Loading...
HomeMy WebLinkAbout97-36 - Amending Chapter 1.04 and Adding Chapter 1.05 of the Newport Beach Municipal Code Pertaining to an Administrative Citation ProgramORDINANCE NO. 97 -36 • ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 1.04 AND ADDING CHAPTER 1.05 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO AN ADMINISTRATIVE CITATION PROGRAM NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: City Council of the City of Newport Beach hereby ordains that Section 1.04.010 of the Newport Beach Municipal Code is hereby amended to read as follows: 1.04.010 Violations, Penalties and Enforcement. The City Council of the City of Newport Beach intends to secure compliance with the provisions of this Code. To the extent that such compliance may be achieved by less drastic methods of enforcement the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and • does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. Notwithstanding any other provision of this Code, each violation of the provisions of this Code may be enforced alternatively as follows: A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or non - safety employees designated by Newport Beach Municipal Code Section 1.12.020. Any person convicted of an infraction under the provisions of this Code shall be punishable either by fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts, or where no fine is specified therein by: 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 within one year; 3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year. B. Misdemeanor. Any person violating any of the provisions or failing to • comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by Ord 97 -36 non - safety employees designated by Newport Beach Municipal Code Section 1.12.020. . Any person convicted of a misdemeanor under the provisions 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 months, or by both such fine and imprisonment. C. Civil Action. The City Attorney, by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. D. Administrative Citation. Upon a finding by the city official vested with the authority to enforce the various provisions of this Code that a violation exists, he or she may issue an Administrative Citation under the provisions of Chapter 1.05. NOWTHEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 2: Chapter 1.05 of the Newport Beach Municipal Code is hereby added to Title 1 to read as follows: CHAPTER 1.05 • ADMINISTRATION CITATIONS Sections: 1.05.005 Legislative Findings and Statement of Purpose 1.05.010 Definitions 1.05.020 Authority 1.05.030 Service Procedures 1.05.040 Contents of Notice 1.05.050 Satisfaction of Administrative Citation 1.05.060 Appeal of Administrative Citation 1.05.070 Hearing Officer 1.05.080 Hearing Procedure 1.05.090 Hearing Officer's Decision 1.05.100 Failure to Pay Fines 1.05.110 Right to Judicial Review 1.05.120 Notices 1.05.005 Legislative Findings and Statement of Purpose • A. The City Council hereby finds that there is a need for an alternative method of enforcement for minor violations of the Municipal Code and applicable State Codes. The City Council further finds that an appropriate method of enforcement for minor `a Ord 97 -36 violations is an Administrative Citation Program as authorized by Government Code • Section 53069.4. B. The procedures established in this Chapter shall 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 or applicable State Codes. C. The City Council hereby finds and determines that enforcement of the Newport Beach Municipal Code, other ordinances adopted by the City, conditions on entitlements and terms and conditions of City Agreements are matters of local concern and serve important public purposes. Consistent: with its powers as a Charter City, the City of Newport Beach adopts this Administrative Citation Program provision in order to achieve the following goals: (1) To protect the public health, safety and welfare of the citizens of the City of Newport Beach; (2) To gain compliance with the Municipal Code and State Codes, Ordinances and regulations in a timely and efficient manner; (3) To provide for an administrative process 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, Ordinances, Agreements or terms and conditions on entitlements in the City of Newport Beach; L� (5) To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system. D. Use of this Chapter shall be at the sole discretion of the City. 1.05.010 Definitions A. Responsible Person shall mean any individual who is the owner or occupant of real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes or maintains a violation of the Newport Beach Municipal Code or applicable State Code. B. Enforcement Officer shall mean any officer or employee with the authority to enforce the Newport Beach Municipal Code, or applicable State Codes as provided in Chapter 1.12. 3 Ord 97 -36 1.05.020 Authority • A. Any person violating any provision of the Newport Beach Municipal Code or applicable State Code 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, the Uniform Codes adopted by the City Council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code. B. Each and every day a violation of the Municipal Code or applicable State Code exists constitutes a separate and distinct offense. C. A civil fine shall be assessed by means of an Administrative Citation issued by the Enforcement Officer and shall be payable directly to the Newport Beach City Treasurer's Office. D. Fines shall be assessed in the amounts specified by Resolution of the City Council , or where no amount is specified: (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; (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. 1.05.030 Service Procedures A. An Administrative Citation on a form approved by the City Manager may be issued to the responsible person by an Enforcement Officer for violations of the Municipal Code or applicable State Code in the following manner: (1) Personal Service. In any case where an Administrative Citation is issued: 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 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. 0 Ord 97 -36 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 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. C. Service by Citation by Posting Notice. If the Enforcement Officer does not succeed in personally serving the responsible person, 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 person has a legal interest, and such posting shall be deemed effective service. 1.05.040 Contents of Notice A. 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) An order to the responsible person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s); (4) The amount of the fine for the violation(s); (5) An explanation of how the fine shall be paid and the time period by which it shall be paid; (6) 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; and (7) The name and signature of the Enforcement Officer and if possible the signature of the responsible person. 1.05.050 Satisfaction of Administrative Citation A. 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 correction • date of the Administrative Citation. All fines assessed shall be payable to the Newport Beach City's Treasurer. Payment of a fine 61 Ord 97 -36 shall not excuse or discharge the failure to correct the violation(s) nor • shall it bar further enforcement action by the City. (2) Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied. If the violation(s) is corrected before the date provided on the Citation no fine shall be imposed. If the responsible person fails to correct the violation(s), subsequent Administrative Citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this Chapter or by Ordinance. 1.05.060 Appeal of Administrative Citation A. Any recipient of an Administrative Citation may contest that there was a violation of the Newport Beach Municipal Code or that he or she is the responsible person by completing a Request for Hearing form and returning it to the City within fifteen (15) days from the correction date of the Administration Citation, together with an advanced deposit of the fine. 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(s) or that there was no violation(s) as charged in the Administrative Citation. • 1.05.070 Hearing Officer A. The Newport Beach City Manager shall designate the hearing officer for the Administrative Citation hearing. The hearing officer shall not be a Newport Beach City employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of Administrative Citation fines upheld by the hearing officer. 1.05.080 Hearing Procedure A. No hearing to contest an Administrative Citation before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted, and, the fine 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) 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 notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. C. The enforcement hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has • caused or maintained the violation(s) of the Municipal Code or other applicable State Code on the date(s) specified in the Administrative Citation. 9 Ord 97 -36 • D. The responsible person contesting the Administrative Citation shall be given the opportunity to testify and present witnesses and evidence concerning the Administrative Citation. E. The failure of any recipient of an Administrative Citation to appear at the Administrative Citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies. F. The Administrative Citation and any additional documents submitted by the Enforcement Officer shall constitute prima facia evidence of the respective facts contained in those documents. G. 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 also shall be served by mail on the person requesting the hearing at least five (5) days prior to the date of the hearing. H. At least ten (10) 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. No other discovery is permitted. Formal rules of evidence shall not apply. • I. 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. • 1.05.090 Hearing Officer's Decision A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written Decision within ten (10) days of the hearing to uphold or deny the Administrative Citation and shall list in the Decision 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 canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine. D. The recipient of the Administrative Citation shall be served with a copy of the hearing officer's written Decision in the manner prescribed by Section 1.08.080 of the Newport Beach Municipal Code. 7 Ord 97 -36 1.05.100 Failure to Pay Fines • A. The failure of any person to pay the civil fines assessed by an Administrative Citation within the time specified on the Citation may result in the matter being referred to the Newport Beach City Treasurer to file a claim with the Small Claims Court. Alternatively, the City may pursue any other legal remedy to collect the civil fines. The City may also recover its collections costs according to proof. 1.05.110 Right to Judicial Review A. Any person aggrieved by an Administrative Decision of a hearing officer on an Administrative Citation may obtain review of the Administrative Decision by filing a Petition for Review with the Orange County Municipal Court - Harbor Judicial District in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4. 1.05.120 Notices A. The Administration 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 1.08.080 of the Newport Beach Municipal Code, where applicable. • B. Failure to receive any notice specified in this Chapter does not affect the validity of proceedings conducted here under. SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such Decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of November , 1997, and adopted on the 24th day of November , 1997, by the following vote, to -wit: AYES, COUNCILMEMBERS_ THOMSON, DEBAY, 0 O'NEIL, HEDGES, GLOVER, NOYES, MAYOR EDWARDS ATTEST: CITY CLERK • E NOES, COUNCILMEMBERS NONE ABSENT, COUNCILMEMBEIS NONE MAYOR E Ord 97 -36 • 0 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 97 -36 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of November, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, and Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of November, 1997. (Seal) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) City Clerk of the City of Newport Beach, California ;ERTIFICATE OF PUBLICATION as. I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -36 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: November 29, 1997. In witness whereof, I have hereunto subscribed my name this lfffw day of AZ i ,✓n VY^- , 1997. City Clerk of the City of Newport Beach, California