such a degree as to be unsightly if it can be
viewed from public property, or to be injurious to property or injurious to persons using =
said driveway or sidewalk.
(bb) The maintenance of property where buildings or structures have been left boarded up
for a period in excess of ten (10) days without a valid demolition or building permit on
file with the Huntington Beach Community Development Department or abate said
boarded up condition.
(cc) The maintenance of buildings or structures used or intended to be used for dwelling
purposes, storage or similar uses, because of dilapidation, decay, damage, or faulty
construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or
use is in a condition that is likely to cause injury or be detrimental to the health, safety,
or general welfare of those living in the area or within.
17.10.060 Violations.
(a) The owner or other person having charge or control of any such buildings or premises
who maintains any public nuisance defined in this chapter, or who violates any notice of
abatement served as provided in section 17.10.100, is guilty of a MISDEMEANOR.
(b) Any occupant or lessee in possession of any such building or structure who fails to
vacate said building or structure in accordance with a notice given as provided in this
chapter is guilty of a MISDEMEANOR.
(c) Any person who obstructs, impedes or interferes with any representative of the City
Councilor with any representative of a City department or with any person who owns or
holds any estate or interest in a building which has been ordered to be vacated,
repaired, rehabilitated, or demolished or with any person to whom any such building
has been lawfully sold pursuant to the provisions of this chapter when any of the
aforementioned individuals are lawfully engaged in proceedings involving the
abatement of a nuisance is guilty of a MISDEMEANOR.
17.10.070 Alternatives. Nothing in the foregoing sections shall prevent the City Attorney from
commencing a civil or criminal proceeding to abate a public nuisance under applicable
provisions of the California Civil Code or Penal Code as an alternative to the proceedings set
forth herein.
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{
SECTION 2. This ordinance shall take effect 30 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 15-th day of J , 1998.
ATTEST: Mayor
APPROVED AS TO FORM:
City Clerk
A�vd,
REVIEWED AND APPROVED d 2b A orney v"
w a
�o-•� INITIATED AND APPROVED:
City AdrKristrator
City Attorney
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jmplklordinapcelmcl7-1 015 2 019 8
Ord. No.3398
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-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 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
i
NOES: None
ABSENT: None
ABSTAIN: None
1,Connie Brockway 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 Independent on
In accordance with the City Charter of said City City Clerk and ex-offici lerk
Connie Brockway City Clerk of the City Council of the City
Deputy Cily Clerk of Huntington Beach, California
i
C✓ordinanc%rdbkpg
6/18/98
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Ordinance No.
LEGISLATIVE DRAFT
Chapter 17.10
HUNTINGTON BEACH NUISANCE CODE
(2870-12/86, 2897-7/87, 3079-12/90, 3212-11/93, 3386-3/98)
Sections:
17.10.010 Nuisance Defined
17.10.020 Additional Enforcement Remedies
17.10.030 Definitions
17.1o.ow04O Abatement of Nuisance Related Activities or Condition
17.10.A99050 Nuisance Designated
'17�.120 AdMiRestFative DenaI+�s
17.10.140 Abatement by AdMiRistrative Abatement Off;
tiheT FOP"
17.10.17-0 Wire of Lien
17.10.190 Right of judiGial Rey'
17.10.2=060 Violations
17.10.24- 070 Alternatives
17.10.010 Nuisance defined. As used in this chapter, a nuisance shall mean activities or
conditions which affect the social and economic stability of neighborhoods, impair property
values and which are injurious or detrimental to the health, safety and general welfare of the
citizens of Huntington Beach. (3386-3/98)
17.10.020 Additional Enforcement Remedies. The procedures provided for in this chapter
shall be cumulative and in addition to any other procedure or legal remedy provided for in this
Code or by state law for the abatement of nuisance related activities or conditions. Nothing in
this chapter shall be deemed to prevent the City from commencing a civil or criminal
proceeding to abate a nuisance under applicable civil, penal or municipal code provisions as
an alternative or alternatives to the proceedings set forth in this chapter. (3386-3/98)
17.10.030 Definitions City Administrator/Administrative Abatement Officer. As used in this
chapter, "Administrative Abatement Officer' shall mean the City Administrator and any other
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person or persons designated by the City Administrator as being an Administrative Abatement
Officer. (3386-3/98)
17.10.050030(1) Abate/Abatement. As used in this chapter, the terms "abate" and
"abatement" shall mean action to terminate, remove, stop, cease, repair, replace or otherwise
remedy a nuisance related activity or condition by such means and in such manner as is
necessary to the interest of the health, safety or general welfare of the public. (3386-3/98)
17.10.030(b) City Administrator/Administrative Abatement Officer. As used in this chapter,
"Administrative Abatement Officer" shall mean the City Administrator and any other person or
persons designated by the City Administrator as being an Administrative Abatement Officer.
(3386-3/98)
47.48-040 17.10.030(c) Person/Responsible Person/Party. (3386-3/98)
(1) As used in this chapter, "Person"/"Responsible Person"/"Party" shall mean any
individual, business or entity who is responsible for causing, maintaining or permitting a
nuisance activity or condition. The terms "person," "responsible person" or"responsible
party" include, but are not limited to, a property owner, tenant, person with a legal
interest in real property or person in possession or occupying real property, the
president or other officer of a corporation, a business owner or manager of a business.
(3386-3/98)
M(2) Any act of negligent or willful conduct of a minor which results in the creation or
maintenance of a condition or activity which constitutes a nuisance within the meaning
of this chapter shall be imputed to the parent or guardian having custody and control of
the minor for all purposes, including the duty to abate the nuisance(s) and the
imposition of administrative penalties and costs as provided for herein. The parent or
guardian having custody and control of the minor shall be jointly and severally liable
with the minor for any and all penalties or costs imposed pursuant to this chapter.
(3386-3/98)
17.10.060030(d) Premises. As used in this chapter, the term "premises" shall mean any
location, building, structure, residence, garage, room, shed, shop, store, dwelling, lot, parcel,
land or portion thereof whether improved or unimproved. (3386-3/98)
mail,deraument is FequiFed to be seFved upon any peFSen, by the provisions of this rhapteF, SuGh
five days if the plaGe of-;Wdre-s-s is within the State.of Galifemia OF ten days if the plaGe a
to do any-aeA OF Fnake aRy Fesponse within any peFiod OF on a date Gertain shall be extended
imp/misc/admiNmc 1710/5/7/98
heLlFs at the peFSOR'S usual plaGe of business with the individual who is apparently in Gharge,
and by theFeafteF mailing by fiFSt Glass Fnail a GOPY of the AGtiGe to the person at the addFess
household, at least 18 yeaFs of age, and theFeafteF mailing by fiFSt Glass Fnail a repy of the
agenGy oveFseeing the premises, substituted be made as set foFth above, upon
17.10.owO40 Abatement of Nuisance Related Activities or Condition. Any activity, condition
or premise(s) maintained as described herein is declared to be a public nuisance and shall be
abated by cessation of the activity, rehabilitation, demolition, removal, repair or other
appropriate remedy pursuant to the procedures set forth in this chapter. (3386-3/98)
17.10.MO50 Nuisance Designated. It is hereby declared a public nuisance, or an act in the
nature of a public nuisance, for any person or party to cause, permit, abet or otherwise allow
any premises in this City to be used in such a manner that any one or more of the activities or
conditions described in the following subsections are found to occur thereon. (3386-3/98)
(a) Any condition or activity which is a "nuisance" or a "public nuisance" as defined in
Sections 3479 and 3480 of the Civil Code of the State of California or which is
specifically declared to constitute a nuisance or public nuisance by any statute of the
State of California or by any ordinance of the City of Huntington Beach. (3386-3/98)
(b) The violation of any provisions of the following Uniform Codes which have been
adopted, as amended, by the City of Huntington Beach: (3386-3/98)
(1) Uniform Building Code;
(2) National Electrical Code;
(3) Uniform Fire Code;
(4) Uniform Housing Code;
(5) Uniform Plumbing Code;
(6) Uniform Mechanical Code;
(7) Uniform Code for the Abatement of Dangerous Buildings;
(8) Uniform Swimming Pool, Spa and Hot Tub Code;
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(9) Uniform Administrative Code.
(c) The violation of any provision of the Huntington Beach Municipal Code, or the
Huntington Beach Zoning and Subdivision Ordinance Code, or any code adopted by
reference. (3386-3/98)
(d) The operation or maintenance of any business, trade or profession in violation of Title 5
of this Code, or lack of a proper certificate of occupancy. (3386-3/98)
(e) The frequent gathering, or coming and going, of people who have an intent to purchase
or use controlled substances on or at any premises in this City. (3386-3/98)
(f) Participation in a criminal street gang as proscribed by California Penal Code Section
186.22. (3386-3/98)
(g) The making or continuing, or causing to be made or continued, of any loud,
unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood
or which causes discomfort or annoyance to any reasonable person of normal
sensitiveness residing in the area. (3386-3/98)
(h) The occurrence of criminal activity at any premises which threatens the life, health,
safety or welfare of the residents of the premises, neighbors or the public. (3386-3/98)
(i) Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in
a state of partial construction. (3386-3/98)
(j) Land, the topography or configuration of which, whether in a man-made state or as a
result of grading operations, excavation or fill, causes erosion, subsidence, or surface
water drainage problems of such magnitude as to be injurious to the public health,
safety and welfare or to adjacent properties. (3386-3/98)
(k) The failure to secure and maintain from public access all doorways, windows and other
openings into vacant structures. (3386-3/98)
(1) Overgrown vegetation on developed property which: (3386-3/98)
(1) Harbors rats, vermin, and other disease carriers; or (3386-3/98)
(2) Causes detriment to neighboring properties or property values; or (3386-3/98)
(3) Causes a hazardous condition to pedestrian and/or vehicular traffic. (3386-3/98)
(m) Dead, decayed, diseased or hazardous trees, weeds and other vegetation on
developed property which: (3386-3/98)
(1) Constitutes an unsightly appearance; or (3386-3/98)
(2) Creates danger to public safety and welfare; or (3386-3/98)
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(3) Is detrimental to nearby property or property values. (3386-3/98)
(n) Abandoned, broken, neglected machinery or equipment which poses a potential hazard
to the general public. (3386-3/98)
(o) Unprotected or hazardous excavations, swimming pools, and ponds. (3386-3/98)
(p) Broken or discarded furniture, household equipment and appliances on the premises;
visible from the Street which causes damage or is a detriment to neighboring
properties. (3386-3/98)
(q) Packing boxes, lumber, dirt and other trash or debris outside commercial and industrial
buildings which is visible from public streets and causes detriment to neighboring
properties. (3386-3/98)
(r) Accumulation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots and
landscaped areas. (3386-3/98)
(s) Deteriorated parking lots which have pot holes, cracks and ridges. (3386-3/98)
(t) Fences in a state of disrepair or in a dilapidated condition. (3386-3/98)
(u) Premises including, but not limited to, building exteriors which are maintained in such
condition as to become so defective, unsightly or in such condition of deterioration or
disrepair that the same causes diminution of the property values of surrounding
property or is materially detrimental to proximal properties and improvements. This
includes, but is not limited to, the keeping and disposing of or the scattering over the
property or premises of any of the following: (i) lumber, junk, trash or debris; (ii)
abandoned or discarded or unused objects or equipment such as automobiles,
furniture, stoves, refrigerators, freezers, cans or containers; (iii) stagnant water or
excavation(s); (iv) any device, decoration, design, fence, structure, clothesline or
vegetation which is unsightly by reason of its condition or inappropriate location; or(v)
permitting or allowing any graffiti to remain on any building, wall, fence or structure.
(3386-3/98)
(v) The use of any premises for the purpose of illegal gambling, lewdness, assignation, or
prostitution as proscribed by state law or this Code. (3386-3/98)
(w) The maintenance, use, rental or lease of any premises, or subunit thereof, including
single-family dwellings, where persons are allowed to congregate, gather or loiter in
such a manner as to disturb the peace of other persons lawfully on the property itself or
lawfully in the vicinity of the property. (3386-3/98)
(x) The use of any premises for the purpose of unlawfully selling, serving, storing, keeping,
manufacturing or giving away any controlled substance, precursor, or analog as those
terms are defined by state law. (3386-3/98)
(y) Noise disturbances in violation of Chapter 8.40 of this Code. (3386-3/98)
5
jmp/misc/admin/mc 1710/5/6/98
(z) Maintenance of properties or premises in such a manner as to cause substantial
diminution of the enjoyment, use, or property values of adjacent properties. (3386-3/98)
AA. The maintenance of any sidewalk or driveway located on private
property which is debilitated, broken, damaged, or raised to such
a degree as to be unsightly if it can be viewed from public
property, or to be injurious to property or injurious to persons
using said driveway or sidewalk.
BB. The maintenance of property where buildings or structures have
been left boarded up for a period in excess of ten (10) days
without a valid demolition or building permit on file with the
Huntington Beach Community Development Department or abate
said boarded up condition.
CC. The maintenance of buildings or structures used or intended to
be used for dwelling purposes, storage or similar uses, because
of dilapidation, decay, damage, or faulty construction or
arrangement, or otherwise, is unsanitary or unfit for human
habitation or use is in a condition that is likely to cause injury or
be detrimental to the health, safety, or general welfare of those
living in the area or within.
aGfivity OF GOndition is being maintained OF GaFFied on at . s in the City reAtFaFy to the
(a) WheReveF the Administrative Abatement OffiGeF deGlaFes OF f;md-'-; that an,
(1) Set feFth a Feasonable time limit not to eXGeed th.Fty days fGF GOrreGting or abating the
(2) Suggested methods Of GGGFFeGt6Gn OFabatement and the faGt that the Gity will take steps-
to abate the nuesaRGe if the peFsen fails to do so; (3386-39�8)
(3) That administFative peRalties andleF administFative GOStS will be assessed against the
Abatement" to any and all Fespensible peFsens GF paFties, whose names and identities have
jmp/misc/admin/mcl 710/5/6/98
E33 f-3/�� ,
(4) That the peFson or party served has the Fight to request a hea g I Wed by th;s
(5) That failure to make timely appliGation fGF a heaFing as pFavided foF On this seGtion shall
poses an immediate thFeat to the health, safety, or geReral welfare of the publiG, the time
permitted fGF GOFFeGtion OF abatement shall be at least fifteen GaleRdar days. (3386 3/98)
if, OR his/heF opinion, good cause foF aR exteRsioR exists. (3386-3/98)
(e) The peFseR oF party who has beeR served with nGtiGe pursuaRt to this seGti
I
Witing. Fao!uFe to make timely appliGation fOF a heaFiRg as provided faF On this seGtion shall be
and may GaRsideF staff FepoFts OF otheF written materials relative to the matteF. The heaFing
may be rontinued from time to time as appFopFiate and the StFiGt Fules of evidenGe shall not
(h) At the Gondusion of the h the Gase where no hearing has been Fequested
the nuisaAGe as set forth in the Notire of Abatement has expiFed, the AdministFative
Abatement Off;GeF shall issue a GOmplianGe GFdeF GGRfiF i -' ling aF dismissing the
Gff;GeF shall establish the date and tome of the heaFing and shall so notify the appliGantin
Jmp/misc/admin/mcl 710/5/6/98
� 1
INMilk-
Migo
ol
_ Mr. _ _ _ _ _
•
- •
NOW-
NIPPON—
' - - - Q - - -
- - -
ROME
- -
• . -_ ••
We
• •
oFdeF and shall rease to aGGFue en the date the vielation determined by the
(a) in additiOR to the imposition of administrative penalties, the AdFniAiStFatiVe AbateFneR
the initial GOFnploanre GFdeF OF that a violation haS FeGurred within eighteen menths of the-
the nuosaRGe to be abated by City employees oF a private GGntFaGtGF. The raosts of the
(69) The impart of the violation on the roFnFnuF;Oty, and (3386 3198)
jmp/misc/admin/mc1710/5/6/98
• - - - ST-
until paid, with kerns♦ at the legal Fate PcrTear frnm , 19= (insert date of
GGRfiFmatien of statemeRt), and ha
above, and upon whiGh the Hen is ralaimed is that certain paFGel of land situated withi
State of Galifer dy known as
mere paFti rihed as follows:
Dated.17.10.180 Alternative Method of Gol!eGt*GA. Administrative
penalties,City Of HUF;ti 1
administrative Gests and
the Gost of abatement inGUFFed by the Gity are a peFSORal debt and oblegatiOR owed to the City
adMiRiStMative penalties, administrative GGsts or feF the reIIeGtiGR of the expense of abatement.
171019
days after seFV*'Ge of the final adMiRistrative GFder oF deGiSiOR, seek Feview by fi!iF;g aA appeal
to be heard by the FAUROGipal GGUFt OR aGGGFdanre with the id pFereduFes
17.10.M 060 Violations. (3386-3/98)
(a) The owner or other person having charge or control of any such buildings or premises
who maintains any public nuisance defined in this chapter, or who violates any notice of
abatement served as provided in section 17.10.100, is guilty of a MISDEMEANOR.
(3386-3/98)
(b) Any occupant or lessee in possession of any such building or structure who fails to
vacate said building or structure in accordance with a notice given as provided in this
chapter is guilty of a MISDEMEANOR. (3386-3/98)
(c) Any person who obstructs, impedes or interferes with any representative of the City
Councilor with any representative of a City department or with any person who owns or
holds any estate or interest in a building which has been ordered to be vacated,
repaired, rehabilitated, or demolished or with any person to whom any such building
has been lawfully sold pursuant to the provisions of this chapter when any of the
aforementioned individuals are lawfully engaged in proceedings involving the
abatement of a nuisance is guilty of a MISDEMEANOR. (3386-3/98)
11
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17.1 o.24-G070 Alternatives. Nothing in the foregoing sections shall prevent the City Attorney
from commencing a civil or criminal proceeding to abate a public nuisance under applicable
provisions of the California Civil Code or Penal Code as an alternative to the proceedings set
forth herein. (3386-3/98)
12
jmp/misc/admin/mc1710/5/6/98
ATTACHMENT #5
City of CIVIL CITATION
No.00000
Huntington Beach
COURT COPY Notice of Municipal Code Violation
DATE ISSUED TIME ❑ AM ❑ PM ISSUING
DEPARTMENT
NAME (FIRST) (MIDDLE) (LAST)
RESIDENCE ADDRESS
CITY STATE ZIP CODE
DRIVER LIC. NO. STATE AGE BIRTH DATE
SEX F ❑ M ❑ HAIR EYES HEIGHT WEIGHT RACE
ADDRESS OF VIOLATION
CITY STATE ZIP CODE
VIOLATION OF HBMC SECTION(S):
TOTAL FINE $
OFFICER'S OBSERVATIONS: ON THE DATE SPECIFIED HEREIN, THE UNDERSIGNED
OFFICER OBSERVED THE FOLLOWING CONDITIONS:
PRIOR CITATIONS FOR SAME VIOLATION:
❑ BUILDING VIOLATION: IF THIS BOX IS CHECKED, YOU ARE ORDERED TO
CORRECT THE BUILDING VIOLATION WITHIN 30 DAYS. YOUR CORRECTION
PERIOD ENDS ON: . YOU MAY REQUEST AN EXTENTION OF
THIS PERIOD. (SEE REVERSE SIDE) IF CORRECTION IS NOT COMPLETED WITHIN
THE 30-DAYS, YOU WILL OWE THE FINE AND YOU MAY BE CITED FOR
ADDITIONAL VIOLATONS FOR EACH DAY THE VIOLATION CONTINUES.
❑ NOTICE OF NONCORRECTION OF BUILDING VIOLATION. IF THIS BOX IS
CHECKED, YOU HAVE FAILED TO CORRECT A BUILDING VIOLATION WITHIN THE
30-DAY CORRECTION PERIOD AND YOU ARE ORDERED TO PAY THE FINE.
ORIGINAL CITATION #
VIOLATION NOTICE BY: ❑ PERSONAL SERVICE ❑ MAIL ❑ PROPERTY
POSTED
❑ PERSON CITED REFUSED TO SIGN RECEIPT FOR CITATION.
❑ VIOLATION(S) NOT COMMITTED IN MY PRESENCE, CERTIFIED ON INFORMATION
AND BELIEF.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON DATE
SHOWN ABOVE.
ISSUING OFFICER ID # DEPT.
X
WITHOUT ADMITTING GUILT, 1 ACKNOWLEDGE HAVING RECEIVED THE CITATION
X
THE LAW REQUIRES THAT YOU TAKE STEPS TO EITHER: (1) COMPLY WITH THIS
CITATION, OR (2) CONTEST THE VIOLATION. TO COMPLY WITH THIS CITATION,
PAY THE FINE AND CORRECT THE VIOLATION. (SEE REVERSE SIDE) TO CONTEST
THIS CITATION AND REQUEST A HEARING ON DATE AND TIME SPECIFIED BELOW,
FOLLOW THE PROCEDURES ON THE REVERSE SIDE.
YOU ARE NOTIFIED THAT THE DATE AND LOCATION OF ANY ADMINISTRATIVE
HEARING TO CONTEST THE VIOLATION(S) WILL BE AT THE HUNTINGTON BEACH
CITY HALL, 2000 MAIN ST., HUNTINGTON BEACH, CA 92648, ON THE _ DAY
OF
19 . AT 8:00 P.M.
JUVENILES MUST BE ACCOMPANIED BY PARENT OR GUARDIAN.
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IMPORTANT - READ CAREFULLY:
THE LAW REQUIRES YOU TO TAKE THE FOLLOWING STEPS TO EITHER:
(1) TO COMPLY:
A. Pay the fine within 30 days or be subject to late penalty. The citation
and fine shall be mailed or delivered to the CITY OF HUNTINGTON BEACH,
The citation
number must be written on the face of the check or money order. Do Not
Send Cash. IMPORTANT: The payment of the fine does NOT excuse you
from the requirement to correct the Municipal Code violation cited herein.
S. If this citation is for a Building Violation, you have 30 days to correct the
violation and not have to pay the fine. You may be cited for additional
violations for each day the violation exists after the end of the 30-day
correction period. You may file a letter request for an extension of this 30-
day period with the Issuing Department at 2000 Main St., Huntington Beach,
CA 92648. Requests may be granted in unusual circumstances where
justified.
(2) TO CONTEST:
A. Administrative Hearing - You may request an Administrative Hearing to
contest the citation by mailing or delivering a signed copy of the citation on
the form below to the City Attorney's office within 30 days of the date this
citation is issued. You must specify one of the grounds for the
Administrative Hearing on the form below. IMPORTANT: To obtain a
hearing, you must deposit the full amount of the fine with your request,
unless you also request on the form below (and are granted) a financial
hardship waiver (HBMC Sec. 1.18.080). IMPORTANT: The time, date and
place of a hearing on a request are specified on the front of this citation. You
are required to attend the hearing, or file
The hearing officer will decide your request and notify you of the decision at
the hearing when it is over. If you convince the hearing officer that there
was no code violation, that you corrected it in time, or that you are not a
responsible person for the violation, the citation will be canceled and fine
deposit will be returned to you. If the hearing officer denies your request,
the deposit will be kept by the City as payment of the fine. If the violation is
not corrected, you may be cited for additional violations.
B. Court Appeal-You may file an appeal from the hearing officer's decision
with the Municipal Court within 20 days of being notified of the decision. To
appeal you must pay a $25 filing fee to the court.
.IMPORTANT NOTICE. The violation of the Municipal Code section charged
in this citation constitutes a NUISANCE. Unpaid fines and other costs of
abatement for property related violations may be collected by the City by an
assessment and/or lien against your property pursuant to Government Code
sections 38773.1 and 38773.5 and Municipal Code section 1.18.120.
Unpaid assessments can result in the property being sold after three years by
the County Tax Collector. A full description of the civil citation procedures
for Municipal Code violations and your rights in that process are found in
Municipal Code sections 1.18.010 through 1.18.120. For further
information about this civil citation you may call the City Attorney office at
714-536-5555.
IMPORTANT---USE THIS FORM TO CONTEST THE CITATION
1. ❑ I HEREBY REQUEST THE ADMINISTRATIVE HEARING SPECIFIED
HEREIN TO CONTEST THE CITATION ON THE FOLLOWING GROUNDS
AND AGREE TO ATTEND THE HEARING THEREON:
❑ THE VIOLATION DID NOT OCCUR;
❑ THE VIOLATION WAS CORRECTED IN TIME; OR
❑ I AM NOT RESPONSIBLE FOR THE VIOLATION.
2. ❑ 1 HAVE ENCLOSED THE FINE DEPOSIT; OR
❑ I HEREBY REQUEST THE FINE DEPOSIT BE WAIVED BASED ON
GROUNDS IN THE ATTACHED STATEMENT.
(Signature of person making the request) Date
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ATTACHMENT #6
CITY OF HUNTINGTON BEACH
REQUEST FOR
PRELIMINARY REVIEW OF
ADMINISTRATIVE CITATION
1. Citee's Name: Date:
2. Citation No.
3. Issuing Department:
4. Grounds for review request:
a. The citation was erroneously issued because:,
b. The citee is not a responsible person for the violation because:
5. I ❑ have, or ❑ have not, attached a document(s)to support this request.
Citee's signature
jmptn iseladmir/requestU05/05/98
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ATTACHMENT #7
City of CIVIL CITATION
Huntington Beach Notice of Decision
Court Copy
DATE OF DECISION
CITEE: NAME (FIRST) (MIDDLE) (LAST)
CITATION # ISSUING OFFICER ISSUING DEPARTMENT
ACTION TAKEN:
Request for Preliminary Review:
1. ❑ Citation is cancelled on finding grounds exist(HBMC Sec. 1.18.060):
❑ The violation did not occur; or
❑ The person cited is not responsible for the violation.
2. ❑ Request is denied and cite upheld on finding ❑ violation established and
grounds to contest not established (HBMC Sec. 1.18.060), or ❑ request filed
late.
Request for Waiver of Fine Deposit:
3. ❑ Request is granted on finding reasonable hardship (HBMC Sec. 1.18.070).
(NOTE: Set second hearing date below.)
4. ❑ Request is denied on finding ❑ no reasonable financial hardship and you are
ordered to deposit the fine no later than 3 days before the Administrative Hearing
date set below (HBMC Sec. 1.18.070); or❑ request filed late.
Administrative Hearing date:
Request for Administrative Hearing:
5. ❑ Citation is cancelled on finding grounds exist(HBMC Sec. 1.18.100).
❑ The violation did not occur;
❑ The violation was corrected on time; or
❑ The person cited is not responsible for the violation.
6. ❑ Citation is upheld on finding:
❑ violation established by the evidence (HBMC Sec.1.18.100), or
❑ request filed late, or ❑ deposit not made, or ❑ citee.failed to appear at
hearing.
Request for Continuance:
7. ❑ Granted. Administrative Hearing is continued to
at same location and time on good cause shown.
8. Continuance denied on finding ❑ no good cause shown, or ❑ request filed
late..
Request for Extension of Correction Period for Building Violation:
9. ❑ Request is denied because❑ no good cause shown, or❑ request filed late.
10. ❑ Request is granted on good cause shown. New date for end of correction
period is:
Miscellaneous:
11. ❑ Citation for Building Violation is cancelled:corrections made.
EVIDENCE AT ADMINISTRATIVE HEARING:
1. ❑ Proof of deposit of fine; or ❑ Fine waived.
2. ❑ Civil Citation
3. ❑ Preliminary Review Request and Notice of Decision
4. ❑ Administrative Hearing Request
5. ❑ Testimony by person cited
6. ❑ Other testimony (name)
7. ❑ Other documents attached
NOTICE OF DECISION DELIVERED: ❑ IN PERSON ❑ BY MAIL
❑ Person appearing refused to sign receipt for Notice of Decision.
I DECLARE UNDER THE PENALTY OF PERJURY UNDER THE LAWS OF THE STATE
OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON
THE DATE SHOWN BELOW.
By HEARING OFFICER: By CITY OFFICIAL:
X X
(Title)
WITHOUT ADMITTING GUILT, I ACKNOWLEDGE HAVING RECEIVED THIS NOTICE OF
DECISION AND THAT MY MAILING ADDRESS ON THE CITATION IS CORRECT.
X
FOR FURTHER INFORMATION CONCERNING THIS DECISION, please see reverse side
of this Notice.
jmp/misc/admin/notice02
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IMPORTANT - READ CAREFULLY:
THE LAW REQUIRES YOU TO COMPLY WITH THE FOLLOWING
REQUIREMENTS:
1. Regarding a Request for Preliminary Review:
. If the citation was cancelled, nothing further is required of you
concerning the citation.
If the citation was upheld and you still wish to contest it, you must
file a request for an Administrative Hearing pursuant to Huntington Beach
Municipal Code(HBMC) Sec. 1.18.070. The time to file such a request has
not been extended by your seeking this Preliminary Review.
2. Regarding a Request for Waiver of the Fine Deposit:
If the request was granted, you may attend the scheduled
Administrative Hearing without depositing the fine.
If the request was denied and you still want to.contest the citation
at an Administrative Hearing, you must deliver the fine.deposit to the City of
Huntington Beach at at least 3
business days prior to the date set for the Administrative Hearing. If you fail
to make the deposit your request will be deemed abandoned .pursuant to
HBMC Sec. 1.18.080.
3. Regarding a Request for Administrative Hearing:
If the citation was cancelled, nothing further is required of you
concerning the citation.
If the citation was upheld, the law requires that you either:
a. COMPLY WITH THE DECISION. The law requires the fine
be paid by the City's retaining the fine deposit, OR, If the deposit was not
made or was waived, you must now pay the fine shown on the citation by
mailing or delivering it to the City of Huntington Beach
at . IMPORTANT: Payment of the fine does NOT
excuse you from the requirement to correct the Municipal Code violation
cited and found to be established by the hearing officer. Failure to correct
the violation makes you liable for additional fines pursuant to HBMC
Sec.1.18.050; OR
b. APPEAL THE DECISION to the Municipal Court. To appeal
you are required to pay a $25 filing fee to the court and file a Notice of
Appeal and a proof of service showing delivery of the appeal notice to the
City of Huntington Beach (Attention: City Attorney). The appeal notice must
be filed with the court before the expiration of 20 days from the date you
were served the Notice of Decision. The form for the Notice of Appeal may
be obtained from the court clerk, Municipal Court, 8141 131h Street,
Westminster, CA 92683. (714) 896-7111. The form is also available from
the City Attorney's office.
IMPORTANT NOTICE: The violation of the City Municipal Code section
charged in the citation constitutes a NUISANCE. Unpaid fines and other
costs of abatement may be collected by the City by an assessment and/or
lien against your property pursuant to Government Code sections 38773.1
and 38773.5 and Municipal Code Section 1.18.120. Unpaid assessments
can result in the property being sold after three years by the County Tax
Collector.
A full description of the civil citation procedures for Municipal Code
violations and your rights in that process are found in City Municipal Code
Sections 1.18.010 through 1.18.120. The above explanations are only
summaries and you should consult these code sections for a full discussion
of the procedures and your rights and obligations. For further information
about the civil citation you may call the City Attorney's office at (714) 536-
5555.
jmp/misc/admin/noticeo 1
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ATTACH MEN T #8
Name,address and telephone number of appellant or attorney: FOR COURT USE ONLY
Attorney for(Name) Bar Number
ORANGE COUNTY.WEST MUNICIPAL COURT
8141 13'h Street,
Westminster,California
Mailing Address:
8141 14t'Street
Westminster,California 92683-4593
APPELLANT:
RESPONDENT:
NOTICE OF APPEAL CASE NUMBER
GC 53069.4
APPELLANT, OF THE ABOVE ENTITLED
ACTION,HAVING EXHAUSTED THE ADMINISTRATIVE REVIEW
PROCESS,HEREBY APPEALS TO THE MUNICIPAL COURT IN AND FOR
THE COUNTY OF ORANGE,STATE OF CALIFORNIA,FROM THE FINAL
DECISION OF THE ADMINISTRATIVE REVIEW,WHICH WAS SERVED ON
REGARDING CITATION NUMBER
date mailed
DATED: _
SIGNATURE OF APPELLANT OR ATTORNEY
Note Attach a proof of service showing service on City of Huntinton Beach(Attn: City
Attorney).
A separate appeal must be file for each administrative citation.
NOTICE OF APPEAL GC 53069.4
jmp/misc/admin/noticeof
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q o cG
Council/Agency Meeting Held:
Deferred/Continued to:7/Ja �
1 (Approved ❑ Conditionally Approved ❑ Denied _
City CI k's Si nature
Council Meeting Date: 12/15/03 Department ID Number: CA 03-27
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
C
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS — =�
SUBMITTED BY: JENNIFER MCGRAT* Attorne C-)
Y Y
PREPARED BY: JENNIFER MCGRATiOty Attorney: U n CD
SUBJECT: Adoption of Ordinance No. 3AD 3D An Ordinance of the Cites
Council of the City of Huntington Beach Amending Chapter ;f18 the
Huntington Beach Municipal Code Relating to Administrative Citations
Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Adoption of Ordinance No. 3LQ-1-0 An Ordinance of the City
Council of the City of Huntington Beach Amending Chapter 1.18 of the Huntington Beach
Municipal Code Relating to Administrative Citations
Funding Source: N/A
Recommended Action: Adopt Ordinance No.
Alternative Action(s): Do not adopt Ordinance No. 3ln 30
Analysis: The City Council implemented the Administrative citation program in 1998. In the
5 years since implementation, staff has found that modifications to the original program
would aid in achieving and maintaining compliance which were the goals in establishing the
program. In July, 2003 Council adopted Resolution No. 2003-47 which updated the amount
of the civil fines bringing them more in line with current City fees and fines. Staff is
recommending that some of the existing procedures be revised and that new procedures be
implemented. These changes incorporate the revised fine amounts and will streamline
enforcement of the program. Language in certain sections has been revised to permit the
program to be more "user friendly."
I�
REQUEST FOR COUNCIL ACTION
MEETING DATE: 12/15/03 DEPARTMENT ID NUMBER: CA 03-27
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number No. Description
Ordinance No. 31o3b An Ordinance of the City Council of the City
of Huntington Beach Amending Chapter 1.18 of the Huntington Beach
x Municipal Code Relating to Administrative Citations.
$.
2. Legislative Draft of Chapter 1.18
RCA Author: JMP
03 admin cite -2- 9/4/03 4:33 PM
ATTACHMENT NO. 1
ORDINANCE NO. O
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 I. Section 1.18.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
1.18.020 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
(a) 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.
(b) Citation - An administrative citation issued pursuant to this chapter. Citation includes a
Notice of Noncorrection unless the context clearly shows otherwise.
(c) Citee - Person given an administrative citation charging him or her as. a responsible
person for a code violation.
(d) City Attorney—The City Attorney or his/her designee.
(e) City Treasurer—The City Treasurer or his/her designee.
(f) 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.
(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 a fair and impartial
hearing based on appropriate education,training and experience.
(h) Issued - Giving a citation to the citee and issuance occurs on the date when a citation is
personally served on the citee, the date it is mailed to the citee, or the date it is posted on
real property where a property related violation occurs.
(i) 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.
(j) Notice of Noncorrection - A reissuance of an original citation for a building violation
03ord/chap I-18 ord/9/4/03 I
which notes a violation(s) on the original citation has not been corrected within the
applicable correction period.
(k) Responsible person-A responsible person is any of the following:
(1) 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.
SECTION 2. Section 1.18.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
1.18.030 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) 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.
(c) 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
03ord/chap 1-18 ord/9/4/03 2
has committed acts that are not compatible with the health, safety and general welfare of
other persons and businesses in the vicinity.
SECTION 3. 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
i 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.
SECTION 4. Section 1.18.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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) The code section violated.
(5) Address where the code violation occurred.
03ord/chap 1-18 ord/9/4/03 3
(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) 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.
(12) Signature of the Enforcement Officer issuing the citation.
(13) Date the citation is issued.
(14) Any other information deemed necessary by the City Attorney or City Treasurer for
enforcement or collection purposes.
SECTION 5. Section 1.18.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 certified mail. The citation shall be
mailed to the citee'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 shall also be mailed via certified mail to the citee at the property
address.
SECTION 6. Section 1.18.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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
03ord/chap I-l8 ord/9/4/03 4
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, late payment penalty, and
processing fee 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 the date of issuance of the citation.
(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.
SECTION 7. Section 1.18.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
1.18.080 Payment of Civil Fines.
(a) Fines shall be paid to and received by the City Treasurer within 30 days of the date of
issuance of the citation.
(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.
SECTION 8. Section 1.18.090 of the Huntington Beach Municipal Code.is hereby
amended to read as follows:
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.
(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.
03ord/chap 1-18 ord/9/4/03 5
(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.
SECTION 9. Section 1.18.100 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 Attorney within 30
days of the date the citation was issued,and be accompanied by evidence of payment 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. All
requests shall be date stamped upon receipt.
(c) The person requesting the Administrative Hearing may file a written declaration with the
City Attorney before the hearing or personally attend the hearing on the date,time and place
specified by the City Attorney. 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 1.18.120(f).
SECTION 10. Section 1.18.110 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 Attorney within 30 days of the date the citation is issued.
(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 as set by the City Attorney's office or file a written declaration
with the City Attorney prior to the hearing. A failure to file a written declaration before the
03ord/chap 1-18 ord/9/4/03 6
i
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 1.18.120(f).
(c) The waiver request will be decided by the Hearing Officer 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. 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 citee shall pay the fine amount within fourteen days. Failure to
make the deposit by the time required shall be deemed an abandonment of the contest.
Upon receipt of the fine amount,the administrative hearing to contest the citation shall be
set pursuant to Huntington Beach Municipal Code §1.18.120.
(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 request is final and not subject to an appeal
pursuant to section 1.18.140.
SECTION 11. Section 1.18.120 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
1.18.120 Hearing Procedures.
1 ,, (a) The hearing shall be conducted by a Hearing Officer on the date,time and place specified by
the City Attorney.
(b) The City Attorney 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 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 the
code violation specified in the citation. A parent or legal guardian of a citee who is a minor,
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.
(c) 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 Attorney at least 24 hours
03ord/chap 148 ord/9/4/03 7
before the hearing date. If the continuance is granted, a new hearing date shall be set 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.
(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 Attorney.
SECTION 12. Section 1.18.130 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 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.
;
SECTION 13. Section 1.18.140 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 West Justice Center of the Superior 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 West Justice Center a$25 filing fee when the appeal is filed.
03ord/chap 1-18 ord/9/4/03 8
(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 shall forward to the Court within 15 days of its request,the pertinent
citation documents for any case appealed to that court. If the.Court cancels any citation,the
City will refund any fine deposit made and the $25 appeal filing fee.
SECTION 14. 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 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.
(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
i
other City approval pertaining to the property 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 pas 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 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:
03ord/chap 1-18 ord/9/4/03 9
(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.
(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 Government Code sections 38773.1 and 38773.5 when a citation is
personally served on the citee. In addition,the City Clerk 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.
03ord/chap 1-18 ord/9/4/03 10
SECTION 15 .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 5 th day of January ,20G4.
Ma
ATTEST:
APPROVED AS TO FORM:
City Clerk
� c ,
City Attorney U
REVIEWED AND APPROVED:
INITIATED AND APPROVED:
City dministrator J"��C�iAt�tomey� 03
i
03ord/chap I-I8 ord/9/4/03 1 1
Ord. No. 3630
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-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 the 15th day of December, 2003, and was again read
to said City Council at a regular meeting thereof held on the 5th day of January,2004,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Sullivan, Coerper,Hardy, Green, Boardman, Cook,Houchen
NOES: None
ABSENT: None
ABSTAIN: None
1,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-0fficio 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 January 15,2004.
In accordance with the City Charter of said City
Connie Brockway,City Clerk City Clerk and ex-officio Jerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT NO . 2
Huntington Beach Municipal Code 1.18.010--1.18.010(t)
LEGISLATIVE DRAFT
Chapter 1.18
VX-
ADMINISTRATIVE CITATIONS
(3397-7/98)
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. (3397-7/98)
(a) This chapter makes any violation of the provisions of this code subject to civil fine. (3397-7/98)
(b) This chapter establishes the administrative procedures for the imposition, enforcement,
collection, and administrative review of civil fines pursuant to Government Code section
53069.4 and the City's plenary police power under its charter. (3397-7198)
(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. (3397-7/98)
(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. (3397-7/98)
(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. (3397-7/98)
(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. (3397-7/98)
Iegisdrfdmc0118/7/30/03 1
1.18.020--1.18.020(i)(5) Huntington Beach Municipal Code
1.18.020 Definitions. (3397-7198)
The following definitions apply to the use of these terms for the purposes of this chapter: (3397-
7/98)
(a)(C) Citee - Person given an administrative citation charging him or her as a responsible
person for a code violation. (3397-7/98)
( (b)Citation - An administrative citation issued pursuant to this chapter. Citation includes a
Notice of Noncorrection unless the context clearly shows otherwise. (3397-7/98)
(d) City Attorney— The City Attorney or his/her designee.
(e) City Treasurer— The City Treasurer or his/her designee.
(e) (a) 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. (3397-7/98)
(d) (f) 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. (3397-7/98)
(e} (h)Issued - Giving a citation to the citee and issuance occurs on the date when a citation is
personally served on the citee, the date it is mailed to the citee, or the date it is posted on
real property where a property related violation occurs. (3397-7/98)
(4) (i) 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. (3397-7/98)
(g� (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 a fair and impartial
hearing based on appropriate education,training and experience. (3397-7/98)
(fit) 0) 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. (3397-7/98)
(4) (k) Responsible person- A responsible person is any of the following: (3397-7/98)
(1) A person who causes a code violation to occur. (3397-7/98)
(2) A person who maintains or allows a code violation to continue, by his or her action or
failure to act. (3397-7/98)
legisdrft/mc0118/7/30/03 2
(3) A person whose agent, employee, or independent contractor causes a code violation by
its action or failure to act. (3397-7/98)
(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. (3397-7/98)
(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.
(3397-7/98)
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. (3397-7/98)
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. (3397-7/98)
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. (3397-7/98)
1.18.030 Administrative Citation for Non-building Violation. (3397-7/98)
(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. (3397-7/98)
(b) Evefy pefsen whe applies for-and r-eeeives a pen:nit, lieense, or-an),t�Te of land
(e)(b) 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. (3397-7/98)
(d)(c) 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. (3397-7/98)
1.18.040 Administrative Citation for Building Violation. (3397-7/98)
(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. (3397-7/98)
Iegisdrft/mc0118/7/30/03 3
(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. (3397-7/98)
(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. (3397-7/98)
(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. (3397-7/98)
1.18.050 Citation Contents. (3397-7/98)
(a) Each administrative citation shall contain the following information: (3397-7/98)
(1) Name of the responsible person for the violation of this code. (3397-7/98)
(2) Date on which an inspection established the code violation. (3397-7/98)
(3) Issuing department for the code section(s)violated. (3397-7/98)
(4) The code section violated. (3397-7/98)
(5) Address where the code violation occurred. (3397-7/98)
(6) Description of the violation established by inspection. (3397-7/98)
(7) Amount of the fine for the violation and procedure to pay the fine and avoid a late
payment penalty. (3397-7/98)
(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. (3397-7/98)
(9) Designation of any prior citations, issued for the same code violations, if known. (3397-7/98)
(10) Description of the procedure for requesting a Waiver of Fine Deposit and/or an
Administrative Hearing to contest a citation. (3397-7/98)
(11) Designatien ef an assigned hearing date, time and leeatien fer-tise if a fequest
Waiver-of Fine Deposit or-an Administr-ative Hearing is fflade.-k33&7-71W
(1-2)(11) 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. (3397-7/98)
(12) Signature of the Enforcement Officer issuing the citation. (3397-7/98)
legisdrft/mc0118/7/30/03 4
(�4)(13) Date the citation is issued. (3397-7/98)
(15) A self addressed efwelepe in w-hieh the eitee ean send to the City the fine or a r-eques
for-.a Waiver-ef Fine Deposit and/or-an Adfainistfafive HeEffing—(3397-7A�9)
(16)(14)Any other information deemed necessary by the City Attorney or City Treasurer
for enforcement or collection purposes. (3397-7/98)
1.18.060 Service of Citation. A citation may be served as follows: (3397-7/98)
(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. (3397-7/98)
(b) An Enforcement Officer may mail the citation by Ernst ela9s certified mail, if the eitee
The
citation shall be mailed to the citee'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. (3397-7/98)
(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 wiI4 shall also be mailed via certified mail to the citee at the
property address. (3397-7/98)
1.18.070 Amount of Civil Fines. (3397-7/98)
(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. (3397-7/98)
(b) The schedule of fines may also specify the amount of interest,and late payment penalty,
and processing fee 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-"e the date of issuance
of the citation. (3397-7/98)
(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. (3397-7/98)
1.18.080 Payment of Civil Fines. (3397-7/98)
(a) Fines shall be paid to and received by the City Treasurer within 30 days of the de date of
issuance of the citation. Payment shall be made by mailing the efivelepe al4aehed to
address-E3397-71W
(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. (3397-7/98)
1.18.090 Preliminary Review. (3397-7/98)
legisdrft/mc0118/9/4/03 5
(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. (3397-7/98)
(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. (3397-7/98)
(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. (3397-7/98)
(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. (3397-7/98)
(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. (3397-7/98)
(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. (3397-7/98)
(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. (3397-7/98)
1.18.100 Request for Administrative Hearing. (3397-7/98)
(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. (3397-7/98)
(b) To be effective and complete, the request must be received by the City Attorney
Tfeas, fef's O ffiee . within 30 days of the date the citation
was issued, and be accompanied by a-deposit evidence of payment 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-9€fiee. All
requests shall be date stamped upon receipt. The Git Treast,-ef is µ„+>,,.rizea t desig µ e
(3397-
7/98)
(c) The person requesting the Administrative Hearing may file a written declaration with the
City Attorney' before the hearing or personally
attend the hearing on the date, time and place specified by the City Attorney ewe
ekpAie;i. 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
legisdrft/mc0118/7/30/03 6
an abandonment of the request, unless the hearing was continued pursuant to section
1.18.120F(f). (3397-7/98)
1.18.110 Waiver of Fine Deposit. (3397-7/98)
(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 Attorney -r feas•._o..'s O ffiee within 30 days of the date the
citation is issued. The addr-e iiieh r-equests shall be sent may be established b
. (3397-7/98)
(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 as set by the City Attorney's office on the fequeS4 or file a
written declaration with the City Attorney's O fflee e f the City ^tte fney's desigpee 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
1.18.120F(f). (3397-7/98)
(c) The waiver request will be decided by the Hearing Officer at the hearing date,
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 effieer- shall then insei4 en the Notiee of Deeisien fefm the new date set fef the
Administrative Heafing whieh 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. (3397-7/98)
(d) If the waiver is denied, the Hearing O ffieer- shall give the ,,;too a elf addressed envelepe
the citee shall pay the fine amount within
fourteen days. mail the de t1,o o elepe „ idea s that;t ; postmarked eA le, t
5 ealendar-days before the date designated on the Netiee ef Deeisien for-the Administfafive
moiled. Failure to make the deposit by the time required shall be deemed an abandonment
of the contest. Upon receipt of the fine amount, the administrative hearing to
contest the citation shall be set pursuant to Huntington Beach Municipal
Code §1.18.120. (3397-7/98)
(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 request is final and not subject to an appeal
pursuant to section 1.18.140. (3397-7/98)
1.18.120 Hearing Procedures. (3397-7/98)
(a) The hearing shall be conducted by a Hearing Officer either-(i)on the date, time and place
specified it *he eitatien by the City Attorney, er- (4) en the date designa4ed en the
Nefiee of Deeisien when there was a request to waive the fine depesit whieh was heafd e
the da. e noted on the e t t: ,. . (3397-7/98)
(b) The City Attorney' , 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 Offier
the City ^tt,.... ey's designee, shall also make available to the citee before the hearing a copy
legisdrft/mc0118/7/30/03 7
of any additional reports concerning the citation that are provided to the Hearing Officer.
(3397-7/98)
(c) The citee shall be given the opportunity to testify and to present evidence relevant to
the code violation specified in the citation. A parent or legal guardian
of a citee who is awe minor, under 18 years of age, shall accompany the citee. (3397-
7/98)
(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. (3397-7/98)
(c) 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. (3397-7/98)
(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 Attorney
Offiee at least 24 hours before the hearing date. If the continuance is granted, a new hearing
date shall be set fer 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 Attorney4-9ffiee. (3397-7/98)
(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. (3397-7/98)
(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 Attorney
Tr-e sufe,.'s O fflee. (3397-7/98)
1.18.130 Administrative Hearing Decision. (3397-7/98)
(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 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. (3397-7/98)
(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. (3397-7/98)
1egisdrft/mc01 18/7/30/03 8
(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. (3397-7198)
1.18.140 Right to Judicial Review. (3397-7198)
(a) The citee may seek judicial review of the Administrative Hearing decision by filing an
appeal with the Munieipal C West Justice Center of the Superior 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 West Justice Center a$25
filing fee when the appeal is filed. (3397-7/98)
(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. (3397-7/98)
(c) The City Attorney , shall forward to the 1l4unieipal Court
within 15 days of its request, the pertinent citation documents for any case appealed to that
court. If the 114tmieipal Court cancels any citation, the City will refund any fine deposit
made and the $25 appeal filing fee. (3397-7/98)
1.18.150 Collection of Unpaid Fines. (3397-7/98)
(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.
(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, license, or any type of land use approval issued by the City to a person
who has unpaid fines, interest and penalties totaling $5W 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. 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
IegisdrR/mc0118/7/30/03 9
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.
(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 Government Code sections 38773.1 and 38773.5 when a citation is
personally served on the citee. In addition, the Dir-eeter City Clerk 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.
IegisdrR/mc0118/7/30/03 10
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney
SUBJECT: Adoption of Ordinance No.
COUNCIL MEETING DATE: .12 15 03
RCA ATTACHMENTS, ' STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Financial Impact Statement Unbudget, over $5,000 Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Find in s/Conditions for Approval and/or Denial Not Applicable
xprEXPLANATION FOR.MISSING ArTTACHMENTS
_ REVIEWED ; RETU.RNEDt s:- =.FOR RDEW
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION,FOR RETURN. O,F ITEMS ,.
Only)(Below Space For City Clerk's Use
RCA Author:
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signa e
Council Meeting Date: July 7, 2003 Department ID Number: P1EO3-17
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator0a.61 c
PREPARED BY: JENNIFER MCGRAT4i, bity Attorney
HOWARD ZELEFSKY, Director of Planning
/;-/
SUBJECT: APPROVE RESOLUTION REVISING THE FEE SCHEDULE FOR
CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS //, ,2003-�y7
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for City Council con ' - ration is a request to adopt Resolution No..2oo3-y
authorizing the revision of the . ee schedule for civil fines for municipal code violations.
Staff is recommending approval of the request.
Funding Source: Not appli _ le.
Recommended Action:
STAFF RECOMMENDATION:
Motion to:
a 003
1. "Adopt Resolution No. , authorizing the revision of the fee schedule for civil fines
for municipal code violations."
Alternative Action:
The City Council may make the following alternative motion:
1. Do not approve Resolution Noa003-`'-77
i
1 �`
REQUEST FOR ACTION
MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PL 03-17
Analysis:
Resolution No.c2Do3- authorizes the revision of the fee schedule for civil fines for
municipal code violations.
In June of 1998, the City Council of Huntington Beach adopted Ordinance No. 3397
"Administrative Citations", establishing a stream-lined civil process which allowed the
issuance of an administrative citation for violations of the municipal code. The stated
purpose of the administrative citations was to encourage voluntary and complete
compliance with the municipal code for the protection and benefit of the entire community.
This process imposed civil fines for any violation of the municipal code including zoning,
building, housing and fire regulations, business licenses, display of signs and banners,
animal control leash laws and barking dogs, right-of-way encroachments, and noise
restrictions. The Council also adopted Resolution No. 98-43, which established the fee
schedule for civil fines for these administrative code violations. The initial fee schedule
adopting civil fines of $100 for the first violation, $200 for second violations, and $500 for
subsequent violations, was believed to be an effective deterrent and penalty to assist in
achieving and maintaining compliance with the municipal code.
However, since 1998, these fine amounts have become less effective in achieving and
maintaining compliance, especially with commercial properties and businesses found to be
in violation and with properties found to be in violation again after a period of one year.
These fine amounts have also not been adjusted since 1998, while the majority of other
City fees and fines have been reviewed and adjusted as appropriate.
It is proposed in the revised fee schedule that the civil fines for municipal code violations
be set at $250 for the first violation, $500 for second violations, and $1,000 for subsequent
violations. Staff believes these amounts will increase the effectiveness of enforcement
efforts by resulting in more rapid code compliance and by deterring both first time and
repeat violators.
Environmental Status:
Not applicable.
Attachment:
City Clerk's
Page Number No. Description
1 City Council Resolution No. 49003' �17
RCA Author: Bill Zylla/Jennifer McGrath/Howard Zelefsky
PL03-17 -2- 6/23/2003 9:53 AM
ATTACHMENT
1
RESOLUTION NO. 2003-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REVISING THE FEE SCHEDULE FOR
CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS
WHEREAS, the City Council adopted Ordinance No. 3397 which authorized the
issuance of administrative citations that impose civil fines upon persons who violate the
Municipal Code of the City of Huntington Beach; and
Section 1.18.040 of the Municipal Code provides that the fines, interest and penalties
shall be set by the City Council by resolution; and
The City Council has considered this matter and has determined to set forth the specific
fines, interest and penalties for code violations,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
1. The civil fines, interest and penalties and implementing provisions for violations
of the Municipal Code pursuant to Chapter 1.18 shall be those as specified in Schedule 1,
attached hereto and incorporated herein,
2. These fines, interest and penalties are subject to the provisions of said Chapter
1.18 and shall remain in force until changed by a new resolution of the City Council.
3. Resolution No. 98-43 is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of July , 2003.
&*;!"
Mayor
ATTEST• .[ APPROVED AS TO FORM:
City Clerk ity Attorney
REVIEWED AND APPROVED: ITIATED AND APPROVED:
1�
City Admi strator J61—yAtt0
ey
03reso/admin cite fines/6/23/03
SCHEDULE 1
FINES,INTEREST,AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
L Fines. Violations of the Municipal Code of.the City-of Huntington Beach_shall be subject
to the fines shown below. A subsequent violation is any violation where the citee was
cited one or more times in the preceding 12 months for the same violation, unless the
violation was cancelled pursuant to Chapter 1.18.
FINE AMOUNT FINES FOR FINES FOR
CODE FOR FIRST SECOND SUBSEQUENT
SECTION VIOLATION: VIOLATIONS: VIOLATIONS
All Code sections: $250........................... $500......................... $1,000.
2. Interest on Fines. Interest shall accrue upon all delinquent fines and penalties at the
annual rate of 18 per cent. This interest will be imposed and collected according to the
discretion of the City Treasurer upon considering such factors bearing on practicability as
to the cost to compute the interest owed, the amount of interest due, and its collectability.
The purpose.of granting this discretion to the Treasurer is to not require collection of
interest when it would not be cost effective.
3. Late Pavment Penalties. A $25 late payment penalty shall be owed for fines not paid
within 30 days of their due date. The Treasurer shall have the same discretion over
collection of late penalties as for interest as set forth in paragraph 2 above.
4. Collections. Fines that are delinquent for 60 days or more and total at least$250 shall be
processed through the abatement and/or assessment procedures specified in section
1.1&120 of the Municipal Code. All other delinquent fines may be referred to a
collection agency as determined by the City Treasurer.
03reso/admin cite fines/6/23/03
Res. No. 2003-47
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-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 resolution
was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the
7tn day of July, 2003 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook , Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex officio Clerk of the
City Council of the City of
Huntington Beach, California
Ehring, Liz
From: McGrath, Jennifer
Sent: Wednesday, June 25, 2003 11:35 AM
To: Ehring, Liz
Subject: RE: RCA for Revising Fee Schedule for Civil Fines for HBMC Violations
This is an exception. Thank you.
-----Original Message-----
From: Ehring, Liz
Sent: Wednesday,June 25,2003 11:23 AM
To: McGrath,Jennifer
Cc: Mulvihill, Leonie
Subject: RCA for Revising Fee Schedule for Civil Fines for HBMC Violations
Jennifer- Probably this is an exception, but just wanted to let you know that Leonie is currently working on the Fee
Resolution No. 2003-85 (amending Resolution No. 5159) and if you wanted to add the above-captioned fee schedule
as a supplemntal fee resolution to No. 2003-85. 1 will await your response prior to numbering the resolution.
Thank you. Liz Ehring, x5450
1