ORD 379 ORDINANCE NO. 379
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADDING CHAPTER 1.09 TO TITLE I OF THE
MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS
WHEREAS, the City of La Quinta seeks to maintain and enhance the property
values of its citizens whenever possible, and;
WHEREAS, properties maintained in conformance with of the Municipal Code
will help to achieve that goal, and;
WHEREAS, an administrative citation program has proven to be an effective
compliance tool in many California jurisdictions,
NOW, THEREFORE, The City Council of the City of La Quinta, California,
does hereby ordain as follows:
SECTION 1: That Title 1, Chapter 1.09 is hereby adopted to read as follows:
CHAPTER 1.09
ADMINISTRATIVE CITATION
SECTIONS:
1.09.005 Scope
1.09.010 Definitions
1.09.020 Authority
1.09.030 Service Procedures
1.09.040 Contents of Notice
1.09.050 Satisfaction of Administrative Citation
1.09.060 Appeal of Administrative Citation
1.09.070 Hearing Officer
1.09.080 Hearing Procedures
1.09.090 Administrative Order
1.09.100 Failure to Pay Fines
1.09.110 Right to Judicial Review
1.09.120 Notices
Ordinance No. 379
Chapter 1.09 / Administrative Citation
Adopted: December 3, 2002
Page 2
1.09.005 Scope
The procedures established in this Chapter shall supplement and be in
addition to any criminal, civil or other remedy established by law or under the
provisions of this Code which may be pursued to address any violation addressed in
this Chapter. Use of the enforcement procedures set forth in this Chapter shall be
at the sole discretion of the City.
1.09.010 Definitions
For the purposes of this chapter:
A. The term "responsible person" means any natural person, the parent
or the legal guardian of any natural person under the age of eighteen (18) years,
any corporation, association, organization, estate, group, combination acting as a
group, or any officer, agent, employee, or servant of any of the foregoing, that
cause or maintain a violation(s) of the La Quinta Municipal Code, any Code adopted
by the City Council, applicable State laws or condition imposed by any entitlement,
permit, agreement or environmental document issued or approved under the
provisions of this Code or any adopted Code.
B. The term "Enforcement Officer" means any individual employed or
otherwise charged by the City to enforce codes, ordinances, mandates, regulations,
resolutions, rules or other laws adopted by the City.
C. The term "issued" means giving, mailing or posting a Notice of
Administrative Citation to a responsible person. A Notice of Administrative Citation
is deemed "issued" on the date when the notice is personally served on the
responsible person, the date of mailing or the date of posting.
1.09.020 Authority
A. Any person or entity violating any provision of the La Quinta Municipal
Code or applicable State law may be issued an Administrative Citation by an
Enforcement Officer as provided in this Chapter. A violation of this Code includes,
but is not limited to, all violations of the Municipal Code or other Codes adopted by
the City Council, or failure to comply with any condition imposed by any
entitlement, permit, agreement or environmental document issued or approved
under the provisions of this Code or any adopted Code.
Ordinance No. 379
Chapter 1.09 / Administrative Citation
Adopted: December 3, 2002
Page 3
B. Each and every day a violation of the Municipal Code or applicable
State law exists constitutes a separate and distinct offense and shall be subject to
Citation.
C. A civil fine shall be assessed by means of an Administrative Citation
issued by an Enforcement Officer and shall be payable as instructed on the
Administrative Citation.
D. Fines shall be assessed in the amounts specified by ordinance of the
City Council, and shall not exceed the following:
(1) A fine not exceeding one hundred dollars ($100.00) for a first
violation;
(2) A fine not exceeding two hundred dollars ($200.00) for a second
violation of the same ordinance or permit within one year from the
date of the first violation; and
(3) A fine not exceeding five hundred dollars ($500.00) for each additional
violation of the same ordinance or permit within one year from the
date of the first violation.
1.09.030 Service Procedures
A. An Administrative Citation may be issued by an Enforcement Officer
to the responsible person for violation(s) of the Municipal Code, any Code adopted
by the City Council or any applicable State law in the following manner.
(1) Personal Service. In any case where an Administrative Citation is
issued:
i. 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.
ii. If the responsible person served fails or refuses to sign the
Administrative Citation, the failure or refusal to sign shall not
affect the validity of the Administrative Citation or of
subsequent proceedings.
Ordinance No. 379
Chapter 1.09 / Adminlatrative Citation
Adoptad: December 3, 2002
Page 4
B. 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 return receipt requested.
Simultaneously, the citation may be sent by first class mail, Service shall be
deemed complete at the time the citation is deposited in the mail if addressed to
the responsible person's last known address,
C. Service of Citation by Posting Notice. If the Enforcement Officer does
not succeed in serving the responsible person personally or by certified or first class
mail, and the City has knowledge that the responsible person has a legal interest in
real property located in the City, the Enforcement Officer shall post the
Administration Citation on said real property and such posting shall be deemed
effective service.
1.09.040 Contents of Notice
A. Each Administrative Citation shall contain the following information:
(1) Date and approximate time of the violation(s);
(2) Address or definite description of the location where the
violation(s) was observed;
(3) Name and current residential address and mailing address, if
known, of person or entity alleged to have committed the
violation(s);
(4) The Code section(s) or condition(s) violated and a brief
description of the violation(s);
(5) The amount of the fine for the violation(s);
(6) An explanation of how the fine shall be paid and the time period
by which it shall be paid;
(7) Identification of appeal rights, including the time within which
the Administrative Citation may be contested and how to obtain
a Request for Hearing form to contest the Citation; and
Ordinance No. 379
Chapter 1.09 / Administrative Citation
Adopted: December 3, 2002
Page 5
(8) The name and signature of the Enforcement Officer and, if
possible, the signature of the responsible person.
1.09.050 Satisfaction of Administrative Citation
A. Upon receipt of a Citation, the responsible person must do the
following:
(1) Pay the fine within fifteen (1 5) calendar days from the date the
Administrative Citation is issued. Responsible persons shall pay
all fines assessed as instructed on the Administrative Citation.
Payment of a fine shall not excuse or discharge the failure to
correct the violation(s) nor shall it bar further enforcement
action by the City. If the responsible person fails to correct the
violation(s) subsequent to the Administrative Citation, the City
may issue further Citations for the same violation(s) or the City
may choose to utilize another means of enforcement. The
amount of the fine for failure to correct the violation(s) for each
additional occurrence shall increase at a rate specified in this
Chapter or by Ordinance.
1.09.060 Appeal of Administrative Citation
A. Any recipient of an Administrative Citation may contest that there was
a violation(s) of the La Quinta Municipal Code or that he or she is the responsible
person by completing a Request for Hearing form and returning it to the address
stated on the form within fifteen (1 5) calendar days from the issue date of the
Administrative Citation, together with an advanced deposit of the full amount of
the fine. Any Administrative Citation fine which has been deposited shall be
refunded if it is determined, after a hearing, that the person or entity charged in the
Administrative Citation was not responsible for the violation(s) or that there was no
violation(s) as charged in the Administrative Citation.
1.09.070 Hearing Officer
A. The Director of Building and Safety shall appoint a person or contract
an agency to provide a person who shall preside at the hearing and hear all facts
and testimony presented and deemed appropriate ("Hearing Officer").
Ordinance No. 379
Chapter 1.09 / Administrative Citation
Adopted: December 3, 2002
Page 6
B. The employment, performance, evaluation, compensation, and
benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned
on or in any way related to the results of prior decisions issued by said Hearing
Officer.
C. Any person designated to serve as a Hearing Officer is subject to
disqualification for bias, prejudice, interest or for any other reason for which a
judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The
responsible person may challenge the Hea~ing Officer's impartiality by filing a
statement with the City's Director of Building and Safety or the City's designee
objecting to the Hearing Officer and setting forth grounds for disqualification. The
question of disqualification shall be heard and determined in writing by the City's
designee within ten (10) calendar days following the date which the disqualification
statement is filed.
1.09.080 Hearing Procedure
A. No hearing to contest an Administrative Citation before a Hearing
Officer shall be held unless both a Request for Hearing form has been completed
and submitted and the fine for the Citation has been deposited in advance.
B. A hearing before the Hearing Officer shall be set for a date that is not
less than fifteen (15) calendar days but no more than ninety (90) calendar days
from the date that the Request for Hearing is filed in accordance with the
provisions of this Chapter. The responsible person requesting the hearing shall be
notified of the time and place set for the hearing at least ten (10) calendar days
prior to the date of the hearing.
C. The Hearing Officer shall only consider evidence that is relevant to
whether the violation(s) occurred and whether the recipient of the Administrative
Citation has caused or maintained the violation(s) of the Municipal Code or other
applicable State law on the date(s) specified on the Administrative Citation.
D. The Administrative Citation and any additional documents submitted
by an Enforcement Officer shall constitute prima facie evidence of the facts
contained in those documents.
E. 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 by mail on the
responsible person requesting the hearing at least ten (10) calendar days prior to
the hearing date.
Ordinance No, 379
Chapter 1.09 / Administrative Citation
Adopted: December 3, 2002
Page 7
F. At least ten (10) calendar days prior to the hearing, the recipient of an
Administrative Citation shall be provided with copies of the citations, reports, and
other documents submitted or relied upon by the Enforcement Officer. Personal
information regarding a reporting party, if any, shall not be disclosed. No other
discovery is permitted. Formal rules of the California Evidence Code and discovery
shall not apply, except that irrelevant and unduly repetitious evidence may be
excluded at the Hearing Officer's discretion.
G. The Hearing Officer may continue the hearing and request additional
information from the Enforcement Officer or the recipient of the Administrative
Citation prior to issuing a written decision.
H. The failure of a recipient of an Administrative Citation to appear at the
Administrative Citation hearing shall constitute forfeiture of the fine and a failure to
exhaust Administrative remedies.
1.09.090 Administrative Order
A. Within ten (10) working days of the hearing's conclusion, the Hearing
Officer shall provide the responsible person with a decision in writing
("Administrative Order"). The Hearing Officer shall provide the responsible person
with the Administrative Order by personal service or registered or certified mail to
the responsible person's last known address.
B. The Hearing Order shall contain the Hearing Officer's findings of fact
and conclusions and a statement regarding the procedure described in Section
1.09.110 for seeking judicial review. The decision of the Hearing Officer shall be
final except as provided for in Section 1.09.110.
C. A decision in favor of the responsible person shall constitute a
dismissal of the Municipal Ordinance violation(s). If the Hearing Order renders a
decision in favor of the responsible person, the City shall return any monies paid by
the responsible person towards the dismissed Administrative Citation.
D. If the Hearing Officer renders a decision in favor of the City, the
responsible person must comply with the Administrative Order, or seek judicial
review of the Administrative Order pursuant to Section 1.09.110.
Ordinance No. 379
Chapter 1.09 / Administrative Citation
Adopted: December 3, 2002
Page 8
1.09.100 Failure to Pay Fines
A. The failure of any person or entity to pay the civil fines assessed by an
Administrative Citation may result with the City pursuing any and all legal remedies
to collect the civil fines. The City may also move to recover its collection costs
according to proof.
1.09.110 Right to Judicial Review
A. Any person' or entity aggrieved by an Administrative Order of a
Hearing Officer on an Administrative Citation may obtain review of the
Administrative Order by filing a petition seeking review with the Superior Courts of
California, County of Riverside in accordance with the statutes of limitations and
provisions set forth in California Government Code Section 53069.4.
1.09.120 Notices
A. The Administrative Citation and all notices to be given by this Chapter
shall be served on the responsible person in accordance with the provisions of this
Chapter and Section 1.01.300 of the La Quinta Municipal Code, where applicable.
B. Failure to receive any notice specified in this Chapter shall not affect
the validity of any proceeding conducted hereunder.
SECTION 2: EFFECTIVE DATE.
This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 3: POSTING. The City Clerk shall, within 15 days after passage
of this Ordinance, cause it to be posted in at least three public places designated
by resolution of the City Council, shall certify to the adoption and posting of this
Ordinance; and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held this 3rd day of December, 2002, by the following vote:
Ordinance No. 379
Chapter 1.09 / Administrative Citation
Adopted: December 3, 2002
Page 9
AYES: Council Members Henderson, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: One Vacancy
DON Ab6LF -I , Mayor
City of La Quinta, California
ATTEST:
'(~REEK, CMC,-'~ty Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
. K~ATH'EF{INE JENSON,,~y Attorney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true and correct copy of Ordinance No. 379 which was
introduced at a regular meeting held on the 19th day of November, 2002, and was
adopted at a regular meeting held on the 3"d day of December, 2002, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in a Resolution of the City Council.
JUNE ~'. GREEK, CMC, City Clerk
City of La Quinta, California