"Administrative citation" means a written notice that mandates corrective action and establishes a fine as a penalty for noncompliance.

"City manager" means the city manager or duly authorized representative.

"Enforcement officer" means any person authorized by the city to enforce violations of this code, state statutes or regulations that the city is authorized to enforce.

"Hearing officer" means the person selected by the city manager to conduct an administrative hearing pursuant to the provisions of this chapter.

"Specified code section" means sections 30.32.171 or 30.32.172 of this code.

"Responsible person" means a person, partnership, corporation, limited liability company, nonprofit corporation, trustee, association or any other legal entity, who the city manager or director of community development determines is responsible for causing or maintaining a violation of a specified code section.

The term "responsible person" includes, but is not limited to, the following:

1. The owner, tenant, or occupant of real property;

2. The holder or the agent of the holder of any permit, entitlement, or review;

3. The party or the agent of a party to an agreement covered by this chapter;

4. The owner or the authorized agent of any business, company, or entity subject to this chapter;

5. Any person(s) or entity, regardless of ownership, legal interest, or occupancy of any property.

(Ord. No. 5733, § 2, 3-29-2011)

A. In addition to any other remedy or penalty provided by this code, any person who violates a specified code section may be issued an administrative citation by an enforcement officer as provided in this chapter.

B. Each and every day that a violation of a specified code section exists constitutes a separate and distinct offense. A separate citation may be issued for each day a violation occurs.

C. Each citation results in a civil fine, which shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city of Glendale.

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 an eighteen-month period from the date of the first violation;

3. A fine not exceeding five hundred dollars ($500.00) for the third violation of the same ordinance or permit within an eighteen-month period from the date of the first violation.

E. A second or subsequent violation need only be of the specified code section to require the larger fine, provided that the same responsible person is cited. The fine amounts shall be cumulative where multiple citations are issued.

(Ord. No. 5733, § 3, 3-29-2011)

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 a specified code section in the following manner:

1. Personal Service. In any case where an administrative citation is issued:

a. 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.

b. 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.

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 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.

3. 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.

B. The enforcement officer must complete a declaration of service.

(Ord. No. 5733, § 4, 3-29-2011)

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) occurred or was observed;

2. The specified code section(s) violated and a description of the violation(s);

3. An order to the responsible person to correct the violations within the time specified, if applicable, 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. A notification that payment of the fine does not excuse or discharge the failure to correct the violation and does not bar further enforcement action by the city;

7. A statement that if the fine is not timely paid, a late payment penalty of twenty-five (25) percent of the amount of the fine will be added to the fine;

8. 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

9. The name and signature of the enforcement officer, the name and address of the responsible person, and if possible, the signature of the responsible person.

(Ord. No. 5733, § 5, 3-29-2011)

A. Upon receipt of a citation, the responsible person must do either of the following:

1. Pay the fine to the city within thirty (30) days from the issuance date of the administrative citation. All fines assessed shall be payable to the city of Glendale. 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; or

2. Appeal the administrative citation pursuant to section 1.24.060 within fifteen (15) days and request an administrative hearing from the issuance date of the administrative citation.

(Ord. No. 5733, § 6, 3-29-2011)

A. The recipient of an administrative citation may appeal that there was a violation of a specified code section, or that he or she is the responsible person by completing a request for hearing form and filing it with the city clerk within fifteen (15) days from the issuance date of the administrative citation.

B. The request for hearing form must be accompanied by either an advanced deposit of the fine or a request for hardship waiver. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that there was no violation(s) as charged in the administrative citation.

(Ord. No. 5733, § 7, 3-29-2011)

A. A person who files a request for an administrative hearing may also request at the same time a hardship waiver of the fine deposit. To seek such a waiver and obtain a separate hearing on the request, the responsible person must check the box indicating this request on the form contained on the reverse side of the citation and attach a statement of the grounds for the request.

B. The waiver request will be decided by the city manager, or his or her designee, and issue the advance deposit hardship waiver only if the responsible party submits to the director of administrative services-finance a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director of administrative services-finance the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.

C. The director of administrative services-finance shall inform the responsible party in writing of whether the waiver was approved, by serving the party personally or by mail at the address provided in the waiver application. The director of administrative services-finance's determination is final and is not subject to appeal or judicial review.

D. If the waiver is denied, the responsible party shall pay the fine amount within ten (10) days. Failure to make the deposit by the time required shall be deemed an abandonment of the appeal and renders the fine delinquent.

(Ord. No. 5733, § 8, 3-29-2011)

The city manager, or his or her designee, shall select an administrative hearing officer. The administrative hearing officer may be, ithout limitation, a hearing officer empowered under section 2.28.030 of this code. In no event, however, shall the enforcement official who issued the administrative citation be the administrative hearing officer.

(Ord. No. 5733, § 9, 3-29-2011)

A. No hearing to appeal 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, 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) 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 responsible party 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 responsible person requesting a hearing may request one (1) continuance, but in no event may the hearing begin later than ninety (90) days after the request for hearing form is filed, and the fine is deposited or an advance deposit hardship waiver is issued.

D. At least ten (10) days prior to the hearing, copies of the citations, reports and other documents submitted or relied upon by the enforcement officer shall be made available to the recipient of an administrative citation. If, after copies of documents have been provided to the responsible party, the city determines to submit to the hearing officer additional documents then, whenever possible, a copy of such documents shall be provided to party prior to the hearing. No other discovery is permitted. Formal rules of evidence shall not apply.

E. The 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). Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify if the hearing officer determines that the evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the hearing officer in accordance with the fundamentals of due process. The hearing officer may limit the total length of the hearing, and shall allow the responsible party at least as much time to present its case as is allowed the city.

F. At the hearing, the responsible party requesting the hearing shall be given the opportunity to present, either personally or through a representative, evidence and testimony concerning the administrative citation. The city's case shall be presented by an enforcement officer or by any other authorized agent of the city.

G. The failure of the responsible party, either personally or through counsel, of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.

H. The hearing officer may consolidate no more than three (3) administrative citations issued to the same responsible person into one (1) hearing. However, the hearing officer shall issue a separate decision for each violation pursuant to section 1.24.110

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 decision.

(Ord. No. 5733, § 10, 3-29-2011)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer may announce a decision orally, but in any event, shall prepare a written decision. The decision shall be provided to the parties within ten (10) days of the hearing and shall either affirm the issuance of the citation as issued or dismiss the citation. The decision shall briefly state the reasons for the conclusion of the hearing officer. The city may serve the notice of decision for the administrative hearing to the responsible person personally or through first class United States mail. The decision of the hearing officer shall be final.

B. If the hearing officer affirms the issuance of the administrative citation, then the deposit with the city shall be retained by the city. If a hardship waiver was granted, the decision shall set forth a payment schedule for the fine.

C. If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, then the city, within thirty (30) days of the hearing officer's decision, shall refund the deposit together with interest at the average rate earned on the city's portfolio for the period of time the city held the fine.

D. If the hearing officer upholds the administrative citation and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall specify in the decision a payment schedule for the fine.

E. The hearing officer shall not have the power to reduce the fine. The hearing officer may impose conditions and deadlines to correct any violations or require payment of any outstanding fines.

(Ord. No. 5733, § 11, 3-29-2011)

The hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include scheduling and rocessing of the hearing and all subsequent actions.

(Ord. No. 5733, § 12, 3-29-2011)

A. The city may collect any past due civil fines imposed by an administrative citation, late payment charges and/or administrative costs assessed by the hearing officer by use of any available legal means.

B. In addition to any other action, the city may impose a code enforcement lien, in the amount of the fine plus interest and late charges, on the real property upon which the violation occurs. Any lien imposed pursuant to this chapter shall attach upon the recordation of a notice of code enforcement lien in the office of the county recorder.

C. The city at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines, interest, penalties, and administrative costs. The use of one (1) recovery method does not preclude the use of any other recovery method.

D. The failure to pay an administrative fine is a misdemeanor. The filing of a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative citation.

(Ord. No. 5733, § 13, 3-29-2011)

If the violation is corrected within a reasonable time after the decision of the hearing officer, the director of community development hall have the discretion to reduce any cumulative fines to a total of not less than one thousand dollars ($1,000.00) upon good cause shown by the responsible person. The determination of the director of community development shall be final and shall not be subject to appeal. Fines shall not otherwise be reduced.

(Ord. No. 5733, § 14, 3-29-2011)

Any responsible party who fails to pay a fine imposed by this chapter on or before the date that payment is due, shall also be liable for the payment of a late payment charge of twenty-five (25) percent of the fine. In addition, delinquent fines shall accrue interest at the rate of ten (10) percent per month, excluding penalties, from the due date.

(Ord. No. 5733, § 15, 3-29-2011)

It shall be unlawful for the owner of any dwelling unit or structure who has received a citation to sell, transfer, mortgage, lease or therwise dispose of it to another until the provisions of the citation have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee, with a true copy of any citation and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such citation and fully accepting the responsibility without condition for making the corrections or repairs required by such citation or stating that the grantee, transferee, mortgagee or lessee intends to timely challenge the citation. The violation of this section shall not abrogate the transfer.

(Ord. No. 5733, § 16, 3-29-2011)

Either the city or the appellant aggrieved by a decision of a hearing officer on an administrative citation may obtain review of the dministrative decision by filing a petition for review with the Los Angeles Superior Court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4. Such procedure shall be available under this chapter, notwithstanding that the term or condition being enforced pursuant to this chapter may not be a matter covered by Section 53069.4(a). Judicial review of a citation shall not be available without first exhausting all available administrative remedies and participating in a hearing as provided in this chapter.

(Ord. No. 5733, § 17, 3-29-2011)

Failure to comply with any procedural requirement of this chapter, to receive any notice or decision specified in this chapter, or to eceive any copy required to be provided by this chapter shall not affect the validity of proceedings conducted hereunder unless the responsible person is denied constitutional due process thereby.

If any portion of this chapter or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, he remainder of this chapter shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

(Ord. No. 5733, § 18, 3-29-2011)