Ordinance 11-10ORDINANCE NO. 2011-10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EASTVALE
ADDING CHAPTER 1.03 TO THE
EASTVALE MUNICIPAL CODE TO PROVIDE
FOR ADMINISTRATIVE CIT AllONS FOR CITY CODE VIOLATIONS
AND SUPERSEDING COUNTY ORDINANCES AND
CODE PROVISIONS ON THIS SUBJECT
THE CITY COUNCIL OF THE CITY COUNCIL OF EASTVALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 1.03: Administrative Citations is added to the City of Eastvale
Municipal Code to read as follows:
CHAPTER 1.03 ADMINISTRATIVE CITATIONS
Sections
1.03.010
1.03.020
1.03.030
1.03.040
1.03.050
1.03.060
1.03.070
1.03.080
1.03.090
1.03.100
1.03.110
1.03.120
1.03.130
1.03.140
1.03.150
Applicability
Definitions
Administrative citations
Procedure for serving administrative citation
Amount of fine
Payment of Fine
Hearing request
Advance deposit hardship waiver
Hearing Officer
Hearing procedure
Hearing Officer's decision
Late Payment charges
Recovery of administrative citation fines and costs
Right to judicial review
Notices
1.03.010 Applicability.
(a) This Chapter provides for administrative citations in addition to all other legal
remedies, criminal or civil, which may be pursued by the City to address any violation of this
Code.
(b) The administrative citations process applies to any violation of this Code and
continuing violations of this Code that pertain to building, plumbing, electrical, or other similar
structural or zoning issues that do not create an immediate danger to health or safety and when
notice of such violation and time to correct the violation has been given.
(c) Use of this Chapter shall be at the sole discretion of the City, as determined by
the City Manager or Code Enforcement Administrator.
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1.03.020 Definitions.
The following words and phrases shall have the meanings set out here when used in this
section.
(a) "City" means the City of Eastvale.
(b) "Enforcement Officer" means the City Manager or Code Enforcement
Administrator or the designee of either.
(c) "Legal interest" means any interest that is represented by a deed of trust,
quitclaim deed, mortgage, judgment lien, tax of assessment lien, mechanic's lien or other similar
instruction, which is recorded with the county recorder.
(d)
citation.
"Cited party" means a responsible person who has been issued an administrative
(e) "Responsible person" means any person whom an Enforcement Officer
determines is responsible for causing or maintaining a violation of the Code. The term
"responsible person" includes but is not limited to a property owner, tenant, person with a legal
interest in real property, or person in possession of real property.
(f) "Date of the Administrative Citation" means the effective date of service of the
administrative citation pursuant to the requirements set forth in this Chapter.
(g) "Hearing Officer" means the person or contracted company designated by the
City to determine the validity of the violation stated on the citation.
1.03.030 Administrative Citation and Content.
An administrative citation may be issued by an Enforcement Officer to any responsible
person violating any section of this Code. The administrative citation shall contain all of the
following information:
(a) The date, location and approximate time the violation occurred.
(b) If the violation is one subject to correct (such as ongoing violations of the zoning
code and the building, plumbing, and electrical codes) the time within which to remedy the
violation.
(c) The Code section violated and a description of how it was violated.
(d) The amount of the fine imposed and the time and method for payment.
(e) An order prohibiting another occurrence of the violation.
(f) A description of the administrative citation review process, including the time to
contest the citation and the manner in which to do so by obtaining a request for hearing form.
(g) The name and signature of the citing enforcement officer.
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1.03.040 Procedure for serving administrative citation.
The Enforcement Officer may issue an administrative citation, on a form approved by the
City Manager, to a responsible person, by service on that responsible person. If the responsible
person is an individual, he/she shall be served with the citation.
(a) If the responsible person is a corporation, the Enforcement Officer shall attempt
to locate any one of the following individuals and issue to that individual an administrative
citation: the president or other head of the corporation, vice-president, a secretary or assistant
secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the
corporation to receive service of process in a civil action. If the office address of any of the
above-listed individuals is known to the City, a copy of the administrative citation also shall be
mailed to one of those individuals by certified mail, postage prepaid, return receipt requested.
Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is
returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the
notice that was sent by regular mail is not returned.
(b) If the responsible person is a business other than a corporation, the Enforcement
Officer shall attempt to locate the business owner and issue the business owner an
administrative citation. If the Enforcement Officer can locate only the manager of the business,
the administrative citation may be given to the manager of the business. If the address of the
business is known, a copy of the administrative citation also shall be mailed to that address to
the attention of the business owner or a responsible person. The mailing shall be sent by
certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may
be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall
be deemed effective pursuant to a regular mail, provided the notice that was sent by regular
mail was not returned.
(c) The Enforcement Officer shall attempt to obtain on the administrative citation the
signature of the responsible person, or in cases in which the responsible person is a corporation
or business, the signature of the person served with the administrative citation. If a responsible
person or persons served refuses or fails to sign the administrative citation, the failure or refusal
to sign shall not affect the validity of the citation or of subsequent proceedings.
(d) If the Enforcement Officer is unable to locate a responsible person for the
violation, the administrative citation shall be mailed to the responsible person by certified mail,
postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by
regular mail. If a notice sent by certified mail is returned unsigned, then service shall be
deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is
not returned.
(e) If the Enforcement Officer does not succeed in serving the responsible party
personally, or by certified mail or regular mail, the Enforcement Officer shall post the
administrative citation on any real property within the City in which the City has knowledge that
the responsible party has a legal interest, and such posting shall be deemed effective service.
(f) If the Enforcement Officer does not succeed in serving the responsible party
personally, by certified mail or regular mail, and the City is not aware that the responsible party
has a legal interest in any real property within the City, the Enforcement Officer shall cause the
administrative citation to be published once a week for four ( 4) successive weeks in a local
newspaper published at lease once a week. Service shall be deemed effective upon completion
of the fourth week of publication.
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1.03.050 Amount of Fine.
Administrative fines shall be set forth in a schedule adopted by resolution of the City
Council, which shall include the amount of any late payment charges and shall specify any
increased fines for repeat violations of the same Code provisions by the same responsible
person within twelve (12) months from the date of an administrative citation.
1.03.060 Payment of Fine.
(a) The fine shall be paid and made payable to the City within 21 days from the date
of the administrative citation. In the case of ongoing violations of the zoning code and the
building, plumbing, and electrical codes, the fine shall be paid and made payable to the City
upon the expiration date of the time within which to remedy the violation as set forth in the
citation and such violation has not been corrected.
(b) Any administrative citation fine paid pursuant to this Section shall be refunded in
accordance with this Chapter 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.
(c) Payment of a fine under this Chapter shall not excuse or discharge any
continuation or repeated occurrence of the Code violation that is the subject of the
administrative citation.
1.03.070 Hearing Request.
(a) A cited party may contest that there was a violation of the Code or that he or she
is the responsible party by completing a request for hearing and returning it to the City within
twenty (20) days from the date of the administrative citation, together with an advance deposit of
the fine or notice that a request for an advance deposit hardship waiver has been filed.
(b) A request for hearing form may be obtained from the City Clerk.
(c) The cited party requesting the hearing shall be notified of the time and place set
for the hearing at least ten (1 0) days prior to the date of the hearing.
(d) If the Enforcement Officer submits an additional written report concerning the
administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this
report shall also be served on the person requesting the hearing at least five (5) days prior to
the date of the hearing.
1.03.080 Advance Deposit Hardship Waiver.
(a) A cited party who intends to request a hearing to contest that there was a
violation of the Code or that he or she is the responsible party and who is financially unable to
make the advance deposit of the fine may file a request for an advance deposit hardship waiver.
(b) The request shall be filed with the City Clerk on an advance deposit hardship
waiver application form, available from the City Clerk, within ten (1 0) days of the date of the
administrative citation.
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(c) The requirement of depositing the full amount of the fine shall be stayed unless
or until the City Clerk, or designee makes a determination not to issue the advance deposit
hardship waiver.
(d) The City Clerk, or designee may waive the requirement of an advance deposit
and issue the advance deposit hardship waiver only if the cited party submits to the City Clerk a
sworn affidavit, together with any supporting documents or materials, demonstrating to the
satisfaction of the City Clerk the person's actual financial inability to deposit with the City the full
amount of the fine in advance of the hearing.
(e) If the City Clerk determines not to issue an advance deposit hardship waiver, the
person shall remit the deposit to the City within ten (10) days of that decision or thirty (30) days
from the date of the administrative citation, whichever is later.
(f) The City Clerk shall issue a written determination listing the reasons for his or her
determination to issue or not issue the advance deposit hardship waiver. The written
determination of the City Clerk shall be final.
(g) The written determination of the City Clerk shall be served upon the person who
applied for the advance deposit hardship waiver.
1.03.090 Hearing Officer.
The City Manager shall designate the Hearing Officer or the contracted company for the
administrative hearing. The Hearing Officer shall not be a City employee and his or her
compensation shall not be conditioned upon whether or not administrative citations are upheld.
1.03.100 Hearing Procedure.
(a) No hearing to contest an administrative citation before a Hearing Officer shall be
held unless the fine has been deposited in advance or an advance deposit hardship waiver has
been issued.
(b) A hearing before the Hearing Officer shall be set for a date that is not less than
fifteen (15) days and not more than forty-five (45) days from the date that the request for
hearing is filed in accordance with the provisions of this Chapter.
(c) At the hearing, the cited party shall be given the opportunity to testify and to
present evidence concerning the administrative citation. Administrative hearings are informal,
and formal rules of evidence and discovery do not apply. Evidence shall be relevant to the
issues to be decided. 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. The citation and any additional documents
prepared by the City in connection with the violation(s), are prima facie evidence of the violation.
The enforcement officer who issued the citation may participate in the hearing. The Hearing
Officer shall use preponderance of the evidence as the standard of proof in deciding the issues.
Evidence shall be submitted under penalty of perjury.
(d) The failure of the cited party to appear at the administrative citation hearing shall
constitute a forfeiture of the fine and a failure to exhaust administrative remedies. The Hearing
Officer shall then dismiss the challenge to the administrative citation and shall mail a written
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notice to that effect to the cited party. The advance deposit shall then become the property of
the City.
(e) The Hearing Officer may continue the hearing and request additional information
from the Enforcement Officer or the cited party prior to issuing a written decision.
1.03.110 Hearing Officer's Decision.
(a) After considering all of the testimony and evidence submitted at the hearing, the
Hearing Officer shall issue a brief written decision to uphold or cancel the administrative citation
that gives the reasons for that decision. The decision of the Hearing Officer shall be final.
(b) 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.
(c) If the Hearing Officer determines that the administrative citation should be upheld
and the fine has not been deposited pursuant to an advance deposit hardship waiver, the
Hearing Officer shall set forth in a decision a payment schedule for the fine.
(d) 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.
(e) The cited party shall be served with a copy of the Hearing Officer's written
decision in the same manner as notices set forth in Section 1.03.150.
1.03.120 Late Payment Charges.
Any person who fails to pay to the City any fine imposed pursuant to the provisions of
this Chapter on or before the date that fine is due, also shall be liable for the payment of any
applicable late payment charges as set forth in the schedule of the fines.
1.03.130 Recovery of Administrative Citation Fines and Costs.
The City may collect any past due administrative citation fine, Code violation abatement
costs, late payment charges and any and all other amounts, including attorneys' fees, legally
available by use of all available legal means. Commencement of an action to collect a
delinquent fine shall not preclude issuance of one or more additional citations to the cited party
if the violation or violations exist after the date for correcting them.
1.03.140 Right to Judicial Review.
A cited party who objects to the Hearing Officer's administrative decision and/or order
may obtain review of the administrative citation by filing an appeal with the Superior Court in
Riverside County in accord with Section 53069.4 of the California Government Code. Such
appeal must be filed within twenty (20) days after mailing or personal service of the
Administrative Order to the cited party. The cited party shall within ten (1 0) days of filing a notice
of appeal with the Superior Court serve upon the City Clerk either in person or by first-class mail
a copy of the notice of appeal. The Administrative Order shall be final on the date it is served
on the cited party.
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Ordinance No. 2011-10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Judy L. Haughney, INTERIM CITY CLERK OF THE CITY OF EASTVALE, DO HEREBY
CERTIFY that the foregoing Ordinance Number 2011-10 was duly and regularly adopted by the
City Council of the City of Eastvale at a regular meeting held the 25 1h day of May, 2011, by the
following vote:
AYES:council Members Howell, Welch, Bootsma, Mayor Pro Tern
DeGrandpre, and Mayor Rush
NOES: No
ABSENT: No
ABSTAIN: No
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