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HomeMy WebLinkAboutFD-045 - OrdinancesORDINANCE NO. FD 45 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AND REVISING PENALTIES, PROCEDURES AND REMEDIES FOR FIRE CODE AND RELATED VIOLATIONS The Board of Directors of the Rancho Cucamonga Fire Protection District hereby ordains as follows: SECTION 1: Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby adopted to read as follows: PENALTIES, ADMINISTRATIVE AND CIVIL REMEDIES, AND GENERAL PROVISIONS Sections: Section 1. Penalties and general provisions. Section 2. Mandatory appearance required. Section 3. Arrests and citations. Section 4. Administrative penalties. Section 5. Definitions. Section 6. Administrative citation. Section 7. Content of administrative citation. Section 8. Procedure for serving administrative citation, compliance order and notice. Section 9. Administrative fine. Section 10. Payment of administrative fine. Section 11. Request for administrative hearing. Section 12. Advance Deposit Hardship Waiver. Section 13. Time for administrative hearing. Section 14. Request for continuance of hearing. Section 15. Appointment of Administrative Hearing Officer. Section 16. Procedures at administrative hearing. Section 17. Failure to attend administrative hearing. Section 18. Decision of Administrative Hearing Officer. Section 19. Late payment charges. Section 20. Collection of administrative fine. Section 21. Appeal of decision of Administrative Hearing Officer. Section 22. Appeal fee. Section 23. Failure to comply with administrative order or pay administrative fine. Section 24. Remedies cumulative. Section 25. Administrative penalties: Continuing violations -- Compliance orders. Ordinance No. FD 45 Page 2 of 13 Section 26. Section 27. Section 28. Section 29. Section 30. Section 31. Section 32. Section 33. Compliance order. Content of compliance order. Compliance order satisfied. Failure to comply -- Administrative citation. Decision of Administrative Hearing Officer following appeal. Administrative costs. Collection of administrative fines and costs -Lien procedure. Exclusive procedures. Section 1. Penalties and general provisions. A. No person shall violate or fail to comply with any provision or requirement of the most recent version of the California Fire Code as adopted and amended by the District ("the Fire Code"), or any District Ordinance. Any person who shall violate or fail to comply with any provision or requirement of the Fire Code or any District Ordinance, or a condition of any permit issued pursuant to the Fire Code or any District Ordinance, shall be guilty of a misdemeanor unless (1) such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person shall be guilty of an infraction; or (2) such a violation or failure is prosecuted as a civil administrative action pursuant to this Ordinance. Any person, business, organization, corporation or other entity that fails to pay an administrative fine or to comply with an Administrative Order is guilty of a misdemeanor as provided in this Ordinance. B. Any violation of any provision of the Fire Code or any District Ordinance may be prosecuted as an infraction unless otherwise provided in the Fire Code, as a misdemeanor, or as a civil administrative action in the discretion of the District Attorney or District Prosecutor, after consultation with the Fire Chief. C. Every day any violation of the Fire Code or any District Ordinance shall continue shall constitute a separate offense. D. Unless otherwise specifically provided in the Fire Code or District Ordinance, any person guilty of a misdemeanor for violation of a provision of the Fire Code or District Ordinance shall be punished by a fine of not more than One Thousand Dollars ($1,000) for each violation or offense, or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. E. Unless otherwise provided by law, any person who has committed an infraction shall be punished for a first violation by a fine not exceeding One Hundred Dollars ($100.00), and for committing the same offense a second time within one year by a fine not exceeding Two Hundred Dollars ($200.00), and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding Five Hundred Dollars ($500.00). Notwithstanding the foregoing, any person who has been convicted of violating any provision of a building and safety code of the District, or failing to comply with any of the requirements thereof, where such violation or failure is deemed to be an infraction, is punishable for a first violation by a fine not exceeding One Hundred Dollars ($100.00), and for committing the same offense a second time within one year by a fine not exceeding Five Hundred Dollars ($500.00), and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding One Thousand Dollars ($1000.00). Ordinance No. FD 45 Page 3 of 13 F. When a person under eighteen years of age is charged with a violation of the Fire Code or other District Ordinance, and such person is issued a notice to appear in a traffic court of competent jurisdiction as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed pursuant to Section 601 or 602 of the Welfare and Institutions Code. G. The violation of any of the provisions of the Fire Code or any District Ordinance constitutes a nuisance and may be abated by the District through civil process by means of restraining order, preliminary of permanent injunction or in any other manner provided by law for the abatement of such nuisances. H. The District Board declares that, should any provision, section, paragraph, sentence or word of the Fire Code or District Ordinance be rendered or declared invalid by any final court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of the Fire Code and such Ordinance shall remain in full force and effect. Section 2. Mandatory appearance required. Whenever any person is arrested for any violation of the Fire Code or any District Ordinance, the arrested person shall be taken without unnecessary delay before a magistrate who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made, when the person arrested: A. Fails to present a driver's license or other satisfactory evidence of identity for examination. B. Refuses to give a written promise to appear in court. C. Demands an immediate appearance before a magistrate. Section 3. Arrests and citations. A. Pursuant to the provisions of State law, the District officers or employees designated by the District Board to issue citations and make misdemeanor arrests may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or misdemeanor violation of the Fire Code, or violation of any condition of any permit issued pursuant to the Fire Code, or violation of any District Ordinance or State statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees. B. Arrests and citations for misdemeanors, and citations for infractions shall be processed, issued and handled as provided by State law. C. In any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5(c), commencing with Section 853.5, of the Penal Code. Ordinance No. FD 45 Page 4 of 13 D. The officers and employees identified in subpart A of this section and any other persons designated to do so by the District Board shall have the concurrent authority to issue administrative citations. Section 4. Administrative penalties. In addition to, or in place of, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable, there is hereby established an administrative penalty that may be imposed in connection with any violation of the Fire Code or District Ordinance. The District Attorney or District Prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally. Section 5. Definitions. The following words and phrases, when used in the context of this Ordinance, shall have the following meanings: A. Citing Official means any officer or employee authorized by the District Board to issue citations, and the same shall be subject to Section 3 of this Ordinance. B. City Clerk means the City Clerk of the City of Rancho Cucamonga, or the City Clerk's designee. City Clerk also means any official or department of the City designated by the City Manager to perform functions of the City Clerk specified in this Chapter. C. Fire Chief means the Fire Chief of the Rancho Cucamonga Fire Protection District, or the Fire Chief's designee. D. Fire Marshal means the Fire Marshal of the Rancho Cucamonga Fire Protection District, or the Fire Marshall's designee. E. Legal Interest means any ownership interest of any person in real property as evidenced by title or ownership documents or instruments which have been recorded with the San Bernardino County Recorder's Office or which are on file with, or in possession of, any other governmental entity. Legal Interest shall also include the property interest of lessees or tenants of real property, as well as all sublessors thereof. F. Person means any natural person, business, organization, corporation or other entity G. Responsible Person means any natural person, business, organization, corporation, or other entity determined by a Citing Official to be responsible for causing, maintaining, permitting, or allowing a violation of the Fire Code or District Ordinance. Responsible Person includes but is not limited to any person, business, organization, corporation, or other entity having an ownership or possessory interest in property, or any agent thereof with actual or apparent authority, possession, or control of property, as well as any other person, business, organization, corporation or other entity that creates, permits, or allows a violation of the Fire Code or District Ordinance to occur or be maintained. Section 6. Administrative citation. Any person violating or who has violated any section of the Fire Code or District Ordinance that is subject to this Ordinance may be issued an administrative citation by a Citing Official as provided in this Ordinance. Ordinance No. FD 45 Page 5 of 13 Section 7. 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 or was detected. B. The Code or Ordinance section violated and a description of the violation. 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 or Ordinance 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 far Hearing Form to contest the administrative citation. F. The name and signature of the Citing Official. Section 8. Procedure for serving administrative citation, compliance order and notice Except as provided below or elsewhere in this Ordinance, the Citing Official shall issue an administrative citation on a form approved by the Fire Chief, and shall serve a compliance order or any permitted or required notice on a Responsible Person in accordance with the following methods: A. Personal Service. The Citing Official may issue the administrative citation or serve a compliance order or notice by personal delivery thereof to a Responsible Person. The Citing Official shall attempt to obtain on the administrative citation or compliance order the signature of the Responsible Person. If the Responsible Person or person served refuses or fails to sign the administrative citation or compliance order, the failure or refusal to sign shall not affect the validity of the citation, the compliance order or of subsequent proceedings. Service shall be deemed effective on the date of delivery. B. Mail. The Citing Official may mail the administrative citation, compliance order or notice to the Responsible Person by registered mail, or by prepaid first class mail, provided a proof of mailing has been obtained. Service shall be deemed effective on the date of mailing. C. Posting. If the Citing Official does not succeed in serving the Responsible Party personally or by mail pursuant to subsection (2), above, the Citing Official shall post the administrative citation or compliance order on any real property within the District in which the Responsible Person has a Legal Interest and, when so posted, shall be deemed effective service as of that date. D. Publication. If the Citing Official does not succeed in serving the Responsible Person with the administrative citation, personally, by mail, or by posting, in accordance with this section, the Citing Official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published, in English, at least once a week. Service shall be deemed effective upon the final date of publication. Ordinance No. FD 45 Page 6 of 13 Section 9. Administrative fine. A. For any violation of the Fire Code deemed to be an infraction, and for which there is no specific administrative penalty established in the Fire Code or District Ordinance, by the District Board, or otherwise set forth in an adopted administrative penalty schedule, the fine shall be in the amount of One Hundred Dollars ($100.00) for a first violation; Two Hundred Dollars ($200.00) for a second violation of the same provision of the Fire Code within a twelve month period; and Five Hundred Dollars ($500.00) for each additional violation of the same provision of the Fire Code within a twelve month period provided, however, that for any infraction that is a violation of a building and safety code of the City of Rancho Cucamonga, the foregoing fines shall be increased to One Hundred Dollars ($100.00), Five Hundred Dollars ($500.00), and One Thousand Dollars ($1000.00), respectively. For any violation of the Fire Code or District Ordinance deemed to be a misdemeanor, the administrative fine shall not exceed One Thousand Dollars ($1,000.00). B. Administrative fines assessed pursuant to an administrative citation are a debt owed to the District. Section 10. Payment of administrative fine. The fine imposed pursuant to this Ordinance for a particular violation and for any subsequent violation of the same Code section, shall be in the amount set forth in Section 9, an adopted administrative penalty schedule, or otherwise as established by resolution of the District Board. The administrative fine shall be paid to the Finance Department of the City of Rancho Cucamonga, on behalf of the District, within twenty (20) days from the date of service of the administrative citation. If, after a hearing requested pursuant to this Ordinance, the Administrative Hearing Officer determines that the administrative citation should be cancelled, the administrative fine shall be refunded in accordance with the provisions of this Ordinance. Section 11. Request for administrative hearing. A. Any Responsible Person to whom an administrative citation is issued may contest the citation by (1) completing a Request for Hearing Form and returning it to the office of the City Clerk; and (2) either depositing the administrative fine with the Finance Department or providing notice that a request for an Advance Deposit Hardship Waiver has been filed pursuant to this Ordinance. A Request for Hearing Form may be obtained from the office of the City Clerk. The Finance Department shall provide the Responsible Person with a receipt unless a hardship waiver has been requested. B. Any Responsible Person desiring an administrative hearing shall file with the office of the City Clerk a completed Request for Hearing Form and the administrative fine or completed Hardship Waiver Form pursuant to this Ordinance within twenty (20) days from the date of service of the administrative citation. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the office of the City Clerk or a City Clerk -file stamped copy in the possession of the Responsible Party shall control. The Responsible Person's failure to file the Request for Hearing Form and the fine or Hardship Waiver Form within twenty (20) days of the date of service of the administrative citation shall constitute a waiver of the right to a hearing. Ordinance No. FD 45 Page 7 of 13 C. The person requesting the hearing shall be served written notice 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 the Citing Official has submitted or will submit to the Hearing Officer, shall be served on the person requesting the hearing, personally or by mail in the manner described in Section 8, at least five (5) days before the date of the hearing. Section 12. Advance Deposit Hardship Waiver. A. Any Responsible Person who requests an administrative hearing and who is financially unable to deposit the administrative fine as provided in this Ordinance may file a request for an Advance Deposit Hardship Waiver. The request shall be filed with the Finance Department on an Advance Deposit Hardship Waiver application form, available from the Finance Department, no later than twenty (20) days after service of the administrative citation. The Responsible Person's failure to file a completed form, with all supporting documents, within twenty (20) days after service of the administrative citation shall constitute a waiver of the right to receive a Hardship Waiver. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the Finance Department or a Finance Department -file stamped copy in possession of the Responsible Party shall control. B. An Advance Deposit Hardship Waiver may be granted only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the Finance Department, the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. The Finance Department 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 mail in the manner described in Section 8. The decision shall be deemed served on the date of mailing. If the Finance Department determines that the waiver is not warranted, the person shall remit the full amount of the fine within ten (10) days of service of the Finance Department's written decision. The Finance Department's decision whether to issue a Hardship Waiver shall be final.. Section 13. Time for administrative hearing. Only after a Request for Hearing Form is received by the office of the City Clerk within the required period, and the Responsible Person requesting the hearing has either deposited the administrative fine in full or obtained an Advance Deposit Hardship Waiver (referred to hereinafter as a "Perfected Appeal"), shall the City Clerk set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days after an appeal becomes a Perfected Appeal. The City Clerk shall personally serve or serve by mail, notice of the date, time, and place of the hearing to the person requesting the hearing, at least ten (10) days before the date of the hearing. Section 14. Request for continuance of hearing. The Responsible Person requesting a hearing may request one continuance, and the District may continue the hearing on its own initiative, but in no event shall the hearing begin later than ninety (90) days after the date the appeal becomes a Perfected Appeal. Section 75. Appointment of Administrative Hearing Officer. The Fire Chief shall establish procedures for the selection of Administrative Hearing Officers. In no event, however, shall the same person who issued the administrative citation or any person who has been "adverse' to the recipient of the citation in any legal or administrative proceeding, be the Administrative Hearing Officer. Ordinance No. FD 45 Page 8 of 13 Section 16. 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 that party's case and to cross-examine witnesses. The District bears the burden of proof at an administrative hearing to establish a violation of the Fire Code or District Ordinance. Administrative citations, compliance orders and any additional reports submitted by the Citing Official shall constitute prima facie evidence of the facts contained in those documents. The Administrative Hearing Officer shall use preponderance of evidence as the standard of review in deciding the issues. Section 17. Failure to attend administrative hearing. If the Responsible Person fails to attend the scheduled hearing, the hearing will proceed without the Responsible Person, and the Responsible Person will be deemed to have waived the right to an administrative hearing. Section 18. Decision of Administrative Hearing Officer. The Administrative Hearing Officer shall issue a written decision entitled "Administrative Order" no later than thirty (30) days after the date on which the administrative hearing concludes. The Administrative Order shall include the Administrative Hearing Officer's written decision to uphold or cancel the administrative citation. The decision shall set forth the reasons for the decision. If the Administrative Hearing Officer upholds the administrative citation, the District 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 District shall be promptly refunded. The Administrative Order shall be served upon the Responsible Person, personally or by mail consistent with Section 8. Service shall be deemed effective on the date of personal service or mailing. The Administrative Order shall become final on the date of service, and shall notify the Responsible Person of the right to appeal as provided in this Ordinance. Section 19. Late payment charges. Any person who fails to pay to the District, on or before the due date, any administrative fine imposed pursuant to the provisions of this Ordinance, shall be liable for the payment of the administrative fine plus applicable late payment charges as follows: A. For payments received within ninety (90) days after the due date, a late fee in the amount of fifty (50%) percent of administrative fine due; B. For payments received more than ninety (90) days after the due date, a late fee in the amount of one hundred (100%) percent of the overdue administrative fine.. Section 20. Collection of administrative fine. The District may collect any past-due administrative fine or late payment charges by use of any available legal means, including the lien procedure set forth in this Ordinance. Ordinance No. FD 45 Page 9 of 13 Section 21. Appeal of decision of Administrative Hearing Officer. Within twenty (20) days after service of the decision of the Administrative Hearing Officer upon the Responsible Person, the Responsible Person may seek de novo review of the decision by filing a notice of appeal with the San Bernardino County Superior Court. The Responsible Person shall serve upon the office of the City Clerk, either in person or by registered 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. Section 22. Appeal fee. The Responsible Person seeking review of an Administrative Order must pay a fee of Twenty-Five Dollars ($25), or such other fee as may be established, to the San Bernardino County Superior Court. In the event that the court finds in favor of the Responsible Person, the District will refund this fee to the Responsible Person. Section 23. Failure to comply with Administrative Order or pay administrative fine. Failure to comply with an Administrative Order after it becomes final, or to pay an administrative fine or late payment charges, is a misdemeanor. Filing a criminal misdemeanor action does not preclude the District from using any other legal remedy available to gain compliance with an Administrative Order, or to collect any past-due administrative fine or late payment charges. Section 24. Remedies cumulative. The conviction and punishment of any person for failure to comply with the provisions of the Fire Code or District Ordinance shall not relieve such person from paying any tax, fee, penalty, or interest due and unpaid at the time of such conviction, nor shall payment prevent a criminal prosecution or imposition of a civil or administrative penalty for the violation of any of the provisions of this Ordinance. All remedies shall be cumulative, and the use of any one or more remedies by the District shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Ordinance. Section 25. Administrative penalties: Continuing violations -- Compliance orders. The administrative remedy provided in this Ordinance for any continuing violation of the Fire Code or District Ordinance related to building, electrical, mechanical or similar structural issues, that does not create an immediate danger to health or safety, may be exercised in place of, or in addition to, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable. If a violation is not prosecuted criminally, the District may proceed with civil or administrative proceedings pursuant to this Ordinance. Section 26. Compliance order. Whenever the Citing Official determines that there exists a continuing violation of any provision of the Fire Code related to building, electrical, mechanical or similar structural issues, that does not create an immediate danger to health or safety, the Citing Official shall issue or cause to be issued a written compliance order to any Responsible Person, and such order shall be served by the Citing Official as provided in this Ordinance. Section 27. Content of compliance order. A compliance order shall contain all of the following information: A. The date and location of the violation and the approximate time the violation occurred. Ordinance No. FD 45 Page 10 of 13 B. The Code or Ordinance section violated and a description of the violation. C. The action required to correct the violation and the date by which such action must be completed. Except as otherwise provided in this section, the date for compliance shall not be less than fourteen (14) days from the date the compliance order is served. D. The consequences of failing to correct the violation, including a description of the administrative hearing procedure and appeal process. E. The time period after which administrative fines will begin to accrue if there is not full compliance with the order. order. F. The amount of the fine that will be imposed if there is not full compliance with the G. The name and signature of the Citing Official. Section 28. Compliance order satisfied. A. If the Citing Official determines that all violations specified in the compliance order have been corrected within the time set forth in the order, no further action shall be taken against the Responsible Person regarding the violations. B. When a compliance order is issued, if the Responsible Person provides written notice that the violation has been corrected, and if the Citing Official finds compliance, the Citing Official shall deem the date the written notice was postmarked or personally delivered to the Citing Official to be the date the violation was corrected. If, however, a final inspection confirms compliance before mailing or personal delivery of a written notice, or if no written notice is provided, the date of final inspection shall be the date the violation was corrected. Section 29. Failure to comply -Administrative citation. If the Responsible Person fails to fully comply with the compliance order within the time specified therein, the Citing Official may issue an administrative citation as provided in this Ordinance. The issuance of the administrative citation does not obviate the Responsible Person's obligation to fully comply with the compliance order. Section 30. Decision of Administrative Hearing Officer following appeal. A. If an administrative citation is appealed by the Responsible Person and an Administrative Hearing is held as provided in this Ordinance, the Administrative Hearing Officer shall issue a written decision entitled "Administrative Order" no later than thirty (30) days after the date on which the administrative hearing concludes. The Administrative Hearing Officer shall make findings within the Administrative Order regarding the existence of the violation(s) specified in the compliance order, and regarding whether the Responsible Person took the required corrective action within the time period set forth in the compliance order. If the Administrative Hearing Officer concludes that the violation continues to exist, the Administrative Order shall set forth a schedule for correction. If the Administrative Hearing Officer determines Ordinance No. FD 45 Page 11 of 13 that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be canceled. If the Administrative Hearing Officer cancels the administrative citation, any fine deposited with the District shall be promptly refunded. The Administrative Order shall be served upon the Responsible Person personally or by mail consistent with Section 8. Service shall be deemed effective on the date of personal service or mailing. B. The Administrative Order shall impose administrative fines and costs as provided in this Ordinance. C. The Administrative Order shall become final on the date of service, and shall notify the Responsible Person of the right to appeal as provided in this Ordinance. The Administrative Order shall set a deadline for compliance with its terms in the event that the Responsible Person fails to file an appeal. Section 31. Administrative costs. The Administrative Hearing Officer shall assess against the Responsible Person administrative costs for any violation found to exist, or for any violation which was not timely corrected. The administrative costs include any and all costs incurred by the District in connection with prosecuting the violation, including but not limited to costs of investigation, staffing costs in preparation for the administrative hearing and for the hearing itself, attorneys' fees and costs and costs for all inspections necessary to enforce the compliance order and the Administrative Order. The Administrative Order shall specify the date by which the costs must be paid to the District. , Section 32. Collection of administrative fines and costs -- Lien procedure. A. If the Responsible Person fails to satisfy in full any assessed administrative fines and costs in a timely manner as prescribed in this Ordinance, and has either failed to appeal or unsuccessfully appealed the assessment, the District may recover the outstanding fines and costs by imposing a lien against the real property on which the violation occurred. B. Prior to recording the lien with the San Bernardino County Recorder's Office, the District Board or its designee shall conduct a hearing to hear any protest or objection to the lien. The Citing Official shall serve notice of the hearing upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing, and shall be served upon the owner of record by certified mail, return requested, and by first class mail, at least ten (10) days before the date of the hearing. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and by publication of the notice at least ten (10) days prior to the hearing in a newspaper of general circulation published in San Bernardino County and distributed within the District. C. If the District Board or its designee determines that the lien should be imposed, then the Citing Official shall prepare and file with the Finance Department a report stating the amount due and owing. Ordinance No. FD 45 Page 12 of 13 D. After the report is filed with the Finance Department, the Citing Official may cause the lien to be recorded with the County Recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien. E. The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in the Fire Code or in State law. The District may collect any past- duefines and costs by use of any available legal means. Section 33. Exclusive procedures. The procedures set forth in this Ordinance are the exclusive procedures applicable to enforcement of the Fire Code and District Ordinances. Any and all other penalty procedures previously adopted by the District are hereby repealed provided, however, that such repeal shall not affect or excuse any violation occurring prior to the effective date of this Ordinance. SECTION 2: Severability. The Board of Directors declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 3: The District Secretary shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. Please see the following page for formal adoption, certification and signatures Ordinance No. FD 45 Page 13 of 13 PASSED, APPROVED, AND ADOPTED this 15`" day of August 2007. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None w....~.i l~~<~-r...J Diane Williams, Mayor Pro Tem ATTEST: Debra J. Ada s Secretary I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 1 ~` day of August 2007 and was passed at a Regular Meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 15`h day of August 2007. Executed this 16'h day of August 2007 at Rancho Cucamonga, California. ebra J. a ,Secretary