Resolution No. 2011-195RESOLUTION NO. 2011-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ESTABLISHING AND ADOPTING AN ADMINISTRATIVE
CITATION AND CIVIL PENALTIES FEE SCHEDULES PURSUANT
TO CHAPTER 1, SECTIONS 1.8-1, 1.8-2, 1.8-3, 1.8-4
AND 1.8-5 OF THE CODE OF THE CITY OF VERNON,
CALIFORNIA 1959
WHEREAS, on November 15, 2011, the City Council of the City
of Vernon will adopt Ordinance No. 1189 amending Chapter 1 of the
Vernon City Code by adding Sections 1.8-1, 1.8-2, 1.8-3, 1.8-4 and
1.8-5 to provide administrative remedies for violations; and
WHEREAS, the Director of Community Services & Water by memo
dated October 4, 2011, has recommended that the fees for
administrative citations and civil penalties be established setting
forth the fines for violations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
establishes the administrative citation fees as set forth in the
schedule attached hereto as Exhibit A.
SECTION 2: The City Council of the City of Vernon hereby
establishes the civil penalties as set forth in the schedule attached
hereto as Exhibit B.
SECTION 3: The fees provided for herein shall be effective
December 16, 2011, and all resolutions, or parts of resolutions, not
consistent with or in conflict with this Resolution are hereby
repealed.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 15th day of November, 2011.
o i
Name: Hilario Gonzales
Title: Mayor /` ayo m�
2
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-195, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, November 15, 2011, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this /% day of November, 2011, at Vernon, California.
(SEAL)
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 17, 2011
TO: Rory Burnett, Finance Director/City Treasurer
Daniel Calleros, Interim Police Chief
Kristen Enomoto, Council Department Manager
Carlos Fandino, Director of Light & Power
Masami Higa, Assistant Finance Director
Alex Kung, Senior Accounting Manager
Joaquin Leon, Deputy City Treasurer
Lewis Pozzebon, Director of Health & Environmental Control
James Rodino, Police Captain
Martha Valenzuela, Director of Personnel/Business Services
Mark Whitworth, City Administrator/Fire Chief
Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2011-195 —A Resolution of the City Council of the City of Vernon
Establishing and Adopting an Administrative Citation and Civil Penalties Fee Schedules
Pursuant to Chapter 1, Sections 1.8-1, 1.8-2, 1.8-3, 1.8-4 and 1.8-5 of the Code of the City
of Vernon, California 1959
Transmitted herewith is a copy of Resolution No. 2011-195 referenced above, which was approved by
City Council on November 15, 2011.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Resolution No. 2011-195
Ordinance No. 1189
RECEIVED
OCT 0 5 2011
CITY CLERK'S OFFICE
STAFF REPORT
OCT 0 5 2011
CITY ADMINISTRATION
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: October 4, 2011
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: Administrative Code Enforcement Ordinance
City Staff of the Community Services, Health and Fire Departments have been working with the City
Attorney's office for a number of years on the development of a City Code amendment that will set forth
provisions for a code enforcement process. Attached herewith is an ordinance that has been approved by the
City Attorney's office establishing Sections 1.81, 1.82, 1.83, 1.84 and 1.85. City staff in the past has on
occasion had great difficulty in obtaining compliance from certain property owners and or their occupants for
code violations. City staff believes that by providing a toolbox of enforcement actions, that can be used by the
City's inspectors and other authorized staff, it will be able to achieve compliance in a much more expedited and
efficient manner. Currently staff is limited in its ability to obtain code compliance and in the end must rely on
the City Attorney's office for prosecution of violators. The new provisions would,permit City staff to issue
citations that will carry with them a monetary penalty for the specific code violation. Please be advised that
nothing in this proposed amendment to the code would preclude the City from maintaining its right to
criminally prosecute any person violating the City Code.
Section 1.81 sets forth the definitions and hearing procedures if an appeal of a compliance order or
citation is requested by the violator.
Sections 1.8.2 establishes administrative enforcement through a compliance order procedure. The
compliance ogler is in essence a warning notice giving a person violating a code section a written correction
notice outlining what the violation is, how it can be corrected, establishes the amount of time to correct the
violation and what the consequences may be if the violation is not corrected within the given time frame.
Section 1.8.3 sets forth an Administrative Enforcement Citation process. This would permit a City
employee the ability to give any person that violates the City Code an administrative citation. Each and every
day that the violation exists would constitute a separate and distinct violation. The citation would impose a fine
for the violation as established by a schedule adopted by the City Council.
Section 1.8.4 sets forth a Civil Penalties process. This provision would permit the City to issue
additional fines in the form of penalties up to $2,500 per day, but not to exceed $100,000 annually. The Civil
penalty is seen as a last resort to gain compliance. Given the sum of the potential penalties it will provide a
monetary incentive for the person violating the City Code to correct the violation expeditiously. These
provisions will more than likely only be used when a person violating the code is defiant in his actions or has
been grossly negligent resulting in an extreme life safety concern or eminent threat to the environment
Section 1.8.5 establishes a procedure to abate public nuisances. These nuisances include a violation of
the City Code, not properly securing a destroyed or abandoned building, interference with established drainage
patterns, lack of repair of broken windows, failure to maintain overgrown vegetation, allowance of the
accumulation of trash„ construction debris that has not been properly stored, the unlawful release or storage of
unauthorized hazardous materials, unlawful encroachment into the public right of way or any other condition
declared by the State or County to be a public nuisance.
In addition the City Attorney's office has prepared a resolution, also attached herewith, establishing a
schedule of fines for citations and a guidance matrix for establishing the amount of a civil penalties per
violation.
On October 3, 2011 the City held a workshop to discuss the proposed code enforcement provisions.
Approximately 2,300 letters were mailed to property owners and businesses within the community inviting
them to the workshop and or requesting that they provide written comments regarding the proposed provisions.
The City received one written comment requesting that the provisions not be adopted to prevent over regulation.
Approximately 15 individuals attended the workshop that was hosted by the City. At this workshop the City
described in detail the proposed code provisions and the methodology that the departments will utilize in
implementing the new enforcement provisions. After the initial presentation by staff, the workshop was opened
for discussion. Several questions were asked and responded to by City Staff. At the end of the workshop City
Staff requested comments or suggestions on the proposed ordinance provisions and the resolution establishing
the fines. No one in the audience provided any negative comments on the proposed ordinance or resolution nor
did any one suggest any modifications to the proposed language.
It is recommended that the City Council adopt the Administrative Code Enforcement Ordinance and at
the second reading of the ordinance adopt the Resolution establishing administrative citation fees and penalties.
M",
ORDINANCE NO. 1189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON ESTABLISHING ADMINISTRATIVE ENFORCEMENT
PROVISIONS AND NUISANCE ABATEMENT PROCEDURES AND
AMENDING THE VERNON CITY CODE TO ALLOW FOR
ADMINISTRATIVE COMPLIANCE ORDERS, ADMINISTRATIVE
CITATIONS, CIVIL PENALTIES AND NUISANCE ABATEMENT
PROCEEDINGS
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: Chapter 1 of the Vernon City Code is hereby
amended by adding "Section 1.8-1 Administrative Enforcement - Scope and
Definitions to read as follows pursuant to Government Code §53069.4:
"Sec. 1.8-1. Administrative Enforcement - Scope,
Definitions, and Hearing Procedures
(a) Scope. Sections 1.8-2, 1.8-3, 1.8-4, and 1.8-5 provide
for administrative remedies in addition to Sections 5.68 through 5.70,
5.99 through 5.104; for violations of certain provisions of this code,
except that with respect to the provisions set forth in Sections 10.11
through 10.13, 11.3.4, 11.3.5, 12.2, 13.26, 13.45, 13.46, in Sections
21.6.1 through 21.6.6, in Sections 25.107 through 25.109, in Section
26.9.1.9 and Chapters 7, 8 and 18, or any other existing provision of
the Vernon City Code in conflict with Section 1.8-1, the Director, or
Appropriate Enforcement Official, may elect to, at its discretion,
proceed either under this Chapter 1 or under said latter provisions or
both so long as not inconsistent. Administrative remedies may be
pursued in lieu of any other legal remedy, criminal or civil, which may
be pursued by the City to address any violation of this Code. The City
Attorney, City Prosecutor, or any Assistant City Attorney or Assistant
City Prosecutor, -or designated special counsel, has sole discretion to
determine whether a violation will be prosecuted criminally. If a
violation is not criminally prosecuted, the City may pursue
administrative enforcement of this Code pursuant to sections 1.8-2,
1.8-3, 1.8-4, and 1.8-5 of this Code.
(b) Definitions. For purposes of Sections 1.8-2, 1.8-3,
1.8-4, and 1.8-5, the following words and phrases shall have the
following meanings and provide the following procedures, unless the
context otherwise requires:
(1) Designee: Means a person authorized by a
Responsible Entity or Party, or by the Director or Enforcement Official,
to act on its behalf for purposes of administrative enforcement.
(2) Director: means each of the Director of Community
Services, the Director of Environmental Health, the Chief of the Fire
Department and the Chief of the Police Department, individually.
(3) Enforcement Official: means any person authorized to
enforce the provisions of the Vernon City Code, including but not
limited to City Attorney, City police, fire officials, employees of the
Department of Community Services, employees of the Health and
Environmental Control Department, code enforcement officers, and any
other person authorized by the City Attorney.
(4) Legal Interest3 means any interest that is
represented by a deed, deed of trust, lease, rental agreement, judgment
lien, tax or assessment lien, mechanic's lien or other similar
instrument that is recorded with the county recorder, including but not
limited to, the county tax assessor's roll.
(5) Responsible Person or Entity: means any person whom
the Director or Enforcement Official determines is responsible for
causing or maintaining- a violation- of this Code_.-__The__term --"Responsible
-- --
Person" includes but is not limited to a property owner, tenant,
2
occupant, person with another legal interest in real property, person
in possession of real property, or a designated legal representative.
The pronoun "it" shall include male and female genders.
(6) Service: means the delivery of a compliance order,
administrative citation, civil penalty notice and order, or notice to
abate as follows:
(i) If the Responsible Person is a corporation,
the Director or Enforcement official, or his or her designee, may
personally, serve any one of the following individuals, and shall
attempt to obtain the signature of that individual on any compliance
order, administrative citation, civil penalty notice and order, or
notice to abate, the president or other officer of the corporation, a
general manager, or an agent authorized by the corporation to receive
service of process in a civil action. In the alternative, if the
office address of any of the above -listed individuals is known to the
City, the compliance order, administrative citation, civil penalty
notice and order, or notice to abate, may be mailed to that address by
certified mail, return receipt requested, and also delivery by first
class mail. Notwithstanding that if delivery by certified mail is
refused or returned unsigned, such notice by regular mail shall be
deemed sufficient for purposes of this section.
(ii) If the responsible person is a limited
liability company, the director or enforcement official, or his or her
designee, may personally serve the managing member or other manager of
the business, and shall attempt to obtain the signature of that
individual on any compliance order, administrative citation, civil
penalty notice and_order,_or_notic_e_to abate,--the-president-or other_officer of the corporation, a general manager, or an agent authorized
3
by the corporation to receive service of process in a civil action.
In the alternative, if the office address of any of the above -listed
individuals is known to the City, the compliance order, administrative
citation, civil penalty notice and order, or notice to abate, may be
mailed to that address by certified mail, return receipt requested, and
also delivery by first class mail. Notwithstanding that if delivery by
certified mail is refused or returned unsigned, such notice by regular
mail shall be deemed sufficient for purposes of this section.
(iii) If the Responsible Person is a business
other than a corporation, or limited liability company, the Director or
Enforcement Official, or his or her designee, may personally serve the
general partner, if a partnership, or business owner or manager of the
business, and shall attempt to obtain the signature of that individual
on any compliance order, administrative citation, civil penalty notice
and order, or notice to abate. In the alternative, the compliance
order, administrative citation, civil penalty notice and order, or
notice to abate shall be mailed to the business address by certified
mail, return receipt requested, and also by first class mail.
Notwithstanding that if delivery by certified mail is refused or
returned unsigned, such notice by regular mail shall be deemed
sufficient for purposes of this section.
(iv) If the Responsible Person is doing business
as an individual, the Director or Enforcement Official, or his or her
designee, may personally serve that individual, or manager of the
business, and shall attempt to obtain the signature of the recipient on
any compliance order, administrative citation, civil penalty notice and
order, or notice to abate. In the alternative,__the_compliance_order_,. __—
administrative citation, civil penalty notice and order, or notice to
M
abatement shall be mailed by certified mail, return receipt requested,
and also by first class mail. Notwithstanding that if delivery by
certified mail is refused or returned unsigned, such notice by regular
mail shall be deemed sufficient for purposes of this section.
(v) If a responsible person or person served
refuses or fails to sign the compliance order, administrative citation,
civil penalty notice and order, or notice of abatement, the failure or
refusal to sign shall not affect the validity of the compliance order,
administrative citation, civil penalty notice and order, or notice to .
abate, or of subsequent proceedings.
(vi) If the Director or Enforcement Official, or
his or her designee, does not succeed in serving the Responsible Person
by any of the methods detailed above, the Director or Enforcement
Official, or his or her designee, shall post the compliance order,
administrative citation, civil penalty notice and order, or notice of
abatement 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. If the City has no
knowledge that the Responsible Person has a Legal Interest in any real
property within the City, the Director or Enforcement Official, or his
or her designee, shall cause the compliance order, administrative
citation, civil penalty notice and order, or notice of abatement to be
published for four successive weeks in the City's newspaper designated
for publishing public notices, which shall be deemed effective service.
(c) Hearing and Appeal procedures:
(1) Request for administrative hearing. A Responsible
Person to whom a compliance_o_rder,_administrative_citation,__or civil --
penalty notice and order is issued, its, designee, may contest the
R
compliance order, administrative citation, or civil penalty notice and
order no later than 30 days from the date of service by (1) completing
a City approved request for hearing form and returning it to the
Department specified on the compliance order, administrative citation,
or civil penalty notice and order; and (2) either deposit the
administrative citation amount or civil penalty amount with the City or
Provide notice that a request for an advance hardship waiver deposit
has been filed pursuant to section 1.8-1(c)(2). A request for hearing
form may be obtained from the Department specified in the compliance
order, administrative citation, or civil penalty notice and order.
Notices shall be mailed to the address designated on the request for
hearing form.
(2) Advance hardship waiver deposit. A Responsible
Person, or designee, which requests a hearing to contest a compliance
order, administrative citation, or civil penalty notice and order and
whose business entity is financially unable to deposit the
administrative citation amount or civil penalty amount as required in
section 1.8-1(c) may file a request for an advance deposit hardship
waiver. The request shall be filed with the Department of Finance on
an advance deposit hardship waiver application form, available from the
Department of Finance, no later than 30 days after service of the
compliance order, administrative citation, or civil penalty notice and
order. The Director of Finance may issue an advance deposit hardship
waiver only if the person requesting the waiver submits to the Finance
Director a sworn affidavit, together with any supporting documents,
demonstrating to the satisfaction of the Finance Director the business
entity's financial inability _to_deposit _with __the -City -the full amount
of any citation amount or civil penalty amount in advance of the
G
hearing. The Finance Director shall issue a written decision granting
or denying the request for the waiver within fifteen calendar days
after receiving the application for the waiver. Any decision to deny
the waiver application shall specify the reasons for the denial. The
decision shall be served upon the person requesting the waiver by
certified mail, return receipt requested. If the Finance Director
denies the application for the waiver, the Responsible Person, or
designee, shall remit the full amount of any citation or civil penalty
to the City within ten days of receipt of the Finance Director's
written decision. Failure to submit the full amount of any citation or
civil penalty within the ten day period shall invalidate the request
for administrative hearing.
(3) Time for administrative hearing. After a request
for hearing form is filed, and the Responsible Person, or designee,
requesting the hearing has either deposited the citation amount or
civil penalty amount in full or obtained an advance deposit hardship
waiver, the City shall set the date and time for an administrative
hearing. The hearing shall be set for a date not less than 15 days nor
more than 60 days after the request for hearing form is filed and the
citation amount or civil penalty amount, or advance deposit hardship
waiver if issued, is deposited with the City. The City shall send
notice of the date, time, and place of the hearing to the person
requesting the hearing by certified mail, return receipt requested, at
least ten days before the date of the hearing. Any documentation,
other than the compliance order, administrative citation, or civil
penalty notice and order, which the Director or Enforcement Official
has submitted or will s_ubmit_to_the hearing officer -shall- be --served on
the person requesting the hearing by certified mail, return receipt
VA
requested, at least five days before the date of the hearing.
(4) Request for continuance of hearing. The
Responsible Person, or designee, may request one continuance, but in no
event may the hearing begin later than 90 days after the request for
hearing form is filed, and the citation amount or civil penalty amount
is deposited or an advance deposit hardship waiver if issued, with the
City.
(5) Appointment of administrative hearing officer.
The City Attorney, or designee, shall establish procedures for the
selection of an administrative hearing officer. Administrative hearing
officers shall be selected in a manner that avoids the potential for
pecuniary or other bias. In no event shall the administrative hearing
officer be the Director or the Enforcement Official who issued the
compliance order, administrative citation, or civil penalty notice and
order. The compensation, if any, of the administrative hearing officer
shall be paid by the City. Compensation shall not be directly or
indirectly conditioned upon whether or not the compliance order,
administrative citations, or civil penalty notice and order is
sustained by the administrative hearing officer.
(6) Procedures at administrative hearing.
In the event that the Director or Enforcement Official will seek
fines in excess of $100,000.00 then the California Administrative
Procedures Act will apply. Otherwise, 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
its' case, to cross-examine witnesses and to argue its, position.
The City bears the burden of proof -at an administrative -hearing -to -
establish a violation of the City Code. The compliance order,
E
administrative citation, or civil penalty notice and order, and any
additional reports submitted by the Director or Enforcement Official
shall constitute prima facie evidence of the facts contained in those
documents. The administrative hearing officer must use preponderance
of evidence as the standard of evidence in deciding the issues.
(7) Failure to attend administrative hearing. If the
Responsible Person, or his or her representative, fails to attend the
scheduled hearing, the hearing will proceed without the Responsible
Person, or his or her representative, and the Responsible Person will
be deemed to have waived his or her right to participate in an
administrative hearing. Notwithstanding this waiver and the time
limits set forth in section 1.8-1(c)(3), if service of the compliance
order, administrative citation, or.civil penalty notice and order is
made by posting on real property and the Responsible Person, or
designee, provides verifiable and substantial evidence that removal of
the notice from the property by an unknown third party caused the
Responsible Person's failure to timely request an administrative
hearing, the Responsible Person shall be entitled to an administrative
hearing.
(8) Decision of administrative hearing officer. No
later than 30 days after the date on which the administrative hearing
concludes the administrative hearing officer shall issue a written
decision to uphold or cancel the compliance order, administrative
citation, or civil penalty notice and order. The administrative
hearing officer shall set forth the findings supporting the decision.
The decision shall be served upon the Responsible Person, or designee,
by certified mail, return receipt_requested,_at_the addressdesignated
on the request for hearing form. If the administrative hearing officer
C
sustains the compliance order, administrative citation, or civil
penalty notice and order, the City shall retain any applicable citation
amount or civil penalty amount deposited by the Responsible Person. If
the administrative hearing officer sustains the compliance order,
administrative citation, or civil penalty notice and order, and any
applicable citation amount or civil penalty amount has not been
deposited pursuant to an advance deposit hardship waiver, the
administrative hearing officer shall specify in the decision a payment
schedule for any applicable citation amount or civil penalty amount.
If the administrative hearing officer quashes the compliance order,
administrative citation, or civil penalty notice and order, any
applicable citation amount or civil penalty amount deposited with the
City shall be promptly refunded. The administrative hearing officer's
written decision is final, and notice of the decision shall also inform
the Responsible Person of its, right to appeal, as provided in section
1.8-1(c)(10).
(9) Administrative costs. The administrative hearing
officer shall assess against the cited entity administrative costs for
any compliance order, administrative citation, or civil penalty notice
and order that is upheld. The administrative costs include any and all
costs incurred by the City in connection with investigating the
violation for which the compliance order, administrative citation, or
civil penalty notice and order was issued, and issuing and processing
the compliance order, administrative citation, or civil penalty notice
and order, including, but not limited to, investigative costs, staffing
costs for preparing and conducting the administrative hearing and the
cost of -the -administrative -hearing officer,_ The decision _upholding _the - --
compliance order, administrative citation, or civil penalty notice and
10
order shall specify the amount of administrative costs and the date by
which the costs must be paid to the City.
(10) Appeal of decision of administrative hearing
officer. Within 10 business days after service of the decision of the
administrative hearing officer upon the Responsible Person, or designee,
it may seek review of the decision by filing a notice of appeal with
the City Council. The Responsible Person, or designee, shall serve
upon the City Clerk either in person or by certified mail, return
receipt requested, a copy of the notice of appeal. If the Responsible
Person, or designee, fails to timely file a notice of appeal, the
administrative hearing officer's decision shall be final. An appeal to
the City Council shall be conducted as provided for in Section 5(i).
SECTION 2: Chapter 1 of the Vernon City Code is hereby
amended by adding "Section 1.8-2 Administrative Enforcement -
Compliance Orders, to read as follows:
"Sec. 1.8-2. Administrative Enforcement - Compliance Orders
(a) Compliance order. Whenever the Director or the
Director's designee determines that there exists a continuing violation
of any provision of this Code, the Director or the Director's designee
may issue or cause to be issued a written compliance order to any
Responsible Person.
(b) Content of compliance order. A compliance order shall
contain all of the following information:
(1) The date, approximate time, and location of the
violation observed.
(2) The City Code section violated, and a description
of in what way the section was violated._
11
(3) The action required to correct the violation and
the date by which such action must be completed. The date for
compliance shall not be less than five (5) business days from the date
the compliance order is served.
(4) The consequences of failing to correct the
violation, including a description of the Hearing and Appeal procedures
as provided by Section 1.8-1(c) of this Code.
(5) The time period after which administrative
penalties will begin to accrue if there is no compliance with the order.
(6) The amount of the penalty that will be imposed if
there is no compliance with the order.
(7) Notice that a violation of the Vernon City Code is
also a misdemeanor and is punishable by a fine of not more than one
thousand dollars ($1000) or by imprisonment in the County jail of not
more than six months, or by both such fine and imprisonment as provided
in Section 1.8 of this Code.
(c) Procedure for serving a compliance order. The Director,
or the Director's designee, shall serve or cause a compliance order to
be served as provided in Section 1.8-1(b)(5) of this Code.
(d) Compliance order satisfied. If the Director or the
Director's designee 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 violation(s).
(e) Failure to comply with compliance order. If the
Responsible Person fails to correct each violation identified in the
compliance order within the time specified in -the compliance order, the
City may use any other legal remedy available to gain compliance with
12
the compliance order. Additionally, no actions undertaken in this
section shall preclude the City from criminally prosecuting any
responsible person for any violation that has not been corrected within
the time specified in the compliance order.
SECTION 3: Chapter 1 of the Vernon City Code is hereby
amended by adding "Section 1.8-3 Administrative Enforcement -
Citations" to read as follows:
"Sec. 1.8-3. Administrative Enforcement - Citations"
(a) Administrative Citation. Any person violating any
section of this Code may be issued an administrative citation by an
Enforcement Official as provided in this section. Each and every day a
violation of any provision of this Code exists constitutes a separate
and distinct violation.
(b) Content of administrative citation. An administrative
citation shall contain all of the following information:
(1) The date and location of the violation and the
approximate time the violation occurred.
(2) The Code section violated and a description of in
what way the section was violated.
(3) The amount of the fine imposed for the violation,
and the time within which and the place at which the fine shall be paid.
violation.
(4) An order prohibiting another occurrence of the Code
(5) A description of the administrative Hearing and
Appeal procedures as provided by Section 1.8-1(c) of this Code,
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.
13
Official.
(6) The name and signature of the citing Enforcement
(c) Procedure for serving administrative citation. An
Enforcement Official, or designee, may issue an administrative citation,
on a form
approved by the City Administrator, to a Responsible Person, as
provided in the Service provisions set forth in Section 1.8-1(b)(5) of
this Code.
(d) Administrative fine. The fine imposed pursuant to this
Section 1.8-3 for a particular violation shall be in the amount set
forth in the administrative citation schedule established by resolution
of the City Council. The administrative citation schedule shall
specify the amount of any late payment charges imposed for failure to
timely pay the fine.
(e) Payment of administrative fine. The administrative fine
shall be paid to the City within 30 days from the date of service of
the administrative citation. If, after a hearing requested pursuant to
section 1.8-3(f), the hearing officer determines that the
administrative citation should be cancelled, the administrative fine
shall be refunded in accordance with section 1.8-1(c)(8) of this Code.
(f) Hearing and Appeal. Any Responsible Person may make a
request for a Hearing and Appeal pursuant to the provisions of Section
1.8-1(c) of this Code.
(g) Late payment charges. Any person who fails to pay to
the City on or before the due date any administrative fine imposed
pursuant to this Code or any administrative costs imposed by an
administrative hearing officer, _,shall be _liable for the payment of any
applicable late payment charges set forth in the administrative
14
citation schedule established by resolution of the City Council.
Failure to pay such fine or administrative costs shall be a violation
of this Code.
(h) Collection of administrative fine. The City may collect
any past -due administrative fine, administrative costs reimbursement,
or late payment
charge
through use of any available
legal remedy.
(i)
Failure
to pay administrative fine.
Failure to pay an
administrative fine imposed by this Code or any administrative costs
imposed by an administrative hearing officer is a violation of this
Code -and is a misdemeanor. Filing a criminal misdemeanor action does
not preclude the City from using any other legal remedy available to
gain compliance.
SECTION 4: Chapter 1 of the Vernon City Code is hereby
amended by adding "Section 1.8-4 Administrative Enforcement - Civil
Penalties" to read as follows:
"Sec. 1.8-4. Administrative Enforcement - Civil Penalties"
(a) Purpose and Intent. The City Council finds that there
is a need for alternative methods of enforcement of the Vernon City
Code. The City Council further finds that the assessment of civil
penalties for code violations is a necessary additional method of code
enforcement which will augment the city's existing code enforcement
remedies. The administrative assessment of civil penalties established
in this Section is in addition to any other administrative or judicial
remedy established by law which may be pursued to address violations of
the City Code.
15
(b) Authority.
(1) Any person violating any provision of the City Code
may be subject to the assessment of civil penalties pursuant to the
administrative procedures provided in this Section.
(2) Each and every day a violation of any provision of
this Code exists constitutes a separate and distinct violation.
(3) Civil penalties may be directly assessed by means
of a notice and order issued by the Enforcement Official.
(4) Civil penalties for violation of any provision of
this Code shall be assessed at a daily rate determined by the
Enforcement Official pursuant to the criteria listed in Section 1.8-
4(d) of this Section. The maximum penalty shall be two thousand five
hundred dollars ($2,500) per violation per day. The maximum amount of
civil penalties shall not exceed one hundred thousand dollars
($100,000) annually for any series of violations.
(c) Procedures - Notice and order.
(1) whenever the Enforcement Official determines that a
violation of one or more provisions of this Code has occurred and
continues to exist, a written civil penalties notice and order may be
issued to the Responsible Person and/or its business entity as provided
in the Service provisions set forth in Section 1.8-1(b)(5) of this Code.
(2) The notice and order shall identify all Code
sections violated and describe, in reasonable detail, in what way each
section is being violated.
(3) The notice and order shall identify any dates,
locations, and approximate times that any violations were observed.
(4) Thenoticeand _order shall describe all remedial -
action required to permanently correct outstanding violations and
16
demand that the Responsible Person and/or its business entity cease and
desist from further action causing the violations and commence and
complete all action to correct the outstanding violations under the
guidance of the appropriate City departments.
(5) The notice and order shall establish a daily amount
of civil penalties as determined by the Enforcement Official pursuant
to the criteria listed in Section 1.8-4(d) of this Section.
(6) The notice and order shall identify a date when the
civil penalties began accruing, impose an ongoing assessment of
penalties for continuing violations until the violations are corrected,
and shall establish a date by which the civil penalty must be paid. If,
after a hearing pursuant to Section 1.8-4(f), the hearing officer
determines that the civil penalty should be cancelled, the payment
shall be refunded in accordance with Section 1.8-1(c)(8) of this Code.
(7) The notice and order shall specify that the
administrative assessment of civil penalties established in this
Section is in addition to any other administrative or judicial remedy
established by law which may be pursued to address violations of the
City Code.
(8) The notice and order shall provide notice of the
Hearing and Appeal procedures set forth in Section 1.8-1(c) of this
Code.
(9) The notice and order shall identify the factors
used by the Enforcement Official in determining the duration and the
daily amount of civil penalties.
(d) Determination of civil penalties.
(1) In determining the date when civil penalties begin
to accrue, the Enforcement Official may consider the date when the City
17
first discovered the violations as evidenced by the issuance of a
notice of violation or any other written correspondence.
(2) The assessment of civil penalties shall end when
all action required by the notice and order has been completed.
(3) In determining the amount of the daily civil
penalty, the Enforcement Official may consider some or all of the
following factors: (i) the duration of the violation; (ii) the
frequency or recurrence of the violation; (iii) the seriousness of the
violation; (iv) the history of the violation; (v) the Responsible
Person's conduct after issuance of the notice and order; (vi) the
reasonable and good faith effort by the Responsible Person to comply;
(vii) the economic impact of the penalty on the Responsible Person;
(viii) the impact of the violation upon the community; (ix) any other
factors that justice may require.
(4) The Enforcement Official has the authority to
establish a penalty schedule to use as a guideline in determining the
amount of civil penalties to be assessed in each individual case. The
Enforcement Official shall also establish criteria and procedures for
the application of this penalty schedule.
(e) Failure to comply with the civil penalty notice and
order. Upon the failure of the Responsible Person, or its business
entity, to comply with the terms and deadlines set forth in the civil
penalty notice and order, the Enforcement Official may use all
appropriate legal means to recover the civil penalties and obtain
compliance, including injunctive relief in a court of competent
jurisdiction.
(f) _Hearing and Appeal.- Any Responsible Person -may -make -a
request for a Hearing and Appeal pursuant to the provisions of Section
W.
1.8(c) of this Code.
(g) Late payment charges. Any Responsible Person, or entity,
who fails to pay to the City on or before the due date any civil
penalty imposed pursuant to this Code or any administrative costs
imposed by an administrative hearing officer, shall be liable for the
payment of any applicable late payment charges set forth in the penalty
schedule established by resolution of the city council. Failure to pay
such civil penalty or administrative costs shall be a violation of this
Code.
(h) Collection of civil penalties. The City may collect any
civil penalties, administrative cost reimbursement, through use of any
available legal remedy.
(i) Failure to pay a civil penalty. Failure to pay a civil
penalty imposed by this Code or any administrative costs imposed by an
administrative hearing officer is a violation of this Code and is a
misdemeanor. Filing a criminal misdemeanor action does not preclude
the City from using any other legal remedy available to gain compliance.
SECTION 5: Chapter 1 of the Vernon City Code is hereby
amended by adding "Section 1.8-5. Nuisances" to read as follows:
"Sec. 1.8-5. Nuisances"
(a) Public nuisances defined. It is unlawful and it is
declared to be a public nuisance for any Responsible Person, or
business entity, to maintain property or cause property to be
maintained in a manner where any of the following conditions are found
to exist:
Code;
(1) Any violation of any provision of the Vernon City
19
(2) Buildings or structures which are partially
destroyed, or abandoned and not fully secured, for more than ninety
consecutive calendar days, or ninety calendar days within a one hundred
twenty calendar day period, unless a longer time limit is approved by
the Director of Community Services;
(3) Land, the topography or configuration of which, in
any man-made state, whether as a result of grading operations,
excavations, fill or other alteration, interferes with the established
drainage pattern over the property or from adjoining or other
properties which does or may result in erosion, subsidence or surface
water drainage problems of such magnitude as to be injurious to public
health, safety or welfare or to neighboring properties;
(4) The failure to secure and maintain from public
access all doorways, windows and other openings into vacant buildings
or structures;
(5) Broken or missing windows;
(6) Any overgrown, dead, decaying or hazardous
vegetation that:(i) may harbor rats, vermin or other disease carriers,
(ii) constitutes an obstruction to the vision of motorists or a
hazardous condition to pedestrians or vehicular traffic; (iii)
constitutes an unsightly appearance,(iv) creates a dangerous condition
or an attractive nuisance to the public;
(7) The accumulation of trash, refuse, garbage, dirt,
litter, animal or human feces or debris in such a manner as to cause or
likely cause the breeding of or attraction of flies, rodents or other
vectors or insects. All trash, refuse, garbage, dirt, litter, animal
or human feces or debris shall be removed from the property as often as
necessary to prevent the breeding of or attraction of flies, rodents or
20
other vectors or insects;
(8) Construction debris storage bins for the property
which stored in excess of fifteen days in any front or side yard
setback area without the express written approval of the city engineer;
(9) Abandoned vehicles. See Section 1.8-6 for
Administrative Procedures;
(10) The existence of hazardous substances and waste, as
defined by the Federal Resource Conservation and Recovery Act, 49 U.S.C.
Section 6901 et seq., or Chapter 6.5 of the California Health & Safety
Code, that is unlawfully released, discharged, placed, maintained or
deposited upon any property, unless expressly permitted by the Health
and Environmental Control Department;
(11) Property containing an infestation of termites,
insects, vermin or rodents;
(12) Any unlawful encroachment upon the public street,
alley, sidewalk or other public right-of-way adjacent to the property,
including, without limitation, signs, trash or vegetation;
(13) Any other condition declared by any state, county
or City ordinance, code or regulation to be a public nuisance.
(b) Commencement of abatement proceedings. Whenever the
Director, or its, designee, reasonably believes that a public nuisance
exists on private property, it may commence abatement proceedings by
serving a notice, as provided in the Service provisions set forth in
Section 1.8-1(b)(5), to the Responsible Person, or designee, ordering
it to abate the nuisance. The notice shall contain a description of
the property in general terms reasonably sufficient to identify the
location of the property. The notice shall refer to the City Code -
section being violated, as well as the conditions on the private
21
property causing the violation. The notice shall direct compliance by
removal or correction of the condition that is in violation of the
provisions of this Code by a date certain that is at least seven
calendar days from the date of the notice. The notice shall Ifurther
describe the consequences of failure to comply as prescribed in this
section.
(c) Voluntary abatement of public nuisances. The
Responsible Person, or entity, may abate said nuisance at any time
within the abatement period by rehabilitation, repair, removal or
demolition. The Director or his or her designee shall be advised of
the abatement and shall inspect the premises to ensure that the
nuisance has in fact been abated.
(d) Involuntary abatement. Upon failure of the Responsible
Person, or entity, to remove or correct the conditions described in the
notice by the date specified, the Director, or designee, shall cause a
hearing to be held to determine whether the building, structure or
property is being maintained in such a manner as to constitute a public
nuisance. The Director shall give not less than ten (10) business days
written notice of the hearing by serving notice as provided in the
Service provisions set forth in Section 1.8-1(b)(5) to the Responsible
Person with a Legal Interest, or designee, in the affected properties.
(1) The notice shall indicate the nature of the alleged
public nuisance, a description of the property involved, and the
designation of the time and place of the hearing to determine whether
the same constitutes a public nuisance, and the manner of the proposed
abatement if the same is found to be a public nuisance.
(2) Nothing shall prevent any Responsible Person or
other interested person, or entity, from abating the nuisance prior to
22
the time of the hearing and notifying the City of the same. Upon
confirmation by the City that the nuisance has been abated, the hearing
shall be cancelled.
(e) Form of notice. The notice given shall be provided in
substantially the following format:
"NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE
A hearing will be held at , Vernon on
at to determine whether the premises
constitutes a public nuisance.
The conditions asserted to constitute a public nuisance
include the following:
A hearing may be avoided if the following corrections are
made at least two (2) business days before the date set for the
hearing:
If it is determined that the conditions on the property
constitute a public nuisance, the following abatement action may be
taken by the City if the owner has not abated the nuisance within five
(5) business days after the hearing officer's determination.
If the abatement action is taken by the City, all costs of
the abatement will be assessed against the property involved, and will
attach as a lien until paid. All persons having an interest in this
matter may attend the hearing and give testimony and evidence, which
will be given due consideration by the hearing officer."
(f) . Appointment of administrative hearing officer. The
hearing to determine whether a public nuisance exists shall be
conducted by an administrative hearing officer. The Director or his
designee shall establish procedures for the selection of an
administrative hearing officer. Administrative hearing officers shall
23
be selected in a manner that avoids the potential for pecuniary or
other bias. The compensation, if any, of the administrative hearing
officer shall be paid by the City. Compensation shall not be directly
or indirectly conditioned upon whether or not a public nuisance is
found to exist by the administrative hearing officer.
(g) Procedures at administrative hearing. Administrative
hearings are informal, and formal rules of evidence and discovery do
not apply. The administrative hearing officer is authorized to take
testimony and in the course of so doing, is authorized to administer
oaths or affirmations pursuant to California Code of Civil Procedure
Section 2903(a). At the hearing, the administrative hearing officer
shall consider all relevant evidence including but not limited to
applicable staff reports. The administrative hearing officer shall
give any interested person the reasonable opportunity to be heard in
conjunction therewith. Based upon the evidence so presented, the
administrative hearing officer shall determine whether a public
nuisance exists.
(h) Order of Abatement. The decision of the administrative
hearing officer shall be final and conclusive in the absence of appeal
as provided in this section. The administrative hearing officer shall,
within ten business days of the date of the hearing, cause to be sent a
copy of the written notice of decision by certified mail to the
Responsible Person, or entity, of the involved property, all other
persons and entities who received notice of the original hearing, and
to any other person, or entity, requesting the same. The notice shall
contain an order of abatement, if a public nuisance is determined to
exist, directed to the Responsible Person, or entity, in the property,
and any other Responsible Person, and shall set forth the nature of the
24
nuisance, its location and the time and manner for its abatement.
Where an appeal is filed as provided in this section, the order of
abatement shall be suspended pending the appeal of the order in the
manner set forth in this section.
(i) Appeal.
(1) Any Responsible Person, or entity, of the involved
property, or designee, may appeal the Administrative Hearing Order to
the City Council by filing an appeal with the City Clerk within ten
(10) business days of the date of the order and by paying the appeal
fee set by City resolution. The notice of appeal shall specify:
in the property;
(i) A description of the property;
(ii) The abatement proceedings appealed;
(iii) The appellant's legal or equitable interest
(iv) A statement of disputed and undisputed facts;
(v) A statement specifying which portion of the
order or proceedings are being appealed, together with any evidentiary
or supporting materials that would support the appeal; and
asserted.
(vi) A verification of the truth of all matters
(2) Upon the timely filing of a notice of appeal in the
proper form, the City Clerk set the appeal for a regular or special
meeting of the City Council scheduled to be held not less than five (5)
business days nor more than thirty (30) business days after the appeal
is received.
(3) The City Clerk shall provide written notice of the
appeal hearing, including the time, place and date of the hearing on
the appeal, to the appellant and any other person to whom notice of the
25
administrative hearing officer's order was sent. Such notice shall be
sent in the same manner as notice of the administrative hearing
officer's order.
(4) The City Council shall limit the issues on appeal
to those detailed in the notice of appeal.
(5) Appeal hearings shall be informal, and formal rules
of evidence and discovery shall not apply.
(j) Notice of Council decision. The City Clerk shall mail a
copy of the City Council's decision by certified mail to the appellant
and all other persons who received notice of the original hearing, and
to any other person requesting the same, within five (5) business days
after the adoption thereof. The Council's decision shall be final and
conclusive. Pursuant to Code of Civil Procedure Section 1094.6, any
action to review the decision of the Council shall be commenced not
later than the 90th day after the date the Council's order is adopted.
(k) Abatement of a nuisance by the city. If the nuisance is
not completely abated by the date specified in the administrative
hearing officer's order, or in the City Council's decision, as
appropriate, the City Administrator, or designee, may immediately abate
the nuisance. The Responsible Person of the involved property, or the
business entity, shall be liable to the City for all costs of such
abatement.
(1) Cost accounting - notification.
(1) City personnel, or any private contractor
authorized to abate the nuisance, shall keep an account of the cost,
including incidental expenses, of all abatement work performed on each
separate lot or parcel of land where work is done and shall render an
itemized report in writing to the Director showing the total cost of
26
abatement, including any salvage value relating thereto. A copy of the
report shall be available in the office of the City Clerk for at least
five days before it is considered by the City Council and notice of the
availability shall be posted at City Hall or any other location
designated for posting City notices. Proof of posting shall be made by
affidavit of the City Clerk or Deputy City Clerk. The term "incidental
expenses" includes, but is not limited to, all actual expenses and
costs of the city in the commencement of abatement proceedings,
including personnel costs, preparation of notices, specifications and
contracts, inspection of the work, the cost of printing and mailings
required under this section, the costs of experts or consultants, the
costs involved with any claims against the City arising as a
consequence of the nuisance, any attorney fees expended in the
abatement of the nuisance through civil action or otherwise, and any
other costs involved with obtaining compliance with or enforcing the
law. The City Attorney shall be responsible for keeping an accounting
of attorney fees and costs and for transmitting the same to the
Director.
(2) Costs shall be assessed at the conclusion of the
abatement; in the case of an abatement by any method which takes more
than six months, costs may be assessed at any time after six months,
but in no event more than two times a year. Costs involved in abating
the nuisance, or in attempting to abate the nuisance may also be
recovered in an appropriate civil action.
(3) The Director, or designee, shall submit his
itemized statement of costs to the City Council and shall request that
the City Clerk set the same fora hearing before the City Council
27
(4) The Director, or designee, shall cause notice of
the time and place of the hearing to be given to the Responsible Person
of the involved property upon which the costs will be assessed, and to
any other interested person requesting notice. Such notice shall be
served at least ten (10) business days before the hearing pursuant to
the procedures for Service set forth in Section 1.8-1(b)(5).
(m) Assessment Lien. The total cost for abatement of the
nuisance, as confirmed by the City Council, shall constitute a special
assessment against the lot or parcel of land on which the nuisance was
abated, and upon recordation in the office of the county recorder of a
notice of lien, shall constitute a lien on the property for the amount
of the assessment.
(1) After confirmation and recordation, a copy of the
notice of lien may be turned over to the tax collector to add the
amounts of the assessments to the next regular tax bill levied against
the respective lots and parcels of land. Thereafter the assessment
amounts shall be collected at the same time and in the same manner as
ordinary property taxes are collected and shall be subject to the same
penalties and the same procedure for foreclosure and sale in case of
delinquency as provided for ordinary property taxes. After recordation,
the lien may be foreclosed by judicial or other sale in the manner and
means provide by law. The notice of lien for recordation shall be in a
form substantially as follows:
"NOTICE OF LIEN
Claim of the City of Vernon
Pursuant to the authority vested by Section 1.8-5 of the
Vernon City Code, the administrative hearing officer (City Council] did
on or about the day of , 20_, cause the property hereinafter
m
described to be declared a public nuisance and order the same abated.
The City Council of the City of Vernon, did on the day of ,
20_, assess the cost of such abatement upon the property and the same
has not been paid nor any part thereof. The City of Vernon does hereby
claim a lien for such abatement in the amount of the assessment,.in the
sum of $ , and the same shall constitute a lien upon the described
real property until paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a
lien is claimed, is that certain parcel of land lying and being
entirely within the City of Vernon, County of Los Angeles, State of
California, particularly described as follows:
(legal description)
Dated: This day of , 20_.
City Administrator
CITY OF VERNON"
(n) Emergency abatement - alternative actions.
Notwithstanding any other provision of this section, whenever the
Director or its, designee determines that any real property or any
building, structure or condition thereon constitutes an immediate
threat to public health or safety, it may, without being required to
comply with the procedures of this section, immediately cause such
public nuisance to be abated. Nothing in this section shall be deemed
to prevent the City from commencing a civil or criminal proceeding to
abate a public nuisance or from pursuing any other means available to
it under provisions of applicable ordinances or state law to correct or
enjoin hazards, deficiencies or violations of law in real property in
addition to or as alternatives to the proceedings set forth in this
29
section.
(o) Violations - Misdemeanor - Penalty.
(1) The Responsible Person, or entity, which who
maintains any public nuisance as defined in this section or who
violates any order of abatement made is guilty of a misdemeanor.
(2) Any unauthorized person who removes any notice or
order posted as required in this section is guilty of a misdemeanor.
(3) No person shall obstruct, impede or interfere with
any representative of the City engaged in vacating, repairing,
rehabilitating or demolishing and removing any property pursuant to the
provisions of this section or in performing any necessary act
preliminary to or incidental to such work as authorized or directed
pursuant thereto.
(4) Any person violating or failing to comply with any
of the provisions of this 'section shall be guilty of a misdemeanor and
shall be punished in accordance with section 1.8. A criminal
prosecution may be initiated without a nuisance hearing, as provided in
this section, or upon a violation of any order resulting from such a
hearing. Each person shall be guilty of a separate offense for each
and every day during any portion of which any violation of the
provisions of this section is committed or permitted to continue.
(p) Citation procedure. All designated officers and
employees exercising their authority to issue citations under this
Section shall comply with the procedures regarding misdemeanor
citations set forth in Section 853.6 et seq. of the California Penal
Code, or its successor.
SECTION 6: Vernon City Code Chapter 24-, Article X, Section
24.68 is hereby amended in its, entirety to read as follows:
30
"Sec. 24.68. Enactment of Penalty Provisions. All current
offenses set forth in various primary codes as adopted or amended from
time to time are considered offenses under this code pursuant to
Government Code 50022.1 through 50022.4, or successor section 5; but
may be enforced at the sole discretion of the Director, or appropriate
Enforcement Official, under either this chapter or under the provisions
of Section 1.8-1."
SECTION 7: Vernon City Code Chapter 26, Article IX, Section
26.9.1-7 regarding responsibility for enforcement of the conditions and
standards imposed on land use approvals is hereby amended to read as
follows:
"Sec. 26.9.1-7. Responsibility. The director of community
services shall have principal responsibility for monitoring and
enforcing the conditions and standards imposed on all land use
approvals and entitlements granted by the city pursuant to this chapter.
In addition to the authority granted to enforcement officials as
defined in Section 1.8-1 of this code, and in accordance with the
provisions of California Penal Code Section 836.5, employees of the
department of community services, as directed and designated from time
to time by the director of community services, are hereby authorized to
issue citations for violations of this chapter. The procedures to be
followed for the issuance of said citations are those that are or may
be authorized from time to time by provisions of the California Penal
Code."
SECTION 8: Subsection (c) is hereby added to Vernon City
Code Chapter 11, Article V Section 11.5.13 regarding enforcement
procedures for health standards to read as follows:
31
"(c) Administrative Enforcement. To the extent that the
City utilizes its administrative enforcement procedures as set forth in
Chapter 1 of this code, then the procedures set forth in chapter 1
shall be utilized in place of the procedures set forth in this
Section."
SECTION 9: Subsection (c) is hereby added to Vernon City
Code Chapter 11, Article XII Section 11.12.12 regarding enforcement
Procedures for health standards to read as follows:
"(c) Administrative Enforcement. To the extent that the
City utilizes its administrative enforcement procedures as set forth in
Chapter 1 of this code, then the procedures set forth in chapter 1
shall be utilized in place of the procedures set forth in this
Section."
SECTION 10: CEQA Compliance. The City Council hereby finds
that this ordinance adding sections 1.8-1, 1.8-2, 1.8-3, 1.8-4, and
1.8-5 to Chapter 1 of the City's City Code has no likelihood of causing
a significant effect on the environment, and accordingly both the City
Council's action of adopting this ordinance and any effects derivative
from that adoption are found to be exempt from this application of the
California Environmental Quality Act of 1970, as amended, pursuant to
Section 15061(b)(3) of the State CEQA Guidelines (Title 14 C.C.R.
15061(b)(3)).
SECTION 11: Severability. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
in this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
32
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 12: Book of Ordinances. The City Clerk shall attest
and certify to the adoption of this Ordinance and shall cause this
Ordinance and the City Clerk's certification to be entered in the Book
of Ordinances of the Council of this City. The City Clerk shall cause
this ordinance to be published or posted as required by law.
SECTION 13: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 15th day of November, 2011.
Name: Hilario Gonzales
Title: Mayor / r ro
33
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, WILLARD G. YAMAGUCHI, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1189 was duly and regularly introduced at a meeting
of the City Council of the City of Vernon, held in the City of
Vernon on Tuesday, November 1, 2011, and thereafter adopted at a
meeting of said City Council held on Tuesday, November 15, 2011,
by the following vote:
AYES: Councilmembers: Mayor Gonzales, Davis,
Maisano, McCormick,
Newmire
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this "'% day of November, 2011, at Vernon,
California.
W LLARD G. Y GU
City Clerk
(SEAL)
MLm
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 17, 2011
TO: Rory Burnett, Finance Director/City Treasurer
Daniel Calleros, Interim Police Chief
Kristen Enomoto, Council Department Manager
Carlos Fandino, Director of Light & Power
Masami Higa, Assistant Finance Director
Alex Kung, Senior Accounting Manager
Joaquin Leon, Deputy City Treasurer
Lewis Pozzebon, Director of Health & Environmental Control
James Rodino, Police Captain
Martha Valenzuela, Director of Personnel/Business Services
Mark Whitworth, City Administrator/Fire Chief
Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk P
RE: Ordinance No. 1189 — An Ordinance of the City Council of the City of Vernon
Establishing Administrative Enforcement Provisions and Nuisance Abatement Procedures
and Amending the Vernon City Code to Allow for Administrative Compliance Orders,
Administrative Citations, Civil Penalties and Nuisance Abatement Proceedings
Transmitted herewith is a copy of Ordinance No. 1189 referenced above, which was approved by City
Council on November 15, 2011.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Ordinance No. 1189
�/L�ll✓/ll% C/C'
RECEIV�'®
OCT 0 5 2011
CITY ADMINISTRATION
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A -
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: October 4, 2011
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: Administrative Code Enforcement Ordinance
City Staff of the Community Services, Health and Fire Departments have been working with the City
Attorney's office for a number of years on the development of a City Code amendment that will set forth
provisions for a code enforcement process. Attached herewith is an ordinance that has been approved by the
City Attorney's office establishing Sections 1.81, 1.82, 1.83, 1.84 and 1.85. City staff in the past has on
occasion had great difficulty in obtaining compliance from certain property owners and or their occupants for
code violations. City staff believes that by providing a toolbox of enforcement actions, that can be used by the
City's inspectors and other authorized staff, it will be able to achieve compliance in a much more expedited and
efficient manner. Currently staff is limited in its ability to obtain code compliance and in the end must rely on
the City Attorney's office for prosecution of violators. The new provisions would permit City staff to issue
citations that will carry with them a monetary penalty for the specific code violation. Please be advised that
nothing in this proposed amendment to the code would preclude the City from maintaining its right to
criminally prosecute any person violating the City Code.
Section 1.81 sets forth the definitions and hearing procedures if an appeal of a compliance order or
citation is requested by the violator.
Sections 1.8.2 establishes administrative enforcement through a compliance order procedure. The
compliance order is in essence a warning notice giving a person violating a code section a written correction
notice outlining what the violation is, how it can be corrected, establishes the amount of time to correct the
violation and what the consequences may be if the violation is not corrected within the given time frame.
Section 1.8.3 sets forth an Administrative Enforcement Citation process. This would permit a City
employee the ability to give any person that violates the City Code an administrative citation. Each and every
day that the violation exists would constitute a separate and distinct violation. The citation would impose a fine
for the violation as established by a schedule adopted by the City Council.
Section 1.8.4 sets forth a Civil Penalties process. This provision would permit the City to issue
additional fines in the form of penalties up to $2,500 per day, but not to exceed $100,000 annually. The Civil
penalty is seen as a last resort to gain compliance. Given the sum of the potential penalties it will provide a
monetary incentive for the person violating the City Code to correct the violation expeditiously. These
provisions will more than likely only be used when -a person violating the code is defiant in his actions or has
been grossly negligent resulting in an extreme life safety concern or eminent threat to the environment.
Section 1.8.5 establishes a procedure to abate public nuisances. These nuisances include a violation of
the City Code, not properly securing a destroyed or abandoned building, interference with established drainage
patterns, lack of repair of broken windows, failure to maintain overgrown vegetation, allowance of the
accumulation of trash„ construction debris that has not been properly stored, the unlawful release or storage of
unauthorized hazardous materials, unlawful encroachment into the public right of way or any other condition
declared by the State or County to be a public nuisance.
In addition the City Attorney's office has prepared a resolution, also attached herewith, establishing a
schedule of fines for citations and a guidance matrix for establishing the amount of a civil penalties per
violation.
On October 3, 2011 the City held a workshop to discuss the proposed code enforcement provisions.
Approximately 2,300 letters were mailed to property owners and businesses within the community inviting
them to the workshop and or requesting that they provide written comments regarding the proposed provisions.
The City received one written comment requesting that the provisions not be adopted to prevent over regulation.
Approximately 15 individuals attended the workshop that was hosted by the City. At this workshop the City
described in detail the proposed code provisions and the methodology that the departments will utilize in
implementing the new enforcement provisions. After the initial presentation by staff, the workshop was opened
for discussion. Several questions were asked and responded to by City Staff. At the end of the workshop City
Staff requested comments or suggestions on the proposed ordinance provisions and the resolution establishing
the fines. No one in the audience provided any negative comments on the proposed ordinance or resolution nor
did any one suggest any modifications to the proposed language.
It is recommended that the City Council adopt the Administrative Code Enforcement Ordinance and at
the second reading of the ordinance adopt the Resolution establishing administrative citation fees and penalties.
SKW