O2043
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City Council Meeting 5-14-02
Santa Monica, California
ORDINANCE NUMBER 2Q43 (ces)
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(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 1.08.010,
8.08.070, AND 8.08.020, ADDING CHAPTERS 1.09 AND 1.10 AND
SECTION 8.08.015 TO THE SANTA MONICA MUNICIPAL CODE, AND
REPEALING SANTA MONICA MUNICIPAL CODE SECTION 8.100.060
RELATING TO CODE ENFORCEMENT
WHEREAS, the City of Santa Monica is committed to protecting its residents' health,
safety, welfare, and quality of life; and
WHEREAS, the City is also committed to preserving aesthetic qualities and charm
which enrich residents' lives and attract visitors; and
WHEREAS: effective code enforcement is vital to effectuation of these
commitments; and
WHEREAS, achieving effective code enforcement in Santa Monica is complicated
by various factors including the City's unusual density, its age, and the variety of
sometimes conflicting activities and land uses occurring within the City's eight square
miles; and
WHEREAS, the City has a broad array of regulations and permit requirements
governing the use of land in the City; and
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WHEREAS, code enforcement is the method by which the City assures that the use
of land continues to comply with local regulations after permits have been issued; and
WHEREAS, it is critical that the City have a full panoply of remedies available to it
to ensure compliance with local law and, where necessary, to penalize violators for the
failure to comply with these laws; and
WHEREAS,.to protect residents' quality of life, preserve public safety, effectuate the
community's aesthetic values, and promote the City's continued economic success, the
City Council in November 1999 directed staff to research implementing penalties and costs
recovery for Code enforcement; and
WHEREAS, a comprehensive code enforcement system that uses a combination
of judicial and administrative remedies is critical to ensure Code compliance; and
WHEREAS, enforcement of this Code and conditions on entitlements are matters
of local concern and serve important public purposes; and
WHEREAS, the City adopts the administrative fine and penalty provisions of this
Ordinance pursuant to the City's powers as a charter city and Government Code SeCtion
53069.4; and
WHEREAS, this ordinance will enhance, streamline and modify the City's system
of code enforcement in various ways, including establishing new procedures for the
imposition of administrative fines and for the imposition of administrative penalties
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
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SECTION 1 The title of Chapter 1.08 of the Santa Monica Municipal Code is
hereby amended to read as follows:
PENALTIES AND REMEDIES
SECTION 2, Section 1.08.010 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Section 1.08.010 Violations, Penalty Options.
(a) Criminal Sanctions. It shall be unlawful for any person to violate
any provision, or to fail to comply with any of the requirements of this Code,
Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of this Code, shall be guilty of a misdemeanor,
unless otherwise provided. Any person convicted ofl a misdemeanor under
the provisions of this Code, shall be punishable by a fine of not more than
five hundred dollars, or by imprisonment in the City or County Jail for a
period not exceeding six months, or by both such fine and imprisonment. Any
offense which would otherwise be an infraction is ia misdemeanor if the
defendant has been convicted of the same offense three or more times
within the twelve (12) month period immediately preceding the commission
ofthe offense and the convictions are alleged in the accusatory pleading. For
this purpose, a bail forfeiture shall be deemed to be a conviction of the
offense charged. Each such person shall be guilty of a separate offense for
each and every day during any portion of which any violation of any provision
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of this Code is committed, continued, or permitted by such person and shall
be punishable accordingly.
(b) Civil Actions. The City Attorney may bring an action in a court of
competent jurisdiction to enjoin a violation of any provisions of this Code or
any other ordinance ofthe City, orto enforce administrative penalties orfines
imposed.
(c) Administrative Fines and Penalties. The City may impose
admini~trative fines or penalties for any of the following acts or omissions:
(1) All violations of Articles 4,6,7,8, and 9 of this Code.
(2) Failing to comply with any condition or requirement imposed on or
by any entitlement, permit, contract, or environmental document issued or
approved by the City.
Administrative fines may be imposed, enforced, collected, and reviewed in
accordance with the provisions of Chapter 1.09 Administrative penalties
may be imposed, enforced, collected and reviewed in compliance with the
provisions of Chapter 1.10.
(d) Nuisance Abatement. In addition to the penalties hereinabove
proVided, any condition caused or permitted to exist in violation of any of the
provisions of this Code shall be deemed a public nuisance and may be, by
this City, abated as such, and each day such condition continues shall be
regarded as a new and separate offense.
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(e) Alternative Remedy. Nothing in this Section shall prevent the City
from using one or more 'other remedies to address violations as established
by this Code.
SECTION 3. Chapter 1.09 is hereby added to the Santa Monica Municipal Code
to read as follows:
Chapter 1.09
ADMINISTRATIVE CITATIONS
Section 1.09.010 Applicability.
(a) This Chapter provides for the issuance of administrative citations
which are in addition to all other legal remedies, criminal or civil, which may
be pursued by the City to address any violation of this Code.
(b) The administrative citations process set forth in this Chapter
applies to discrete and transitory or easily remediable violations ofthe Code.
This process does not apply to continuing violations of this Code that pertain
to building, plumbing, electrical, or other similar structural or zoning issues.
(c) Use of this Chapter shall be at the sole discretion of the City,
subject to subsection (b) of this Section,
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Section 1.09.020
Defin itions.
(a) "Enforcement officer" means a City police officer, a City Code
Compliance Officer, a City Building Inspector, a City Combination Building
Inspector, a City Parking Enforcement Officer, a City Public Works
Inspector, a City Fire Inspector, or any other authorized agent or employee
of the City whose duty is to assure Code compliance.
(b) "Responsible party" means any person, business; company, or
entity, and the parent or legal guardian of any person under the age of
eighteen (18) years, who has done any act for which an administrative
citation may be imposed
Section 1.09.030
Administrative citation.
(a) Whenever an enforcement officer charged with the
enforcement of any provision of this Code determines that a violation of that
provision has occurred, the enforcement officer shall have the authority to
issue an administrative citation to any person responsible for the violation,
(b) Each administrative citation shall contain the following information
(1) The date of the violation or, if the date of the violation is unknown.
then the date the violation is identified;
(2) The address or a definite description of the location where the
violation occurred;
(3) The section of this Code violated and a description of the violation
(4) The amount of the fine for the Code violation;
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(5) A description of the fine payment process, including a description
of the time within which and the place to which the fine shall be paid;
(6) An order prohibiting the continuation or repeated occurrence ofthe
Code violation described in the administrative citation;
(7) A description of the administrative citation review process,
including the time within which the administrative citation may be contested
and the place from which a request for hearing form to contest the
administrative citation may be obtained; and
(8) The name and signature of the citing enforcement officer.
Section 1.09.040
Amount of fines
(a) The amounts of the fines for Code violations imposed pursuant
to this Chapter shall be set forth in the schedule of fines established by
resolution of the City Council.
(b) The schedule of fines shall specify any increased fines for repeat
violations of the same Code provision by the same person within thirty-six
(36) months from the date of an administrative citation
(c) The schedule offines shall specify the amount of any late payment
charges imposed for the payment of a fine after its due date.
Section 1.09.050 Payment of the fine.
(a) The fine shall be paid to the City within thirty (30) days from the
date of the administrative citation.
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(b) Any administrative citation fine paid pursuant to subsection (a) of
this Section shall be refunded in accordance with Section 1.09.100 if it is
determined, after a requested review, that the person charged in the
administrative citation was not responsible for the violation or that there was
no violation as charged in the administrative citation.
(c) Payment of a fine under this Chapter shall not excuse or
discharge any continuation or repeated occurrence ofthe Code violation that
is the subject of the administrative citation.
1.09.060 Hearing request.
(a) Any recipient of an administrative citation may contest that there
was a violation of the Code or that he or she is the responsible party by
completing a request for hearing form and returning it to the City Clerk's
Office within thirty (30) days from the date of the administrative citation,
together with an advance deposit of the fine or notice that a request for an
advance deposit hardship waiver has been filed pursuant to Section
1.09.070,
(b) A request for hearing form may be obtained from the City Clerk's
Office specified on the administrative citation.
(c) The person requesting the hearing shall be notified ofthetime and
place set forth the hearing at least five (5) days prior to the date of the
hearing
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(d) If City staff submits an additional written report concerning the
administrative citation to the hearing officer for consideration at the hearing,
then a copy of this report shall also be provided to the person requesting the
hearing at least three (3) days prior to the date of the hearing.
(e) The recipient of an administrative citation may at the time that
he/she contests the citation waive the right to a hearing and elect instead to
have the administrative review be based exclusively on written materials
submitted to the Hearing Officer. The recipient must submit all written
materials within ten (10) days after he/she makes this election,
Section 1.09.070 Advance deposit hardship waiver.
(a) Any person who intends to request a review of the administrative
citation to contest that there was a violation of the Code or that he or she is
the responsible party and who is financially unable to make the advance
deposit of the fine as required in Section 1.09.050(a) may file a request for
an advance deposit hardship waiver.
(b) The request shall be filed with the Finance Department on an
advance deposit hardship waiver application form, available from the
Finance Department, within fifteen (15) days of the date ofthe administrative
citation
(c) The requirement of depositing the full amount of the fine as
described in Section 1.09.050(a) shall be stayed unless or until the Director
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of Finance makes a determination not to issue the advance deposit hardship
waiver.
(d) The Director of Finance, or his/her designee, may waive the
requirement of an advance deposit required by Section 1.09.050(a) and
issue the advance deposit hardship waiver only if the cited party submits to
the Director of Finance a sworn statement, together with any supporting
documents or materials, demonstrating to the satisfaction of the Director of
Finance the person's actual financial inability to deposit with the City the full
amount of the fine in advance of the hearing.
(e) If the Director of Finance declines to issue an advance deposit
hardship waiver, the person shall remit the deposit to the City within ten (10)
days of the date of that decision or thirty (30) days from the date of the
administrative citation, whichever is later.
(f) The Director of Finance shall issue a written determination listing
the reasons for his or her determination to issue or not issue the advance
deposit hardship waiver. The written determination ofthe Director of Finance
shall be final.
(g) The written determination of the Director of Finance shall be
served upon the person who applied for the advance deposit hardship
waiver.
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Section 1.09.080 Hearing Officer.
The review of the administrative citation requested pursuant to
Section 1.09.060 may be conducted by the Building Officer, Zoning
Administrator, Fire Marshal, the department or division head of the
department which issued the citation, any individual acting in one of the
above-enumerated positions or a hearing examiner appointed in accordance
with the procedures set forth in Section 1.10.050. The Hearing Officer must
be qualified by experience or training to conduct the review. In no event,
however, shall the administrative review be conducted by the person who
issued or who was directly involved in the issuance of the citation. A hearing
examiner shall be required where there is no uninvolved City employee
qualified to conduct the review.
Section 1.09.090 Hearing procedure.
(a) No hearing to contest an administrative citation before a Hearing
Officer shall be held unless the fine has been deposited in advance in
accordance with Section 1.09.050 or an advance deposit hardship waiver
has been issued in accordance with Section 1.09.070,
(b) A hearing before the Hearing Officer shall be set for a date that is
not less than five (5) days and not more than thirty (30) days from the date
that the request for hearing is filed in accordance with the provisions of this
Chapter.
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(c) Atthe hearing, the party contesting the administrative citation shall
be given the opportunity to testify and to present evidence concerning the
administrative citation.
(d) Unless the recipient of an administrative citation requested a paper
review pursuant to Section 1.09.060(e), the failure of the recipient to appear
at the administrative citation hearing shall constitute a forfeiture of the fine
and a failure to exhaust his or her administrative remedies.
(e) The administrative citation and any additional report submitted by
City staff shall constitute prima facie evidence of the respective facts
contained in those documents,
(f) The Hearing Officer may continue the hearing and request
additional information from the enforcement officer or the recipient of the
administrative citation prior to issuing a written decision.
Section 1.09.100 Hearing Officer's decision.
(a) After considering all of the testimony and evidence submitted at
the hearing, the Hearing Officer shall issue a written decision to uphold or
cancel the administrative citation and shall list in the decision the reasons for
that decision. The decision of the Hearing Officer shall be issued within thirty
(30) days after the conclusion of the hearing or the submission of a II written
materials if no hearing is requested and the Hearing Officer's decision shall
be final.
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(b) If the Hearing Officer determines that the administrative citation
should be upheld, then the fine amount on deposit with the City shall be
retained by the City,
(c) If the Hearing Officer determines that the administrative citation
should be upheld and the fine has not been deposited pursuant to an
advance deposit hardship waiver, the Hearing Officer shall set forth in the
decision a schedule on which the fine must be paid.
(d) If the Hearing Officer determines that the administrative citation
should not be upheld and the fine was deposited with the City, then the City
shall promptly refund the amount of the deposited fine, Unless the City
returns the fine within thirty days after it was deposited, this refund shall also
include interest at the average rate earned on the City's portfolio for the
period of time that the fine amount was held by the City.
(e) The recipient of the administrative citation shall be served with
a copy of the Hearing Officer's written decision,
(f) The employment, performance evaluation, compensation and
benefits of the Hearing Officer shall not be directly or indirectly conditioned
upon the amount of administrative citation fines upheld by the Hearing
Officer.
Section 1.09.110 Late payment charges.
Any person who fails to pay to the City any fine imposed pursuant to
the provisions of this Chapter on or before the date that fine is due also shall
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be liable for the payment of any applicable late payment charges set forth in
the schedule of fines.
Section 1.09.120 Recovery of administrative citation fines and
costs.
(a) The City may collect any past due administrative citation fines or
late payment charges by use of all available legal means. The City also may
recover its collection costs pursuant to subsection (b) of this Section.
(b) Any person who fails to pay any obligation required by this Chapter
shall also be liable in any action brought by the City for all the City's costs
incurred in securing payment of the delinquent amount including, but not
limited to, administrative costs and attorney's fees. Collection costs imposed
under this provision shall be added to and become a part of the underlying
obligation
Section 1.09.130 Right to judicial review,
Any person directly aggrieved by an administrative decision of a
Hearing Officer on an administrative citation may obtain review of the
administrative decision by filing a petition for review with the Superior Court
in Los Angeles County.
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Section 1.09.140 Notices.
(a) The administrative citation and all notices required to be given by
this Chapter shall be served on the responsible party in accordance with the
provisions of Section 1.10.040.
(b) Failure to receive any notice specified in this Chapter does not
affect the validity of proceedings conducted hereunder.
Section 1.09.150 Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who
has received a citation to sell, transfer, mortgage, lease, or otherwise
dispose of it to another until the provisions of the citation have been
complied with or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee, with a true copy of any citation and shall furnish to the
code official a signed and notarized statement from the grantee, transferee,
mortgagee, or lessee, acknowledging the receipt of such citation and fully
accepting the responsibility without condition for making the corrections or
repairs required by such citation or stating that the grantee, transferee,
mortgagee, or lessee intends to timely challenge the citation. The transfer
of ownership in violation of this Section shall not abrogate the transfer.
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Section 1.09.160 Failure to pay administrative fine.
The failure to pay an administrative fine is a misdemeanor. The filing
of a criminal misdemeanor action does not preclude the City from using any
other legal remedy available to gain compliance with the administrative
citation.
SECTION 4. Chapter 1.10 is hereby added to the Santa Monica Municipal Code
to read as follows:
CHAPTER 1.10
COMPLIANCE ORDERS/ADMINISTRATIVE PENALTIES
Section 1.10.010. Applicability.
(a) This Chapter provides for administrative remedies, which are in
addition to all other legal remedies, criminal or civil, which may be pursued
by the City to address any violation specified in Santa Monica Municipal
Code Section 1.08.010(c),
(b) Use of this Chapter shall be at the sole discretion of the City,
Section 1.10.020. Definitions.
(a) "City Official" means the head of any City department charged with
responsibility for enforcement of any provision of this Code or his/her
designee, including, but not limited to, the Fire Marshal, the Building Officer,
the Zoning Administrator, and the City Engineer.
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(b) "Responsible party" means any person, business, company, or
entity, and the parent or legal guardian of any person under the age of
eighteen (18) years, who has done any act for which an administrative
penalty may be imposed
Section 1.10.030. Compliance order.
(a) Whenever the City Official determines that a violation of any
provision of this Code, or other provisions as set forth in Santa Monica
Municipal Code Section 1.08.010(c), within the City Official's responsibility
is occurring or exists, the City Official may issue a written compliance order
to any person responsible for the violation
(b) A compliance order issued pursuant to this Chapter shall contain
the following information:
(1) The date, approximate time, and location of the violation;
(2) The section of this Code violated and a description ofthe violation;
(3) The actions required to correct the violation;
(4) The time period after which administrative penalties will begin to
accrue if compliance with the order has not been achieved. No
administrative penalty shall be imposed for violations of City building,
plumbing, electrical, or structural codes or provisions of the City Zoning
Ordinance unless the responsible party has been provided a reasonable
period of time to correct the violation before imposition of the penalty, except
in those cases in which there is an immediate danger to health or safety.
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(5) Either a copy of this Chapter or an explanation of the
consequences of noncompliance with this Chapter and a description of the
hearing procedure and appeal process to the responsible party.
Section 1.10.040 Method of service.
(a) Any required notice shall be given either by personal delivery
thereof to the responsible party or by deposit in the United States Mail, in a
sealed envelope postage prepaid, addressed to such person to be notified
at his or her last known business or residence address as the same appears
in the public records or other records pertaining to the matter to which such
notice is directed. Service by mail shall be deemed to have been completed
at the time of deposit in the post office.
(b) Where real property is involved, written notice shall be mailed to
the property owner at the address as shown on the last equalized County
assessment roll,
(c) Where personal service or service by mail upon the property
owner is unsuccessful, a copy of the order shall be conspicuously posted at
the property which is the subject of the order.
(d) If the violation is the result of a condition existing on property in the
City and the City may impose a lien or special assessment on the property,
any notice from the Hearing Examiner shall also be served on each of the
following if known to the City or disclosed from official public records:
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(1) the holder of any mortgage or deed of trust or lien or encumbrance
of record;
(2) the owner or holder of any lease of record.
(e) The failure of any person to receive any notice required under this
Chapter shall not affect the validity of any proceedings taken under this
Chapter.
Section 1.10.050 Hearing Examiner.
The City Attorney shall appoint the Hearing Examiner for the
compliance order hearing. The Hearing Examiner shall be qualified by
experience or training to conduct the hearing and shall be selected by
procedures set forth in administrative instructions adopted by the City
Manager.
Section 1.10.060 Hearing
(a) If the City Official determines that all violations have been
corrected within the time specified in the compliance order, no further action
shall be taken,
(b) If full compliance is not achieved within the time specified in the
compliance order, the City Official shall advise the City Attorney's Office
which shall schedule a hearing before the Hearing Examiner.
(c) The City Attorney's Office shall cause a written notice of the
hearing to be served on the violator and, where real property is involved, a
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notice of hearing shall be served on the property owner at the address as it
appears on the last equalized County assessment roll available on the date
the notice is prepared.
Section 1.10.070 Notice of hearing.
(a) Every notice of hearing on a compliance order shall contain the
date, time and place at which the hearing shall be conducted by the Hearing
Examiner.
(b) Each hearing shall be set for a date not less than five (5) days nor
more than thirty (30) days from the date of the notice of hearing unless the
City Official determines that the matter is urgent orthat good cause exists for
an extension of time,
(c) This hearing serves to provide the full opportunity of a person
subject to a compliance order to object to the determination that a violation
has occurred and/or that the violation has continued to exist. The failure of
any person subject to a compliance order, pursuant to this Chapter, to
appear at the hearing shall constitute a failure to exhaust administrative
remedies.
Section 1.10.080. Conduct of Hearing.
(a) At the time set for hearing in the hearing notice, the Hearing
Examiner shall proceed to hear sworn testimony and receive evidence
regarding the compliance order. The person or persons notified to appear at
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the hearing, or his or her or their agent(s) or representative(s), shall be given
an opportunity to present testimony and any other evidence about whether
a violation has occurred and/or that the violation has continued to exist. The
Hearing Examiner shall proceed with the hearing whether or not such
person(s) is (are) in attendance.
(b) The person or persons notified to appear at the hearing and the
City may also submit written evidence. This evidence shall be considered by
the Hearing Examiner if it is received at least two days prior to the
scheduled hearing. The Hearing Examiner shall have the discretion to
consider written evidence submitted after that date, including submissions
during the course of the hearing.
(c) The Hearing Examiner shall be empowered to compel the
attendance of owners or responsible parties or witnesses at the hearing, to
examine them under oath, and to compel them to produce all evidence
before it as provided in Section 2.32.060 of this Code.
(d) The hearing proceedings shall be recorded. Additionally, any party
may provide a certified shorthand reporter to maintain a record of the
proceedings at the party's own expense,
(e) Preparation of a record of the proceedings shall be governed by
California Code of Civil Procedure Section 1094.6,
(f) The Hearing Examiner shall administer the oath or affirmation to
all individuals providing testimony.
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(g) The Hearing Examiner may grant continuances from time to time
for good cause shown. The Hearing Examiner may also continue the hearing
on his/her own motion.
(h) The hearing need not be conducted according to technical rules
relating to evidence and witnesses, except as provided in this Section. Any
relevant evidence shall be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs.
regardless of the existence of any common law or statutory rule which might
make improper the admission of the evidence over objections in civil actions.
Hearsay evidence may be used for the purpose of supplementing or
explaining other evidence but shall not be sufficient in itself to support a
finding, unless it would be admissible over objection in civil actions or no
objection was made to this use of hearsay evidence prior to the close of the
hearing before the Hearing Examiner
Section 1.10.090 Hearing- Findings and order.
(a) At the place and time set forth in the notice of hearing, the
Hearing Examiner shall conduct a hearing on the compliance order issued
pursuant to Section 1.10.030.
(b) The Hearing Examiner shaH consider any written or oral
evidence, consistent with the rules and procedures established hereto,
regarding the violation and compliance by the violator or by the real property
owner.
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(c) Within a reasonable time following the conclusion of the
hearing not to exceed thirty (30) days, the Hearing Examiner shall make
findings and issue his or her determination regarding:
(1) The existence of the violation; and
(2) The failure of the violator or owner to take required corrective
action within the required time period.
(d) The Hearing Examiner shall issue written findings on each
violation. The findings shall be supported by evidence received at the
hearing.
(e) If the Hearing Examiner finds by a preponderance of the evidence
that a violation has occurred and that the violation was not corrected within
the time period specified in the compliance order,.the Hearing Examiner shall
issue an administrative order.
(f) If the Hearing Examiner finds that no violation has occurred or
that the violation was corrected within the time period specified in the
compliance order, the Hearing Examiner shall issue a finding of those facts.
Section 1.10.100 Administrative order.
If the Hearing Examiner determines that a violation occurred which
was not corrected within the time period specified in the compliance order,
the Hearing Examiner shall issue an administrative order described in
Section 1.10.090 which imposes the following:
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(a) An order to correct the violation, including a schedule for
correction where appropriate.
(b) Administrative penalties as authorized by Section 1.10.110.
(c) Administrative costs as authorized by Section .10.120.
Section 1.10.110 Administrative penalties.
(a) The Hearing Examiner may impose administrative penalties for
the violation of any provision of this Code in an amount not to exceed a
maximum of Twenty Five Thousand Dollars ($25,000.00) per day for each
ongoing violation, except that the total administrative penalty shall not
exceed Five Hundred Thousand Dollars ($500,000.00) exclusive of
administrative costs, interest and restitution for compliance reinspection, for
any related series of violations.
(b) The amount of the administrative penalty shall be set according to
the following schedule:
(1 ). Level A violations are violations that present a substantial
probability that death or serious physical harm to the public at large or
person(s) would result therefrom Level A violations shall be subject to an
administrative penalty of five thousand dollars ($5,000.00) to twenty-five
thousand dollars ($25,000.00).
(2) Level B violations are violations that either (A) present the threat,
but not substantial probability, that serious physical harm to the public at
large or person(s) would result therefrom; or (B) present circumstances that
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are likely to cause and/or do cause serious harm to public or private
property; or (C) present a conscious and willful disregard of (i) a hearing
examiner's order or orders, or (ii) orders or notices of violation issued by any
agency or commission authorized to issue such orders or notices Level B
violations shall be subject to an administrative penalty of two thousand five
hundred dollars ($2,500.00) to four thousand nine hundred ninety-nine
dollars and ninety-nine cents ($4,999.99),
(3) Level C violations are violations that present circumstances that
either (A) are likely to cause and/or do cause harm to public or private
property; or (B) show repeated or continuous noncompliance with (i) a
hearing examiner's order or orders, or (ii) orders or notices of violation issued
by any agency or commission authorized to issue such orders or notices,
Level C violations shall be subject to an administrative penalty of one
thousand dollars ($1,000.00) to two thousand four hundred ninety-nine
dollars and ninety-nine cents ($2,499.99),
(4) Level 0 violations are violations other than Level A, B, or C
violations. Level 0 violations shall be subject to an administrative penalty of
one hundred dollars ($100.00) to nine hundred ninety-nine dollars and
ninety-nine cents ($999.99).
(c) In determining the actual amount of the administrative penalty
within the appropriate level established by subsection (b) of this Section, the
Hearing Examiner shall take the following factors into consideration:
(1) The duration of the violation;
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(2) The frequency, recurrence and number of violations, related or
unrelated, by the same violator;
(3) The seriousness of the violation;
(4) The history of the violation
(5) The owner's or any other responsible party's conduct after
issuance of the administrative order;
(6) The good faith efforts of the violator to come into compliance with
the administrative order;
(7) The economic impact of the penalty on the violator;
(8) The impact of the violation on the community;
(9) Such other factors as justice may require.
(d) Administrative penalties imposed by the Hearing Examiner shall
accrue from the date specified in the compliance order and shall cease to
accrue on the date the violation is corrected as determined by the City
Official or the Hearing Examiner.
(e) The Hearing Examiner, in his or her discretion, may suspend the
imposition of applicable penalties for any period of time during which
(1) The violator has filed for necessary permits; and
(2) Such permits are required to achieve compliance; and
(3) Such permit applications are actively pending before the City,
state or other appropriate governmental agency.
(f) Administrative penalties assessed by the Hearing Examiner shall
be due by the date specified in the administrative order,
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(g) Administrative penalties assessed by the Hearing Examiner are
a debt owed to the City and, in addition to all other means of enforcement,
if the violation is located on real property, may be enforced by means of a
lien against the real property on which the violation occurred.
(h) If the violation is not corrected as specified in the Hearing
Examiner's order to correct, administrative penalties shall continue to accrue
on a daily basis until the violation is corrected, subject to the maximum
amount set forth in Section 1.10.11 O(a).
(i) If the violator gives written notice to the City Official that the
violation has been corrected and if the City Official finds that compliance has
been achieved, the City Official shall deem the date the written notice was
postmarked or personally delivered to the City Official or the date of the final
inspection, whichever first occurred, to be the date the violation was
corrected. If no written notice is provided to the City Official, the violation will
be deemed corrected on the date of the final inspection.
Section 1.10.120
Administrative costs.
(a) The Hearing Examiner shall assess administrative costs against
the violator when it finds that a violation has occurred and that compliance
has not been achieved within the time specified in the compliance order or
any extension granted by the Hearing Examiner.
(b) The administrative costs shall include any and all costs incurred
by the City in connection with the matter before the Hearing Examiner
27
including, but not limited to, costs of investigation, staffing costs incurred in
preparation for the hearing and for the hearing itself, and costs for all
reinspections necessary to enforce the compliance order.
Section 1.10.130 Failure to comply with administrative
compliance order.
Failure to pay the assessed administrative penalties and
administrative costs specified in the administrative order of the Hearing
Examiner may be enforced as:
(a) A personal obligation of the violator; and/or
(b) If the violation is in connection with real property, a lien or special
assessment upon the real property. The lien or special assessment shall
remain in effect until all of the administrative penalties, interest and
administrative costs are paid in full.
Section 1.10.140 Right of judicial review.
Any person aggrieved by an administrative order of the Hearing
Examiner may obtain review of the administrative order in the Superior
Court,
28
Section 1.10.150
Recovery of administrative civil
penalties.
The City may collect the assessed administrative penalties and
administrative costs by use of all available legal means, including recordation
of a lien pursuant to Section 1.09.180 or imposition of a special assessment
pursuant to the procedures established in Section 8.96.190(i).
Section 1.10.160 Report of compliance after administrative order.
If the City Official determines that compliance has been achieved after
a compliance order has been sustained by the Hearing Examiner, the City
Official shall file a report indicating that compliance has been achieved.
Section 1.10.170 Compliance dispute.
(a) If the City Official does not file a report pursuant to Section
1.10.160 above, a violator who believes that compliance has been achieved
may request a compliance hearing before the Hearing Examiner by filing a
request for a hearing with the City Clerk.
(b) The hearing shall be noticed and conducted in the same
manner as a hearing on a compliance order as set forth in Sections 1.10.070
through 1.1 0~090 of this Chapter.
(c) The Hearing Examiner shall determine if compliance has been
achieved and, if so, when it was achieved,
29
Section 1.10.180 Lien procedure.
(a) Whenever the amount of any administrative penalty and/or
administrative cost imposed by the Hearing Examiner pursuant to this
Chapter in connection with real property has not been satisfied in full within
ninety (90) days and/or has not been successfully challenged by a timely writ
of mandate, this obligation may constitute a lien against the real property on
which the violation occurred
(b) The lien provided herein shall have no force and effect until
recorded with the County Recorder. Once recorded, the administrative order
shall have the force and effect and priority of a judgment lien governed by
the provisions of Section 697.340 of the California Code of Civil Procedure
and may be extended as provided in Sections 683.110 to 683.220, inclusive,
of the California Code of Civil Procedure.
(c) Interest shall accrue on the principal amount of the judgment
remaining unsatisfied pursuant to law,
(d) Prior to recording any such lien, the City Official of Finance shall
prepare and file with the City Clerk a report stating the amounts due and
oWing.
(e) The City Clerk shall fix a time, date and place for hearing such
report and any protests or objections thereto by City Council.
(f) The Director of Finance shall cause written notice to be served on
the property owner not less than ten (10) days prior to the time set for the
hearing. Such notice shall be served as provided in Section 1.10.040
30
Section 1.10.190 Public hearing and protests.
(a) Any person whose real property is subject to a lien pursuant to
Section 1.10.180 may file a written protest with the City Clerk and/or may
protest orally at the City Council meeting
Each written protest or objection must contain a description of
the property in which the protesting party is interested and the grounds of
such protest or objection,
The City Council, after the hearing, shall adopt a resolution
confirming, discharging or modifying the amount of the lien,
Section 1.10.200 Recording of lien.
Thirty (30) days following the adoption of a resolution by the City
Council imposing a lien pursuant to Section 1.10.190, the City Clerk shall file
the same as a judgment lien in the Office of the County Recorder of Los
Angeles County, California. The lien may carry such additional administrative
charges as set forth by resolution of the City Council.
Section 1.10.210 Satisfaction of lien.
Once payment in full is received by the City for outstanding penalties
and costs, the Director of Finance shall either record a notice of satisfaction
or provide the property owner or financial institution with a notice of
satisfaction so they may record this notice with the Office of the County
Recorder. Such notice of satisfaction shall cancel the City's lien
31
Section 1.10.220 Designated body,
As an alternative to the procedures set forth in Sections 1.10.180
through 1.10.200 of this Code, the public hearing before the City Council and
the imposition of a lien by the City Council referenced in those sections may
be conducted and imposed by the Hearing Examiner.
Section 1.10.230 Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who
has received a compliance order to sell, transfer, mortgage, lease, or
otherwise dispose of it to another until the provisions ofthe compliance order
have been complied with or until such owner shall first furnish the grantee,
transferee, mortgagee or lessee, with a true copy of any compliance order
and shall furnish to the code official a signed and notarized statement from
the grantee, transferee, mortgage, or lessee, acknowledging the receipt of
such compliance order and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance order or
stating that the grantee, transferee, mortgagee, or lessee intends to timely
challenge the citation. The transfer of ownership in violation of this Section
shall not abrogate the transfer.
Section 1.10.240 Failure to pay administrative penalty.
The failure to pay an administrative penalty is a misdemeanor. The
filing of a criminal misdemeanor action does not preclude the City from using
32
any other legal remedy available to gain compliance with the administrative
penalty,
SECTION 5. Section 8.08.015 is hereby added to the Santa Monica Municipal Code
to read as follows:
Section 8.08.015 Stop Work Orders,
Section 202.4 of the Uniform Administrative Code, Section 104.2.4 of
the California Building Code, and Section 108.4 of the California Mechanical
Code are hereby amended to read as follows:
When work is being done contrary to any permit, to the
provisions of the Technical Codes or other pertinent laws or
ordinance implemented through the enforcement of this Code,
the Building Officer, or any subordinate authorized to act on
behalf of the Building Officer, may order the work stopped by
notice in writing on persons engaged in the doing or causing
such work to be done. Any stop work order is appealable to
the Building Officer if he/she was not involved in the initial
decision to issue the stop work order. If the Building Officer
was involved in the initial decision, then the stop work order is
appealable to the Building and Safety Commission. Any such
appeal shall be filed with the Building Officer within three
business days after the issuance of the stop work order.
Enforcement of the stop work order is stayed pending
33
resolution of the administrative appeal unless immediate
cessation of work is mandated because: (1) continuation of
the work presents an actual or potential danger to construction
workers, occupants of adjacent structures, adjacent public
infrastructure, or members of the public, (2) continuation of the
work would be in violation of Santa Monica Building Code
Section 108.1 or 108.4, (3) continuation of the work would
constitute a nuisance, or (4) no permit has been issued for the
work. When any of these factors are present, any person
ordered to stop work shall comply with such order forthwith,
If the stop work order is stayed pending appeal, any materials
installed or constructed after issuance of the order may be
required to be removed should the stop work order be affirmed
by the Building Officer or Building and Safety Commission
SECTION 6 Santa Monica Municipal Code Section 8.08.070 is hereby amended
to read as follows:
Section 8.08.070 Suspension or revocation of permits.
Section 303.5 of the Uniform Administrative Code Section 106.4.5 of
the California Building Code, Section 114.5 of the California Mechanical
Code, and Section 103.3.5 of the California Plumbing Code are amended to
read as follows:
34
Suspension or Revocation. The Building Officer may, in writing,
suspend or revoke a permit issued under the provisions of this code
whenever the permit has been issued in error, or on the basis of incorrect
information supplied, or in violation of any ordinances or regulations or any
provision of this code.
Any permit issued for which less than the correct permit and plan
checking fees were paid shall be considered an invalid permit and shall be
suspended until the complete bill of fees has been paid. Failure to pay the
correct fees shall be sufficient grounds for denial of any required ,inspection
or issuance of a temporary or permanent certificate of occupancy.
The Building Officer may also, in writing, suspend or revoke a permit
when construction or demolition activity:
1) is in violation of any provision of the approved plans, Technical
Codes or any other provision ofthe City's Municipal Code which is applicable
to this work, including but not limited to exterior noise standards and
permitted hours of operation pursuant to Sections 4.12.130 and 4.12.140 of
the Municipal Code.
(2) is in violation of any local condition of approval, including but not
limited to, required construction mitigation measures for occupied buildings
and adjacent properties.
(3) has created a safety hazard for adjacent properties or the public
way, as determined by the Building Officer.
35
Any suspension or revocation order is appealable to the Building
Officer if he/she was not involved in the initial decision to issue the order. If
the Building Officer was involved in the initial decision, then the suspension
or revocation order is appealable to the Building and Safety Commission.
Any such appeal shall be filed with the Building Officer within three business
days after the issuance of the order. Enforcement of the suspension or
revocation order is stayed pending resolution of the administrative appeal
unless immediate enforcement of the order is mandated because: (1)
continuation of the work presents an actual or potential danger to
construction workers, occupants of adjacent structures, adjacent public
infrastructure, or members of the public, (2) continuation of the work would
be in violation of Santa Monica Building Code Section 108.1 or 108.4, or (3)
continuation of the work would constitute a nuisance, When any of these
factors are present, any person ordered to stop work shall comply with such
order forthwith. If the suspension or revocation order is stayed pending
appeal, any materials installed or constru cted after issuance of the order may
be required to be removed should the order be affirmed by the Building
Officer or Building and Safety Commission,
36
SECTION 7. Santa Monica Municipal Code Section 8.08.020 is hereby amended
to read as follows
Section 8.08.020 Boards of Appeal.
Section 204.1 of the Uniform Administrative Code, Section 105. of
the California Building Code, and Section 110.1 ofthe California Mechanical
Code, are hereby amended to read as follows:
(a) Pursuant to Section 204.1 of the Uniform Administrative Code,
Section 105.1 ofthe California Building Code, Section 110.1 of the California
Mechanical Code, California Health and Safety Code Section 19957.5 and
Section 1002 of the Santa Monica City Charter, there are hereby created the
following Boards of Appeal:
(1) Building and Safety Commission. The Building and Safety
Commission shall be composed of five qualified members as follows: one
State of California licensed architect, one State of California registered civil
or structural engineer, one State of California licensed building contractor,
and two public members The jurisdiction of this Board shall be limited to
hearing appeals of orders, decisions, or determinations made by the Building
Official relative to the application and interpretations of the Technical Codes,
The Board shall have no jurisdiction over any matter reserved for any other
board or commission established by City Charter or this Code, any stop work
order appealable to the Building Officer, any citations or orders issued
pursuant to Chapters 1.09 or 1.10 of this Code, or any abatement
37
proceedings initiated under Chapters 8.84,8.88,8.92 or 8.96 of Article VIII
of this Code or their successors.
(2) Accessibility Appeals Board. The Accessibility Appeals Board
shall be composed of five qualified members as follows: a minimum of two
physically disabled members, two members experienced in construction, and
one public member. The two members experienced in construction and one
public member shall be members of the Building and Safety Commission,
The jurisdiction of this Board shall be limited to hearing of appeals of
the interpretation of accessibility code standards, equivalent facilitation and
hardship exemptions for accessibility items regulated in any of the Technical
Codes as adopted, including the State Historical Building Code,
(b) Members of the Boards of Appeal shall be appointed by the City
Council to serve a term offour (4) years unless removed for cause. No board
member shall hold any paid office with the City.
The Building Officer or his or her designee shall be an ex-officio
member of each such board created and shall act as secretary.
Said Boards of Appeal shall adopt reasonable rules and regulations
for conducting investigations and business and shall render all decisions and
findings in writing to the responsible official and appellants. Said Boards may
also recommend to the appointing authority such new legislation as is
consistent therewith,
The Building Officer shall have authority to promulgate and or adopt
administrative regulations governing the appeal of orders, decisions and
38
)
determinations of the Building Officer except for those subject to the
jurisdiction of the Nuisance Abatement Board under provisions of Chapters
8.84, 8.88, 8.92 or 8.96 of this Code.
SECTION 8. Santa Monica Municipal Code Sections 8.100.060 is hereby repealed.
SECTION 9. This Ordinance shall become effective on July 15, 2002.
SECTION 10. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions ofthis Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
39
SECTION 12. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance, The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption.
APPROVED AS TO FORM:
~.
F:\A TTY\MUNI\LAWS\BARRY\adminrem2d-1.wpd
40
Adopted and approved this 14th day of May, 2002.
kLJ~~~
Kevin McKeown, Mayor Pro Tem
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2043 (CCS) had it's introduction on April 9, 2002, and was
adopted at the Santa Monica City Council meeting on May 14, 2002, by the following
vote:
Ayes:
Council members:
O'Connor, Bloom, Genser, Katz, Mayor Pro Tem
McKeown
Noes:
Council members:
None
Abstain: Council members: None
Absent: Council members:
Holbrook, Mayor Feinstein
ATTEST:
~:Lo.~
Maria M. Stewart, City\Clerk