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HomeMy WebLinkAboutNS-2423 - Municipal Code to Establish an Administrative Citation Program as an Alternative Enforcement Program for Violations of the Santa Ana Municipal Code41 ORDINANCE NO. NS-2423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 1-8 AND ADDING SECTIONS 1-21.1 THROUGH 1-21.9 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH AN ADMINISTRATIVE CITATION PROGRAM AS AN ALTERNATIVE ENFORCEMENT PROGRAM FOR VIOLATIONS OF THE SANTA ANA MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: Findings. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: It is imperative to secure compliance with all provisions of the Santa Ana Municipal Code. Such compliance is a matter of local concern and serves important public purposes; Bo The City Council hereby finds that there is a need for alternative methods of enforcement for violations of the Santa Ana Municipal Code. The City Council further finds that an appropriate method of enforcement for some violations is an Administrative Citation Program as authorized by Government Code Section 53069.4 and as consistent with the City of Santa Ana's power as a Charter City; and The following amendments are designed to offer alternative enforcement methods to ensure immediate compliance with all provisions of the Municipal Code; and E. Adoption of an Administrative Citation Program will achieve the following goals: (1) To protect the public health, safety and welfare of the citizens of the City of Santa Ana; (2) To gain compliance with the Municipal Code in a timely and efficient manner; (3) To provide for an administrative procedure to appeal the imposition of Administrative Citations and fines; (4) To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Municipal Code in the City of Santa Ana; and Ordinance No. NS-2423 Page 1 of 8 42 (5) To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system. SECTION 2: Santa Ana Municipal Code section 1-8 is hereby amended, by adding a paragraph relating to alternative enforcement method, to read as follows: Sec. 1-8. Violations-General penalty; continuing violations; adjudging fines and imprisonment; alternative enforcement. Unless otherwise specifically stated in this Code it shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this Code and where no specific penalty is provided therefor in this Code, the violation of any provision of this Code shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. Each day any violation of any provision of this Code shall continue shall constitute a separate offense. As an alternative enforcement method, violations of this Code may be addressed through the use of an Administrative Citation as set forth in sections 1-21.1 through 1- 21.9. Use of sections 1-21.1 through 1-21.9 shall not prevent the use of other methods of enforcement or abatement as provided by this Code. Such methods include but are not limited to criminal and civil actions. SECTION 3: Sections 1-21.1 through 1-21.9 are hereby added to the Santa Ana Municipal Code to read as follows: Sec. 1-21. Violations--Administrative Citations Sec. 1-21.1. Definitions: (a) 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. Ordinance No. NS-2423 Page2 of 8 43 (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 of such premises. For the 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; (b) Enforcement officer: Any Police officer or City employee or agent of the City of Santa Ana designated by the Director of any City department which has the authority and responsibility to enforce provisions as set forth in sections 1-18 through 1-18.4 of this code. Sec. 1-21.2. Use of the Administrative Citation: The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code. The use of the Administrative Citation in place of other remedies shall be at the sole discretion of the enforcement officer. Issuance of an Administrative Citation shall not be deemed a waiver of any other enforcement remedies found within this Code. Sec. 1-21.3. Fines: Any responsible person who receives an Administrative Citation shall not be required to pay a fine in excess of the following: (1) One hundred dollars ($100.00) for a first issued administrative citation; (2) Two hundred dollars ($200.00) for a second issued administrative citation for a violation of a same ordinance within a twelve (12) consecutive month period; and (3) Five hundred dollars ($500.00) for any subsequent issued administrative citation for violations of the same ordinance within a twelve (12) consecutive month pedod. The failure of any person to pay the civil 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. Sec. 1-21.4. Waiver of Fine: If an Administrative Citation is issued for a violation which is continuing and pertains to building, plumbing, electrical, or other similar structural or zoning issues and which does not create an immediate danger to health and safety, a reasonable period of time shall be given to the responsible party to correct the violation. If the violation is remedied pdor to the expiration of the correction period no fine shall be imposed. Sec. 1-21.5. Contents of Citation: Each Administrative Citation shall contain the following information: Ordinance No. NS-2423 Page 3 of 8 44 (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 pedod by which it shall be paid; (5) Identification of dghts of appeal, including the time within which the Citation may be contested and the place to obtain a Request for Headng form to contest the Administrative Citation; (6) The name and signature of the enforcement officer issuing the citation; and (7) If the violation is one which is continuing, an order to correct the violation and an explanation of the consequences for failing to correct the violation. Sec. 1-21.6. Service Procedures: In any case where an Administrative Citation is issued: (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 tails 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 racaipt. 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 retumad. Sec. 1-21.7. Setisfaction of the Administrative Citation: Upon receipt of a Citation, the responsible person must do the following: (1) Pay the fine to the City within fifteen (15) days from the date of the citation. All fines assessed shall be payable to the Santa Ana Finance Department. Payment of a fine shall not excuse or discharge a failure to Ordinance No. NS-2423 Page 4 of 8 45 (2) Sec. 1-21.8. (1) (2) (3) (4) correct continuing violations nor shall it bar further enforcement action by the City. If the violation was one which pertained to building, plumbing, electrical, or other similar structural or zoning issues and did not create an immediate danger to health and safety and was corrected within the time given no fine shall be imposed. If the responsible person fails to correct such violation all fines must be paid within fifeen (15) days of the correction date and subsequent Administration Citations may be issued for the same violation. Appeal of the Administrative Citation: Time to file an appeal. Any recipient of an Administrative Citation may contest that there was a violation of the Santa Ana Municipal Code or that he or she is the responsible person by completing a Request for Headng form and returning it to the City within fifteen (15) days from the date the Administrative Citation is served or deemed to have been served, together with an advanced deposit of the fine. Such Request for Hearing forms shall be made available at no charge by the Planning and Building Agency. A failure to file a timely Request for Headng shall be deemed a waiver of the dght to appeal the citation and to seek judicial review. Return of deposit. Any Administrative Citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the Administrative Citation was not responsible for the violation or that there was no violation as charged in the Administrative Citation. Hearing Officer. The Santa Ana City Manager shall designate the hearing officer for the Administrative Citation hearing. Hearing preocedure. (a) No hearing to contest an Administrative Citation before a hearing officer shall be held unless and until a timely Request for Hearing form has been completed and submitted, and, the fine has been deposited in advance. (b) After receipt of the Request for Hearing and fine deposit, a hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this Chapter. The person requesting the hearing shall be notif'~:l of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The failure of any recipient of an Administrative Ordinance No. NS-2423 Page 5 of 8 46 (c) (d) Citation to appear at the hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the hearing officer decision based upon a failure to exhaust administrative remedies. 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) specit'~d in the Administrative Citation, The responsible person contesting the Administrative Citation shall be given the opportunity to testify and present witnesses and evidence concerning the Administrative Citation. (5) (6) (e) The Administrative Citation and any additional document submitted by the issuing officer/employee shall constitute prima facie evidence of the respective facts contained in those documents. Formal rules of evidence shall not apply. Upon request, the recipient of an Administrative Citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation. In addition, if the issuing officer/employee submits any additional wdtten reports conceming the Administrative Citation to the hearing officer for consideration at the hearing, then a copy of said documentation also shall be served by mail on the person requesting the hearing. (g) 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. Hearing Officer's Decision. After considering all of the testimony and evidence submitted at the hearing, the hearing officer may immediately issue a verbal decision or may issue a written decision within ten (10) days of the hearing. The decision shall include the reasons for the decision and such decision shall be final. If the hearing officer determines that the Administrative Citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. If the hearing officer determines that the Administrative Citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine. Collection of Unpaid Fines. Failure to pay the assessed administrative fine within fifteen (15) days or such other time limit set forth in the Administrative Citation, and/or has not been successfully challenged by a Ordinance No. NS-2423 Page 6 of 8 47 timely appeal as provided in Section 1-21 (i), 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 Chapter 17, Article III 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. Sec. 1-21.9. R~qht to Judicial Revie~ Any person who is aggrieved by the decision of the Hearing Officer may obtain judicial review of such decision by filing an appeal to be heard in the Superior Court of California, County of Orange within twenty (20) days of the decision or service thereof. Such appeal shall be filed in the Central Justice Center located at 700 Civic Center Drive, Santa Ana, California and shall be completed pursuant to 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 Santa Ana (Attention: City Attorney)." If the court finds in favor of the contestant the amount of the filing fee, not to exceed twenty-five ($25.00), as well as any fine deposit shall be paid to the contestant by the City of Santa Ana. No other fees or costs shall be paid unless ordered by the court. ADOPTED this 17th day of April ,2000. Clerk of the Council MM~y~orl A. Pu~do COUNClLMEMBERS: Pulido Ave Lutz Aye Bist Ave Christy Aye Franklin Ave McGuigan Aye M0ren0 Not Voting APPROVED AS TO FORM: J~e~:)h W. Fletcher, City Attorney Paula J. Col~..~an Deputy City Attorney Ordinance No. NS-2423 Page 7 of 8 48 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange City of Santa Ana I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2423 to be thet;~riginsi ordinance adopted by the City Council of the City of Santa Ana on z///'/7/'~ ~ ; and that said ordinance was published in accordance with the Cl~arter'of the City of Santa Ana. Clerk of the Council City of Santa Ana Ordinance No. NS-2423 Page 8 of 8