CITY OF

HERMOSA BEACH

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MUNICIPAL CODE 
ON-LINE

GENERAL PROVISIONS

Chapter 1.10

ADMINISTRATIVE CITATIONS AND PENALTIES

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	1.10.010	Administrative citations.
	1.10.020	Definitions.
	1.10.030	Administrative citations not a waiver of other remedies.
	1.10.040	Code violations subject to administrative penalty procedures.
	1.10.050	Fines.
	1.10.060	Contents of citation.
	1.10.070	Service of citation.
	1.10.080	Satisfaction of administrative citation.
	1.10.090	Appeal of administrative citation.
	1.10.100	Right to judicial review.
	1.10.110	Failure to comply with administrative order.

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1.10. 010   Administrative citations.

Certain provisions of this Code, specifically designated in this chapter, may be enforced through the use of administrative citations and penalties as provided for in this chapter. Use of the provisions of this chapter shall not prevent the use of other methods of enforcement or abatement as provided by this Code, including but not limited to criminal and civil actions.

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1.10. 020   Definitions.

For the purposes of this chapter, the following definitions shall apply:

1. 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/or a person who is a lessee or sub lessee 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 on such premises.

   For the purposes of this definition, "person" includes a natural person or legal entity and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.

2. Legal Interest: Any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the County Recorder.

3. Enforcement officer:Any police officer or City employee or agent of the City designated by the director of any City department who has the authority and responsibility to enforce the provisions of this Code as provided for herein.

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1.10. 030   Administrative citations not a waiver of other remedies.

The procedures established in this chapter may be in addition to any criminal, civil or other legal remedy established by law which may be pursued to address violations of the Municipal Code. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this Code.

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1.10. 040   Code violations subject to administrative penalty procedures.

1. The violations described in the Municipal Code titles, chapters and sections listed hereinbelow are subject to the administrative penalty procedures and other provisions of this chapter 1.10:

   1. Chapter 5.04: Business Licenses Generally
   2. Chapter 6.04: Animals Generally
   3. Chapter 6.16: Retail Sale of Dogs and Cats
   4. Chapter 8.04: Health Code Adopted
   5. Chapter 8.08: Alarm Systems
   6. Chapter 8.12: Garbage Collection and Disposal
   7. Chapter 8.24: Noise Control
   8. Chapter 8.28: Nuisances
   9. Chapter 8.32: Rodent Control
   10. Chapter 8.40: Smoking
   11. Chapter 8.44: Stormwater And Urban Runoff Pollution Control Regulations
   12. Chapter 12.16: Encroachments (streets and sidewalks)
   13. Chapter 12.32: Newsracks
   14. Section 15.04.140: Pedestrian Protection at Building and Demolition Sites
   15. Sections 16.16.070 and 16.16.080: Grease Recovery Systems
   16. Title 17: Zoning
   17. Chapter 8.56: Water Conservation and Drought Management Plan
   18. Chapter 8.60: Water Efficient Landscape. (Ord.. 10-1307 §1, April 13, 2010)

2. Any person who violates the same provision, or fails to comply with the same requirement, of the sections of this Code set forth in paragraph A of this section more than three times within a twelve-month period shall be guilty of a misdemeanor for each violation committed thereafter within that same twelve-month period. Any person who violates or fails to comply with the sections of this Code set forth in paragraph A of this section and who possesses no photo identification or refuses to identify himself/herself to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor.

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1.10. 050   Fines.

1. Any responsible person who receives an Administrative Citation shall be subject to the payment of fines as set out in the penalty schedule for administrative fines as adopted by resolution of the City Council. An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer, and shall be payable directly to the City Treasurer. A portion of each penalty shall constitute reimbursement for the City's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City. In the case of violations of the building, plumbing or electrical codes, an administrative citation shall not be issued until after the responsible party has been provided notice and a reasonable opportunity to correct the violation, and has failed to do so.

2. Failure of any person to pay the fines assessed by an administrative citation may result in the matter being referred for collection which includes but is not limited to the filing of a small claims court action.

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1.10. 060   Contents of citation.

Each administrative citation shall contain the following information:

1. Date, approximate time, and address or definite description of the location where the violation(s) was observed;
2. The Code sections or conditions violated and a description of the violation(s);
3. The amount of the fine for the violation(s);
4. An explanation of how the fine shall be paid and the time period by which it shall be paid;
5. Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;
6. The name and signature of the enforcement officer issuing the citation;
7. If the violation is one which is continuing, an order to correct the violation, the actions needed to correct the violation, and an explanation of the consequences for failing to correct the violation; and
8. The name and address of the responsible person, and a signature line so that the responsible person may acknowledge receipt of the citation.

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1.10. 070   Service of citation.

The following procedures shall be used in serving administrative citations:

1. Personal service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

2. Service of citation by mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

3. By Posting on Property. If the enforcement officer is unable to serve the citation under subsections 1 or 2 preceding, a copy of the citation vment action by the City. Payment of the fine, in the

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1.10. 080   Satisfaction of administrative citation.

Upon receipt of a citation, the responsible person must do one of the following:

1. Pay the fine. Pay the fine to the City within 30 days from the date of the citation. All fines assessed shall be payable to the Hermosa Beach Finance Department. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the City. Payment of the fine, in the absence of a timely request for a hearing pursuant to Section 1.10.090, waives the responsible party's right to the administrative hearing and appeal process;

2. Remedy the Violation.If the violation is of a nature that it can be remedied and is deemed by the enforcement officer to not create an immediate danger to health and safety and was corrected within the time given, no fine shall be imposed; or

3. File an appeal.Appeals shall be filed in accordance with the time limits and other provisions of Section 1.10.090.

In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible party should the violations persist.

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1.10. 090   Appeal of administrative citation.

1. Time to file an appeal.Any responsible person to whom an administrative citation is issued may choose to contest the citation by requesting an administrative hearing within thirty (30) days of service of the citation. In order to request a hearing, the responsible person shall submit in the manner directed on the citation a fully completed request for administrative hearing form along with either a deposit of the full amount of the administrative fine (in cash or by way of a negotiable check) or a notice that an advance deposit hardship waiver request has been filed pursuant to paragraph B of this section 1.10.090. The request for hearing shall be incomplete if it does not include the deposit in the full amount of the fine or the request for a hardship waiver. The deposit will be retained in a non-interest bearing account until the matter is resolved. If a timely and complete request for hearing is not submitted, the citation shall be deemed final, and the fine shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent fine shall not preclude issuance of additional citations to the responsible party should the violation persist.

2. Hardship Waiver. Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as required in paragraph A of this section may file a request for an advance deposit hardship waiver. The request shall be filed with the planning department on an advance deposit hardship waiver application form, available from the department, no later than ten days after service of the administrative citation. The City Manager or his/her designee may issue an advance deposit hardship waiver only if the person requesting the waiver submits to the City Manager or his/her designee a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the City Manager or his/her designee the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. Written proof of financial hardship, at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the responsible person is unable to deposit the penalty. The City Manager or his/her designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be final, and shall be served upon the person requesting the waiver by certified mail postage pre-paid return receipt requested and first class mail. If the City Manager or his/her designee determines that the waiver is not warranted, the person shall remit the full amount of the fine as a deposit within ten days of mailing of the decision. If the full amount of the fine is not deposited within the ten-day period, the request for hearing shall be deemed incomplete and waived, and the citation shall be deemed final. The fine shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt.

3. Dismissal of citation The City Manager may dismiss an administrative citation at any time if it is determined to have been issued in error, in which event any deposit made shall be refunded.

4. Hearing procedure.

   1. The Hermosa Beach City Manager shall designate the hearing officer for the administrative citation hearing.

   2. After receipt of the "request for hearing" and fine deposit (or, if applicable, approval of a hardship waiver) a hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the "request for hearing" is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing by first class mail at least ten days prior to the date of the hearing. The responsible person may request one continuance of the hearing, but in no event may the hearing begin later than 90 days after receipt of the request for hearing from the responsible person. The responsible person may attend the hearing in person or in lieu of attending may submit written argument and documentation under penalty of perjury prior to the time scheduled for the hearing.

   3. Any documentation other than the administrative citation, which the enforcement official has submitted or will submit to the hearing officer, shall be sent to the person requesting the hearing by regular first class mail at least five days before the date on which the hearing is scheduled. The documentation shall also be made available upon request at the time of the hearing

   4. If the responsible person fails to attend the hearing or fails to submit arguments in writing, the administrative hearing officer will render a decision based on the documents that have been received and the responsible person will be deemed to have waived his/her right to an administrative hearing. Under those circumstances, the administrative hearing officer may request additional information from either the responsible person or the enforcement official as may be necessary to render a decision. If service of the administrative hearing is made by posting the citation on real property within the City in which the responsible person has a legal interest, and the responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the responsible person's failure to attend the scheduled hearing, the responsible person shall be entitled to an administrative hearing.

   5. The hearing officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the Municipal Code on the date(s) specified in the administrative citation.

   6. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation of the Code. The administrative citation and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use a preponderance of evidence as the standard of evidence in deciding the issues.

   7. The hearing officer may continue the hearing and request additional information from the issuing officer/employee or the recipient of the administrative citation prior to issuing a written decision.

5. Hearing officer's decision. At the conclusion of the hearing or within fifteen (15) days thereafter, the administrative hearing officer shall render a decision as follows:

   1. Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the fine and penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the City shall retain the fine deposited by the responsible person.

   2. Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser fine than that prescribed in the fine and penalty schedule, or no fine at all, and impose such lesser fine, if any; and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the City shall retain all or a portion of the fine deposited by the responsible person as applicable.

   3. Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the Municipal Code, or that the person cited was not the responsible party. In this event, the City shall refund the deposit, if any, within fifteen (15) days of the decision.

   The administrative hearing officer’s decision shall be in writing, shall explain the basis for the decision, and shall be served upon the responsible party by first class mail, to the address stated on the request for hearing form. If applicable, the order shall set forth the date by which compliance shall be achieved and the imposed fine paid to the City. The order shall be final on the date of mailing, which shall be deemed the “date of service,” and shall notify the responsible person of the right to appeal to the Superior Court, as further described in Section 1.10.100.

6. Collection of unpaid fines. Failure to pay the assessed administrative fine within 15 days or such other time limit set forth in the administrative citation, and/or if the decision of the hearing officer has not been successfully challenged by a timely appeal as provided in section 1.10.100, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Section 8.28.080 of this Code. Alternatively, the matter may be referred for collection, which includes but is not limited to the filing of a small claims court action.

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1.10. 100   Right to judicial review.

Within 20 days after service of the decision of the administrative hearing officer upon the responsible person, he/she may seek review of the decision by filing a notice of appeal with the Superior Court. The responsible person shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer’s decision shall be deemed final.

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1.10. 110   Failure to comply with administrative order.

In the absence of a timely appeal to the Superior Court, failure to comply with a final administrative order directing the abatement of a continuing violation by the date specified in the order is a misdemeanor offense for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the Superior Court pursuant to section 1.10.100, and provided the City prevails thereon, the responsible person shall be guilty of a misdemeanor offense for each day, or any portion thereof, that a continuing violation is maintained or permitted after a court ordered abatement date. Filing a misdemeanor action does not preclude the City from pursuing any other remedies to gain compliance provided in this Code or under state law. For purposes of this chapter, a “continuing violation” shall mean a single, ongoing condition or activity in violation of the Municipal Code.

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