HomeMy WebLinkAbout779 - OrdinancesORDINANCE NO. 779
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REVISING PENALTIES
AND REMEDIES FOR MUNICIPAL CODE VIOLATIONS,
ESTABLISHING AN ADMINISTRATIVE PENALTY
PROCEDURE, AND AMENDING TITLE 1 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
The City Council of the City of Rancho Cucamonga hereby ordains as follows:
SECTION 1: Chapter 1.12 of Title 1 of the Rancho Cucamonga Municipal Code
is hereby repealed provided, however, that such repeal shall not
affect or excuse any violation of any provision of the Rancho
Cucamonga Municipal Code occurring prior to the effective date of
this Ordinance.
SECTION 2: Anew Chapter 1.12 is hereby added to Title 1 of the Rancho
Cucamonga Municipal Code to read as follows:
"Chapter 1.12
"PENALTIES, ADMINISTRATIVE AND CIVIL REMEDIES, AND GENERAL PROVISIONS
Sections:
"1.12.010 Penalties and general provisions.
"1.12.020 Mandatory appearance required.
"1.12.030 Arrests and citations.
"1.12.040 Administrative penalties.
"1.12.050 Definitions.
"1.12.060 Administrative citation.
"1.12.070 Content of administrative citation.
"1.12.080 Procedure for serving administrative citation, compliance
order and notice.
"1.12.090 Administrative fine.
"1.12.100 Payment of administrative fine.
"1.12.110 Request for administrative hearing.
"1.12.120 Advance Deposit Hardship Waiver.
"1.12.130 Time for administrative hearing.
"1.12.140 Request for continuance of hearing.
"1.12.150 Appointment of Administrative Hearing Officer.
"1.12.160 Procedures at administrative hearing.
"1.12.170 Failure to attend administrative hearing.
"1.12.180 Decision of Administrative Hearing Officer.
"1.12.190 Late payment charges.
"1.12.200 Collection of administrative fine.
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"1.12.210 Appeal of decision of Administrative Hearing Officer.
"1.12.220 Appeal fee.
"1.12.230 Failure to comply with administrative order or pay administrative
fine.
"1.12.240 Remedies cumulative.
"1.12.250 Administrative penalties: Continuing violations -- Compliance
orders.
"1.12.260 Compliance order.
"1.12.270 Content of compliance order.
"1.12.280 Compliance order satisfied.
"1.12.290 Failure to comply -- Administrative citation.
"1.12.300 Decision of Administrative Hearing Officer following appeal.
"1.12.310 Administrative costs.
"1.12.320 Collection of administrative fines and costs --Lien procedure.
"1.12.010 Penalties and general provisions.
A. No person shall violate or fail to comply with any provision or requirement of this
Code or any other City Ordinance. Any person who shall violate or fail to comply with any
provision or requirement of this Code or any other City Ordinance, or a condition of any permit
issued pursuant to this Code or any other City 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 Chapter. 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 Chapter.
B. Any violation of any provision of this Code or any other City Ordinance may be
prosecuted as a misdemeanor unless otherwise provided in the Code, as an infraction, or as a
civil administrative action in the discretion of the City Attorney or City Prosecutor after
consultation with the City Manager.
C. Every day any violation of this Code or any other City Ordinance shall continue shall
constitute a separate offense.
D. Unless otherwise specifically provided in this Code or by the City Council, any person
guilty of a misdemeanor for violation of a provision of this Code 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 (ti) 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).
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Notwithstanding the foregoing, any person who has been convicted of violating any
provision of a building and safety code of the City, 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).
F. Notwithstanding any other provision of this Code, when a person under eighteen
years of age is charged with a violation of this Code, 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 this Code or any City Ordinance constitutes a
nuisance and may be abated by the City 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 City Council declares that, should any provision, section, paragraph, sentence or
word of this Code or City 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 this Code and such Ordinance shall
remain in full force and effect.
"1.12.020 Mandatory appearance required. Whenever any person is arrested for
any violation of this Code, 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.
1.12.030 Arrests and citations.
A. Pursuant to the provisions of State law, the City officers or employees designated by
the City Manager to 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 this
Code, or violation of any condition of any permit issued pursuant to this Code or violation of any
other City 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 for misdemeanors and citations for infractions shall be processed, issued and
handled as provided by State law.
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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 promise to appear,
as prescribed by Chapter 5(c), commencing with Section 853.5, of the Penal Code.
D. The officers and employees identified in subpart (a) of this section and any other
persons designated to do so by the City Manager shall have the concurrent authority to issue
administrative citations.
"1.12.040 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
this Code. The City Attorney or City Prosecutor shall have sole discretion to determine whether
a violation will be prosecuted criminally.
"1.12.050 Definitions. The following words and phrases, when used in the context
of this Chapter, shall have the following meanings:
A. Building Official means the Building and Safety Official of the City of Rancho
Cucamonga, or the Building Official's designee.
B. Citing Official means any officer or employee authorized by the City Manager
to issue citations, and subject to Section 1.12.030 of this Code.
C. 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.
D. City Manager means the City Manager of the City of Rancho Cucamonga, or the City
Manager'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 this Code. Responsible Person includes but is not limited to
any person, business, organization, corporation, or other entity having an ownership or
possessdry 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 this Code to occur or be
maintained.
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"1.12.060 Administrative citation. Any person violating or who has violated any
section of this Code that is subject to this Chapter may be issued an administrative citation by a
Citing Official as provided in this Chapter.
"1.12.070 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 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 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 Official.
"1.12.080 Procedure for serving administrative citation, compliance order and
notice.
Except as provided below or elsewhere in this Chapter, the Citing Official shall issue an
administrative citation on a form approved by the City Manager, 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 City in which the
Responsible Person has a Legal Interest and, when so posted, shall be deemed effective
service as of that date.
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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.
"1.12.090 Administrative fine.
A. For any violation of this Code deemed to be an infraction and for which there is no
specific administrative penalty established in this Code, by the City Council, 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 this Code within a twelve month period; and Five Hundred
Dollars ($500.00) for each additional violation of the same provision of this Code within a twelve
month period provided, however, that said fines shall be increased to One Hundred Dollars
($100.00), Five Hundred Dollars ($500.00), and One Thousand Dollars ($1000.00), respectively,
where the infraction is a violation of a building and safety code of the City.
For any violation of this Code 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 City.
"1.12.100 Payment of administrative fine. The fine imposed pursuant to this
Chapter for a particular violation and for any subsequent violation of the same Code section,
shall be in the amount set forth in Section 1.12.090, an adopted administrative penalty
schedule, or otherwise as established by resolution of the City Council. The administrative fine
shall be paid to the Finance Department within twenty (20) days from the date of service of the
administrative citation. If, after a hearing requested pursuant to this Chapter, 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 Chapter.
"1.12.110 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 Chapter. 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 Chapter 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.
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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 1.12.080, at least five (5) days before the date of the hearing.
"1.12.120 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 Chapter 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
1.12.080. 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.
"1.12.130 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.
"1.12.140 Request for continuance of hearing. The Responsible Person
requesting a hearing may request one continuance, and the City 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.
"1.12.150 Appointment of Administrative Hearing Officer. The City Manager
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 other legal or administrative proceeding, be
the Administrative Hearing Officer.
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Page 8 of 13
"1.12.160 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 City bears the burden of proof at an administrative hearing to establish a violation of the
Municipal Code. 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.
"1.12.170 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.
"1.12.180 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 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. The Administrative Order shall be
served upon the Responsible Person, personally or by mail consistent with Section 1.12.080.
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 Chapter.
"1.12.190 Late payment charges. Any person who fails to pay to the City, on or
before the due date, any administrative fine imposed pursuant to the provisions of this Chapter,
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..
"1.12.200 Collection of administrative fine. The City 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 Chapter.
"1.12.210 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.
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Page 9 of 13
"1.12.220 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 City will refund this fee to the Responsible Person.
"1.12.230 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 charge, is a misdemeanor. Filing a criminal misdemeanor
action does not preclude the City 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.
"1.12.240 Remedies cumulative. The conviction and punishment of any person for
failure to comply with the provisions of this Chapter 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 Chapter. All remedies shall be cumulative, and the use
of any one or more remedies by the City shall not bar the use of any other remedy for the
purpose of enforcing the provisions of this Chapter.
"1.12.250 Administrative penalties: Continuing violations -- Compliance
orders. The administrative remedy provided in this Chapter for any continuing violation of this
Code related to building, plumbing, electrical, mechanical or similar structural or zoning 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 City may proceed with civil or
administrative proceedings pursuant to this Chapter.
"1.12.260 Compliance order. Whenever the Citing Official determines that there
exists a continuing violation of any provision of this Code related to building, plumbing,
electrical, mechanical or similar structural or zoning 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 Chapter.
"1.12.270 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.
B. The Code 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.
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Page 10 of 13
E. The time period after which administrative fines will begin to accrue if there is not full
compliance with the order.
F. The amount of the fine that will be imposed if there is not full compliance with the
order.
G. The name and signature of the Citing Official.
"1.12.280 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.
"1.12.290 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 Chapter. The issuance of the
administrative citation does not obviate the Responsible Person's obligation to fully comply with
the compliance order.
"1.12.300 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 Chapter, 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 Offcer determines
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 City shall be promptly refunded. The
Administrative Order shall be served upon the Responsible Person personally or by mail
consistent with Section 1.12.080. Service shall be deemed effective on the date of personal
service or mailing.
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Page 11 of 13
B. The Administrative Order shall impose administrative fines and costs as provided in
this Chapter.
C. The Administrative Order shall became final on the date of service, and shall notify
the Responsible Person of the right to appeal as provided in this Chapter. The Administrative
Order shall set a deadline for compliance with its terms in the event that the Responsible
Person fails to file an appeal.
"1.12.310 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 City 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 City.
"1.12.320 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 Chapter, and has either failed to appeal or
unsuccessfully appealed the assessment, the City 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 City
Council 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 City.
C. If the City Council 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.
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 this Code or in State law. The City may collect any past-due
fines and costs by use of any available legal means.
Ordinance No. 779
Page 12 of 13
SECTION 3: Severability. The City Council 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 4: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published as required by law.
Please see [he /ollow/ng page
/or formal atloption, cert!/ication and signatures
Ordinance No. 779
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
Diane Williams, Mayor Pro Tem
ATTEST:
ra J. Ad ,CMC, City Cler
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 15' day of August 2007, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
15'" day August 2007.
Executed this 16'" day of August 2007, at Rancho Cucamonga, California.
ra J. Ad ,CMC, City Clerk