HomeMy WebLinkAbout98-04 CC OrdinanceORDINANCE NO. 98-04
AN ORDINANCE OF THE crrY OF TEMECULA
ESTABLISHING ADMINISTRATIVE PROCEDURES
AND PENALTIES FOR VIOLATIONS OF THE
TEMECULA MUNICIPAL CODE AND AMENDING
THE TEMECULA MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 1.21 of Title I of the Temecula Municipal Code is added to read
as follows:
"CHAFFER 1.21. ADMINISTRATIVE PENALTIES -- CITATIONS.
Sec. 1.21.010. Scope. This Chapter provides for administrative remedies for any
violation of this Code, which remedies may be pursued in lieu of any other legal remedy, criminal
or civil, which may be pursued by the City to address any violation of this Code. The City
Attorney, City Prosecutor, or their assistants, have sole discretion to determine whether a violation
will be prosecuted criminally. If a violation is not criminally prosecuted, the City may proceed
with administrative proceedings pursuant to this Chapter.
Sec. 1.21.020. Definitions. The following words and phrases, when used in the context
of this Chapter, shall have the following meanings:
(a) Enforcement Official -- Any person authorized to enforce the provisions of the
Temecula Municipal Code.
Co) 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.
(c) Responsible Person -- Any person whom an Enforcement Official 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.
Sec. 1.21.030. Administrative Citation. Any person violating any section of this Code
that is subject to this Chapter may be issued an administrative citation by an
Enforcement Official as provided in this Chapter.
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Sec. 1.21.040. Content of Administrative Citation. An administrative citation shall
contain all of the following information:
(a) The date and location of the violation and the approximate time the violation occurred.
(b) The Code section violated and a description of how the section was violated.
(c) The amount of the fine imposed for the violation, and the time within which and the
place at which the fine shall be paid.
(d) An order prohibiting another occurrence of the Code violation.
(e) A description of the administrative citation review process, including the time within
which to contest the administrative citation and the place from which to obtain a Request for
Hearing Form to contest the administrative citation.
(f) The name and signature of the citing Enforcement Official.
Sec. 1.21.050. Procedure for Serving Administrative Citation. An Enforcement
Official may issue an administrative citation, on a form approved by the City Manager, to a
Responsible Person, as follows:
(a) If the Responsible Person is a corporation, the Enforcement Official 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, a 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
Official shall attempt to locate the business owner and issue the business owner an administrative
citation. If the Enforcement Official 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 regular mail, provided the notice that was sent by regular mail is not returned.
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(c) The Enforcement Official 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 person 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 Official 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 Official does not succeed in serving the Responsible Party
personally, or by certified mail or regular mail, the Enforcement Official 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 Official 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 Official shall
cause the administrative citation to be published once a week for four successive weeks in a local
newspaper published at least once a week.
Sec. 1.21.060. Administrative Fine. The fine imposed pursuant to this Article for a
particular violation shall be in the amount set forth in the Administrative Citation Schedule
established by resolution of the City Council. The Administrative Citation Schedule shall specify
the amount of any late payment charges imposed for failure to timely pay the fine.
Sec. 1.21.070. Payment of Administrative Fine. The administrative free shall be paid to
the City within thirty (30) days from the date of service of the administrative citation. If, after
a hearing requested pursuant to Section 1.21.080, the Hearing Offacer determines that the
administrative citation should be canceled, the administrative free shall be refunded in
accordance with Section 1.21.150.
Sec. 1.21.080. Request for Administrative Hearing. Any Responsible Person to whom
an administrative citation is issued may contest the citation no later than thirty (30) days from the
date of service of the administrative citation by:
(1)
(2)
completing a Request for Hearing Form and returning it to the City; and
either depositing the administrative fine with the City or providing notice that a request for
an Advance Deposit Hardship Waiver has been filed pursuant to Section 1.21.090.
A Request for Hearing Form may be obtained from the d~ent specified on the administrative
Ords\98-04 3
citation. The person requesting the hearing shall be notified by certified mail, return receipt, of
the time and place of the hearing at least ten (10) days before the date of the hearing. Any
documentation, other than the administrative citation, which the Enforcement Official has
submitted or will submit to the Hearing Officer shall be served on the person requesting the
hearing by certified mail, return receipt, at least five (5) days before the date of the hearing.
See. 1.21.090. Advance Hardship Waiver Deposit. 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 Section 1.21.080 may file a request for an Advance Deposit
Hardship Waiver. The request shall be filed with the Department of Finance on an Advance
Deposit Hardship Waiver application form, available from the deparUnent, no later than thirty (30)
days after service of the administrative citation. The Director of Finance may issue an Advance
Deposit Hardship Waiver only if the person requesting the waiver submits to the Director a sworn
affidavit, together with any supporting documents, demonstrating to the satisfaction of the
Director the person's financial inability to deposit with the City the full amount of the fine in
advance of the hearing. The Director shall issue a written decision specifying the reasons for
issuing or not issuing the waiver. The decision shall be served upon the person requesting the
waiver by certified mail return receipt. If the Director determines that the waiver is not
warranted, the person shall remit the full amount of the fine to the City within ten (10) days of
receipt of the Director's written decision.
Sec. 1.21.100. Time for Administrative Hearing. Only after a Request for Hearing Form
is filed, and the Responsible Person requesting the hearing has either deposited the administrative
fine in full or obtained an Advance Deposit Hardship Waiver, shall the City set the date and time
for the administrative heating. The hearing shall be set for a date not less than fifteen (15) days
nor more than (60) days after the Request for Hearing Form is fried, and the administrative fine
is deposited with the City or an Advance Deposit Hardship Waiver is issued. The City shall send
notice of the date, time, and place of the hearing to the person requesting the hearing by certified
mail return receipt at least ten (10) days before the date of the hearing.
Sec. 1.21.110. Request for Continuance of Hearing. The Responsible Person requesting
a hearing may request one continuance, but in no event may the heating begin later than ninety
(90) days after the Request for Hearing Form is filed, and the administrative fine is deposited with
the City or an Advance Deposit Hardship Waiver is issued.
Sec. 1.21.120. Appointment of Administrative Hearing Officer. The Director of the
Department through which the administrative citation was issued, or his or her designee, shall
select an Administrative Hearing Officer. The Administrative Hearing Officer may be, without
limitation, a member of the staff of the department through which the administrative citation was
issued. In no event, however, shall the Enforcement Official who issued the administrative
citation be the Administrative Hearing Officer.
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Sec. 1.21.130. Procedures at Administrative Hearing. 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 City
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 preponderance of evidence as the standard of evidence
in deciding the issues.
Sec. 1.21.140. Failure to Attend Administrative Hearing. If the Responsible Person fails
to attend the scheduled hearing, the hearing will proceed without the Responsible Person, and he
or she will be deemed to have waived his or her right to an administrative hearing.
Notwithstanding this waiver and the time limits set forth in Section 1.21.100, if service of the
administrative citation 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.
Sec. 1.21.150. Decision of Administrative Heating Officer. No later than thirty (30) days
after the date on which the administrative hearing concludes, the Administrative Hearing Officer
shall issue a written decision to uphold or cancel the administrative citation. The Administrative
Hearing Officer shall set forth the reasons for the decision. The decision shall be served upon the
Responsible Person by the applicable method set forth in Section 1.21.050. If the Administrative
Hearing Officer upholds the administrative citation, the City shall retain the fine deposited by the
Responsible Person. If the Administrative Hearing Officer upholds the administrative citation and
the fine has not been deposited pursuant to an Advance Deposit Hardship Waiver, the
Administrative Hearing Officer shall specify in the decision a payment schedule for the fine. If
the Administrative Hearing Officer cancels the administrative citation, any fine deposited with the
City shall be promptly refunded, together with interest at the average rate earned on the City's
portfolio for the period of time that the City held the fine. The Administrative Hearing Officer's
written decision is final, and shall notify the Responsible Person of his right to appeal as provided
in Section 1.21.180.
Sec. 1.21.160. Late Payment Charges. Any person who fails to pay to the City on or
before the due date any administrative free imposed pursuant to the provisions of this Chapter,
shall be liable for the payment of any applicable late payment charges set forth in the
Administrative Citation Schedule established by Resolution of the City Council.
Sec. 1.21.170. Collection of Administrative Fine. The City may collect any past-due
administrative free or late payment charges by use of any available legal means.
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Sec. 1.21.180. Appeal of Decision of Administrative Hearing Officer. Within 20 days
after service of the decision of the Administrative Hearing Officer upon the Responsible Person,
he or she may seek review of the decision by filing a notice of appeal with the municipal 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 confirmed.
See. 1.21.190. Failure to Pay Administrative Fine. Failure to pay an administrative fine
is a misdemeanor. Filing a criminal misdemeanor action does not preclude the City from using
any other legal remedy available to gain compliance with the Administrative Order."
SECTION 2. Section 5.04.300 of Chapter 5.04 of Title 5 of the Temecula Municipal
Code is hereby amended to read as follows:
"5.04.300. Violation--Penalties.
A. Any person who fails to apply for and receive a certificate prior to the start of
business, or has not applied for the renewal of an existing certificate prior to the expiration of the
certificate shall pay the applicable fee, plus a penalty fee not to exceed twice the normal
registration fee.
B. If a person fails to file for a certificate as provided in this chapter within thirty calendar
days after being informed to do so, or fails to pay the applicable fee, or violates any of the other
provisions of this chapter, or knowingly or intentionally misrepresents any material fact to any
officer or employee of the city in procuring the certificate provided in this chapter, or continues
to operate a business after the business registration certificate has been revoked, the person shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not
to exceed five hundred dollars or by confinement in jail not to exceed six months or by both such
fine and confinement. Notwithstanding the foregoing, the above acts constituting a misdemeanor
may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of
this Code."
SECTION 3. Section 5.08.150 of Chapter 5.08 of Title 5 of the Temecula Municipal
Code is amended to read as follows:
"5.08.150 Violation--Penalties.
A. Any firm, corporation or person, whether as principal, agent, employee or
otherwise, violating or causing the violation of any of the provisions of this chapter shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not
more than one thousand dollars or by imprisonment. Notwithstanding the foregoing, any violation
of any provision of this chapter may be prosecuted as an administrative civil action pursuant to
Orda\98-04 6
Chapter 1.21 or Chapter 1.22 of this Code. Any violation of the provisions of this
chapter which is committed and continues from day to day constitutes a separate offense for each
and every day during which such violation is committed or continued.
B. In addition to the penalties set forth in subsection A of this section, any adult
business which is operating in violation of this chapter or any provision thereof shall constitute
a public nuisance and, as such, may be abated or enjoined from further operation."
SECTION 4. Section 5.16.120 of Chapter 5.16 of Title 5 of the Temecula Municipal
Code is amended to read as follows:
~5.16.120 Violation--Penalty. Any solicitation conducted without obtaining a permit as
required by this chapter shall constitute a misdemeanor. Notwithstanding the foregoing,
any such violation may be prosecuted as an administrative civil action pursuant to Chapter 1.21
or Chapter 1.22 of this Code. *
SECTION 5. Section 5.20.110 of Chapter 5.20 of Title 5 of the Temecula Municipal
Code is amended to read as follows:
"5.20.110 Violation--Penalty. Any violation of any of the requirements of this chapter
shall be an infraction and any violator may be punished pursuant to Section 1.20.010 et seq. of
this Code. Notwithstanding the foregoing, any violation of any of the requirements of this chapter
may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of
this Code. ~
SECTION 6. Section 6.02.170 of Chapter 6.02 of Title 6 of the Temecula Municipal
Code is amended to read as follows:
"6.02.170 Violation--Penalty. Any person violating any of the provisions of this chapter
shall be guilty of an infraction and upon conviction thereof shall be punished by
(1)
(2)
(3)
a free not exceeding fifty dollars for the first violation;
a free not exceeding one hundred dollars for the second violation
within one year; and
a fine not exceeding two-hundred and fifty dollars for each additional violation
within one year.
Each day a violation is committed or permitted to continue shall constitute a separate offense.
Notwithstanding the foregoing, any violation of any of the provisions of this chapter may be
prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this
Code."
SECTION 7. Subsection C. of Section 6.04.130 of Chapter 6.04 of Title 6 of the
Temecula Municipal Code is added to read as follows:
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*C. Notwithstanding the foregoing, any violation of this section may be prosecuted as an
administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code.'
SECTION 8. Section 6.06.020 of Chapter 6.06 of Title 6 of the Temecula Municipal
Code is amended to read as follows:
~6.06.020 Duty to care for animals. Every owner, driver or keeper of any animal who
permits the animal to be in any building, enclosure, land, street, square or lot of the city,
without proper care and attention is guilty of a misdemeanor. Notwithstanding the foregoing,
such a violation may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or
Chapter 1.22 of this Code. The chief animal control officer shall take possession of the stray or
abandoned animal and shall provide care and treatment for the animal until the animal is deemed
to be in suitable condition to be returned to the owner. When the officer has reasonable grounds
to believe that very prompt action is required to protect the health or safety of the animal and
others, the officer shall immediately seize the animal and comply with Section 6.06.070. In all
other cases, the officer shall comply with the provisions of Section 6.06.080. The cost of caring
for and treating any animal properly seized under this section shall constitute a lien on the animal
and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld
pursuant to this chapter. ~
SECTION 9. Subsection C. of Section 6.08.160 of Chapter 6.08 of Title 6 of the
Temecula Municipal Code is hereby added to read as follows:
*C. Notwithstanding the foregoing, any violation of any provision of this chapter may be
prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this
Code.~
SECTION 10. Section 8.16.110 of Chapter 8.16 of Title 8 of the Temecula Municipal
Code is hereby amended to read as follows:
'8.16.110 Enforcement-Violation-Penalties. It shall be unlawful, subject to punishment
in accordance with Chapter 1.20, 1.21, or 1.22, and in accordance with Section 8.12.180, for any
person -- natural or corporate -- owning, possessing, occupying or controlling any lands or
premises subject to the provisions of this chapter to fail to perform the duty set forth in Section
8.16.020 of this chapter, or to fail to comply with the requirements in the notice to remove and
abate as specified in Section 8.16.040 of this chapter or to interfere with the performance of the
duties herein specified for any of the officers designated in this chapter or their deputies, or to
refuse to allow any such officer or their deputies or employees, or approved private contractors,
to enter upon any premises for the purpose of inspecting and/or removing any hazardous
vegetation hereinbefore described, or to interfere in any manner whatever with said officers or
contractors in the work of inspections and removal herein provided. Such penalties are in addition
to any civil or equitable remedies available to the city to enforce the provisions of this chapter."
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SECTION 11. Section 8.20.630 of Article IX of Chapter 8.20 of Title 8 of the Temecula
Municipal Code is amended to read as follows:
'8.20.630 Misdemeanor. Violation of this article shall be a misdemeanor.
Notwithstanding the foregoing, any violation of any provision of this article may be prosecuted
as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code.'
SECTION 12. Section 8.20.720 of Article XIII of Chapter 8.20 of Title 8 of the Temecula
Municipal Code is amended to read as follows:
~8.20.720 Violation. Except as otherwise provided in this chapter, violations of this
chapter are punishable as set out in Chapter 1.20, 1.21, or 1.22, and in Sections 8.12.140 and
8.12.180."
SECTION 13. Section 9.04.030 of Chapter 9.04 of Title 9 of the Temecula Municipal Code
is amended to read as follows:
~9.04.030 Violation--Penalty. Every day that this chapter is violated shall be a separate
violation of this chapter. Every violation of this chapter shall be punishable as a misdemeanor.
Notwithstanding the foregoing, any violation of any provision of this chapter may be prosecuted
as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code. ~
SECTION 14. Section 9.10.200 of Chapter 9.10 of Title 9 of the Temecula Municipal Code
is amended to read as follows:
"9.10.200 Prohibited conduct. Any person violating any provision of this chapter shall
be guilty of a misdemeanor and be punished in accordance with Sections 1.20.010 and 1.20.030A
of this Code. Notwithstanding the foregoing, any violation of any provision of this chapter may
be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this
Code. Revocation or suspension of a license issued under this chapter shall not be a defense
against prosecution."
SECTION 15. Subsection (d) of Section 17.03.100 of Chapter 17.03 of Title 17 of the
Temecula Municipal Code is amended to read as follows:
'(d) Viohtions and Penaltim. It shall be unlawful for any person to violate any provision
of this Development Code or any of the codes adopted by reference herein, any ordinance adopted
pursuant to this Development Code, or to violate any permit (or the conditions thereo0 granted
pursuant to this Development Code. Violaton shall be subject to punishment under Chapter 1.20,
1.21, or 1.22 of this Code.'
SECTION 16. The City Clerk shall cause this Ordinance to be published in a newspaper
of general circulation printed and published in the county and circulated in the City within fifteen
0rd~\98-04 9
(15) days after its passage, in accordance with Section 36933 of the Government Code, shall
certify to the adoption and publication of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of publication, to be entered in the Book of Ordinances of the
Council of this City.
SECTION 17. This Ordinance shall go into effect and be in full force and effect at 12:01
a.m. on the thirty-first (3 lst) day after its passage.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this
10th day of February, 1998.
Ron Roberts, Mayor
ATrEST:
· 'Jo~s, C
·
[SEAL]
Ords\98-04 10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 98-04 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 27th day of January 1998, and that thereafter, said
Ordinance was duly adopted and passext at a regular meeting of the City Council of the City of
Temecula on the 10th day of Feburary 1998, by the following roll call vote:
AYES: 5
COUNCILMEMBERS:
Comerchero, Ford, Lindemans, Stone,
Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Su:ones, CMC
~g City Clerk
0rds\98-04 11