CC - Item 1A - Workshop on Code Enforcement and Public Safety E M
ROSEMEAD CITY COUNCIL
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"°'°`
rr STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: JEFF ALLRED, CITY MANAGER �✓ " 1
DATE: NOVEMBER 10, 2014
SUBJECT: WORKSHOP ON CODE ENFORCEMENT AND PUBLIC SAFETY
The following background information is provided for the City Council workshop.
Code Enforcement
• Prior to 2011, the City enforced provisions of the Municipal Code by filing criminal
misdemeanor charges in court against the owners of residences or businesses
who refused to comply. This criminal misdemeanor process resulted in the City's
payment of significant legal fees to city attorneys for the filing and prosecution in
court.
• In September of 2011, the City Council added Municipal Code Chapter 1.20 to
enable the enforcement of violations through civil administrative citations. This
administrative citation process has saved the City approximately $70,000 per
year in legal costs. In addition, administrative citation fines have become a
revenue source to the City of approximately $30,000 per year.
• Currently, the City's policy is to take a 'proactive"code enforcement approach for
commercial properties based on the following language in the existing Strategic
Plan.
Strategy 3: Beautification and Infrastructure , Action Item B: Take
proactive measures to ensure that commercial property owners comply
with existing property maintenance provisions of the municipal code and
conditions of approval, e.g., trash and debris, overgrown or dead
vegetation, weeds, graffiti, unpainted buildings, broken windows, or other
neglect of premises conditions constituting unsightly appearance.
• Code enforcement on residential properties is a more reactive "complaint
based" process. Warnings are typically issued before administrative citations are
issued to residents.
ITEM NO. J.11/4
City Council Workshop
November 10,2014
Page 2 of 3
Public Safety—Law Enforcement
• Public Safety is the City's number one priority, which is consistent with allocation
of financial resources in the City's annual Budget. For the current Fiscal Year,
expenditures for the Public Safety Department total $7.9 million which represents
over 42% of the City's $18.5 million expenditures from the General Fund.
• Initiatives in the current fiscal year include the Area Watch public outreach crime
prevention program, expansion of the Public Safety CONNECTIONS and the
Business Watch programs, implementation of the GPS "bait" program to combat
property thefts and apprehend thieves, distribution of flyers to neighborhoods to
combat burglaries, update The Parent's Survival Guide, etc.
• In recent weeks, gunshot incidents have occurred in or near the southern section
of the City. As a result, Lt. Somoano has taken action to bring in additional
Sheriff's Department resources for deployment in the affected areas. In addition,
the Gang Task Force resources are being accessed. The subject incidents
include the following:
o On 10/21/14, a car-to-car shooting occurred on eastbound Garvey Avenue
near Muscatel Avenue. The victim of the shooting continued east on
Garvey Avenue into South El Monte where the vehicle crashed near
Rosemead Blvd. The shooting victim was transported to the hospital
where he was later pronounced dead.
o On 10/30/14, deputies responded to the 1100 block of Garvey Avenue to
assist the Monterey Park Police Department. Initially it was reported that
an unseen suspect fired a gunshot at Monterey Park police officers parked
in a police vehicle. The officers were not injured, and the subsequent
investigation revealed that the vehicle was not hit by gunfire. The initial
report of attempted murder on a police officer has been downgraded.
o On 11/1/14, at approximately 1:10 a.m., deputies responded to the 7900
block of Virginia Avenue regarding a person shot. The investigation
revealed that an 18 year-old victim and the suspect were involved in an
argument at a residential Halloween party. The suspect produced a
handgun and shot the victim in the abdomen. The victim was transported
to the hospital where he was later pronounced dead.
o On 11/1/14 at about 2:40 p.m., a motorist was traveling on Graves Avenue
at Eckhart Avenue (in South San Gabriel) when three pedestrian suspects
flashed gang signs at the motorist and asked him where he was from. As
the motorist drove away from the suspects his car was fired upon and
struck with bullets breaking a window. The driver was not injured.
City Council Workshop
November 10,2014
Page 3 of 3
Deputies searched the area and arrested three suspects in connection
with the shooting.
• Attached for the Council's review are the most recent statistical reports regarding
crime in Rosemead.
Attachments
MEMORANDUM
TO: Jeffrey Allred, City Manager
FROM: Lt. Ignacio Somoano, Chief of Police
DATE: November 5, 2014
RE: Shopping Cart Ordinance enforcement update
The following is a re-cap of enforcement activity related to shopping cart
violations in the city. The first citation issued for a violation of the
shopping cart ordinance was on March 18, 2014. The latest citation was
issued on November 5, 2014. In total, 33 citations have been issued, with
the following dispositions:
Shopping Cart citation issued 33
Voided 17
Processed 16
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MEMORANDUM � r
TO: Jeffrey Allred , City Manager
Lt. Ignacio Samoano, Chief of Police
FROM: Michael Reyes, Code Enforcement Supervisor
DATE: November 5, 2014
RE: Monthly Code Enforcement Citation Report
The following is a listing of all citations issued by the Code Enforcement
team for violations related to new and existing Code Enforcement cases
for the months of September through October 2014.
Citations issued include fines for
o Operating without proper business licensing
o Building without proper permits
o Property maintenance violations
Citations for animal licensing, illegal vending, shopping carts, and casino
busses have also been issued during this time period.
This report shows a tremendous increase in citations issued when compared
with the same time period one year ago.
The Code Enforcement team also generates a significant amount of revenue
due to new building permits being obtained and new business licenses being
acquired, which are not reflected in these attachments.
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TO: Jeff Allred, City Manager
FROM: Ignacio Somoano, Chief of Police
DATE: November 4, 2014
SUBJECT: SIGNIFICANT LAW ENFORCEMENT INCIDENTS:
3rd Quarter 2014 Crime Statistics
For your review is the City of Rosemead Crime Statistics for the third quarter of 2014,
covering July, August and September. Part I crimes in Rosemead were up 28.87 % for
the month of July, Down 5.61% for the month of August, and down 4.85% for the month
of September of 2014, in comparison to the year 2013. Additionally, Part I crimes are
up 17.15%, Year To Date (YTD), as compared to 2013.
The city of Rosemead had the following monthly decreases in the following crimes as
compared to the 3rd quarter of 2013:
July
2013 2014 Difference Percent Change YTD
Robbery 8 3 -5 -62.50% -18.92%
August
2013 2014 Difference Percent Change YTD
Robbery 8 6 -2 -25.00% -20.00%
Burglary 16 13 -3 -18.75% -10.33%
Assaults 9 8 -1 -11.11% +23.40%
Grand Theft Auto 19 7 -12 -63.16% +22.83%
September
2013 2014 Difference Percent Change YTD
Burglary 25 15 -10 -40.00% -13.88%
Assaults 5 4 -1 -20.00% +17.31%
Grand Theft Auto 20 14 -6 -30.00% +13.39%
Unfortunately, larcenies continue to show the highest year to date increases. These
crimes include thefts from vehicles (batteries, purses, cell phones, etc.), thefts from
Department stores, and thefts of bicycles. Grand Theft Autos have been slowly
decreasing during the 3rd quarter, compared to the beginning of this year.
11/04/14
To combat the increases in larcenies, the Sheriff's Department has implemental a new
Law Enforcement tool. In July, Temple Station acquired several Global Positioning
System devices and installed them in various items, including a bicycle. These items
were then placed in public areas and left as bait devices. Once the item was stolen,
Temple Station was notified and the stolen item was electronically tracked. These
devices were thoroughly tested in July, August and September. These bait devices led
to 36 arrest in the Temple Station area, including 30 misdemeanor arrest and 6 felony
arrest. These devices were mostly deployed in the cities of Rosemead and South El
Monte. The devices led to 24 arrest in the city of Rosemead and 12 arrest in other
areas patrolled by the Tempe Station.
For this quarter, there was a 37% increase in larcenies, over the previous year. If the
bait related crimes were removed from these figures, larcenies would have a 21%
increase. The test period for this project has been concluded and based on its success,
the city of Rosemead has purchased two of these tracking devices with seizure funds to
help combat crimes in the city of Rosemead.
In our efforts to address property crimes, with an emphasis on residential burglaries, the
Public Safety Department has continued to utilize the following programs:
• Flyers continue to be distributed by the Public Safety Department in areas where
residential burglaries have occurred. The intent is to seek possible witnesses,
alert the area of the recent crime, educate about crime prevention measures and
reinforce public safety telephone numbers.
• The Community Area Watch program has concluded for its first year. Positive
feedback has been received and we are looking forward to continuing community
outreach and support.
• Increases with Neighborhood Watch groups, as a result of interest generated at
the Community Area Watch meetings.
As of the end of September 2014, the city of Rosemead has had a 13.88 percent
decrease in combined residential of commercial burglaries.
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City of Rosemead
Memorandum
TO: JEFF ALLRED, CITY MANAGER
FROM: MATT HAWKESWORTH, ASST. CITY MANAGER/INTERIM PW DIRECTOR
DATE: NOVEMBER 10, 2014
SUBJECT: SHOPPING CART STATISTICS
Big Saver Rosemead Market City-wide Total
March 2014 355 N/A 493
April 2014 315 139 (partial month) 610
May 2014 282 277 620
June 2014 364 330 777
July 2014 252 273 653
Aug. 2014 319 305 772
Sept. 2014 292 249 657
Page 1 of 1
• Rosemead, CA Code of Ordinances Page 1 of 10
1.20.010-Applicability.
A. This chapter makes any violation of the provisions of this code subject to civil fine.
B. This chapter establishes the administrative procedures for the imposition, enforcement, collection,
and administrative review of civil fines pursuant to California Government Code Section 53069.4.
C. Pursuant to California Government Code Section 38773,the City has authority to judicially abate
public nuisances by filing criminal or civil actions. The City also has the authority under state law to
make the expense of abatement of the nuisance a special assessment, or a lien against the
property on which it is maintained and a personal obligation against the property owner, in
accordance with California Government Code Section 38773.1 or 38773.5. Pursuant to California
Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal
judgment within a two-year period for abatement of a public nuisance finding the owner, minor or
other person responsible for a condition that may be abated, except for conditions abated
pursuant to California Health and Safety Code Section 17980,the court may order that person to
pay treble the costs of abatement. "Minor or other person"shall be defined as set forth in
California Government Code Section 38772(d)(3).
D. The issuance of an administrative citation under this chapter is solely at the City's discretion and is
one option the City has to address violations of this code. By adopting this chapter, the City does
not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations
that the City may select in a particular case.
E. The purpose of issuing administrative citations pursuant to this chapter is to encourage voluntary
and complete compliance with the provisions of this code for the protection and benefit of the
entire community.
F. Notwithstanding any lease, license or any other instrument or agreement, the owner of any real
property has the right to enter upon his or her own property to the extent reasonably necessary to
abate any nuisance or correct any violation of this code existing thereon. The provisions of this
subsection shall be an implied term of any instrument affecting the right to possession of real
property located in the City of Rosemead.
G. Because of the serious blighting conditions that can result affecting the residents' health and
safety, this chapter is intended to impose strict civil liability upon the owners and lessees of real
property for all building, housing, fire and health code and zoning violations that occur upon the
subject premises.
(Ord. 918, §2,9-13-11)
1.20.020- Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
A. Building violation -Any violation of this code pertaining to building, plumbing, electrical,
mechanical, or other similar structural or zoning regulations set forth in this code that does
not create an immediate danger to health or safety.
B. Citation -An administrative citation issued pursuant to this chapter. Citation includes a notice
of noncorrection unless the context clearly shows otherwise.
C. Citee - Person given an administrative citation charging him or her as a responsible person for
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Rosemead, CA Code of Ordinances Page 2 of 10
a code violation.
D. City Attorney-The City Attorney or his/her designee.
E. City Treasurer-The City Treasurer or his/her designee.
F. Enforcement Officer-Any City employee or agent of the City designated by the Director of any
City department which has the authority and responsibility to enforce provisions of this code.
G. Finance Director- Shall mean the Director of the City's Finance Department or his/her
designee.
H. Hearing Officer-The person appointed by the City Manager to serve as the Hearing Officer for
administrative hearings. Prior to conducting hearings the Hearing Officer must first be
certified by the City Attorney as qualified to provide a fair and impartial hearing based on
appropriate education, training and experience.
I. Issued - Giving a citation to the citee and issuance occurs on the date when a citation is
personally served on the citee,the date it is mailed to the citee, or the date it is posted on real
property where a property related violation occurs.
J. Issuing department-The City department that has the authority and responsibility for
enforcing the code section(s) designated on a citation as having been violated.
K. Notice of noncorrection -A reissuance of an original citation for a building violation which
notes a violation(s)on the original citation has not been corrected within the applicable
correction period.
L. Responsible person -A responsible person is any of the following:
(1) A person who causes a code violation to occur.
(2) A person who maintains or allows a code violation to continue, by his or her action or
failure to act.
(3) A person whose agent, employee, or independent contractor causes a code violation by
its action or failure to act.
(4) A person who is the owner of, and a person who is a lessee or sublessee with the current
right of possession of, real property where a property related code violation occurs.
(5) A person who is the on-site manager of a business who normally works daily at the site
when the business is open and is responsible for the activities at such premises.
For purposes of this subdivision, "person" includes a natural person or legal entity, and the
owners, majority stockholders, corporate officers,trustees, and general partners of a legal entity.
There shall be a legal rebuttable presumption that the record owner of a parcel according to the
County's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice
of any code violation existing on the premises.
For the purposes of this chapter,there may be more than one responsible person for a code
violation, and a minor at least fourteen (14)years of age may be a responsible person subject to the
provisions of this chapter.
(Ord. 918,§2,9-13-11)
1.20.030-Administrative citation for non-building violation.
A.
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Rosemead, CA Code of Ordinances Page 3 of 10
Any Enforcement Officer upon determining that a provision of this code, which he or she is
charged to enforce, has been violated has the authority to issue an administrative citation to any
responsible person or persons.An Enforcement Officer may issue a citation for a violation the
officer did not see occur if the officer has determined through investigation that the responsible
person did commit the violation.A responsible person to whom a citation is issued shall be liable
for and shall pay to the City Treasurer the fine or fines described in the citation when due pursuant
to the provisions of this chapter.
B. Each day a violation of this code exists shall be a separate violation and be subject to a separate
fine.A citation may charge a violation for one or more days on which a violation exists, and for
violation of one or more code sections.
C. The City may take into consideration the fact that a person has been issued citations when the City
is determining whether to grant, suspend, revoke, or deny any permit, license, or any type of land
use approval for the person and such citations are evidence that the person has committed acts
that are not compatible with the health, safety and general welfare of other persons and
businesses in the vicinity.
(Ord. 918,§2, 9-13-11)
1.20.040-Administrative citation for building violation.
A. Before issuing an administrative citation for any violation of building, plumbing, electrical,
mechanical, or similar zoning regulation set forth in this code or incorporated by reference, the
Enforcement Officer must first issue a written compliance order to the person(s) responsible for
the violation unless the violation constitutes an immediate threat to public health or safety. A 30-
day correction period shall be provided for the correction of the violation and the cite shall correct
the violation within that period. The compliance order must contain all the required information in
accordance with Section 1.20.050 0
B. When the compliance period has expired, a citation is issued for a building violation shall be
issued. Notwithstanding Section 1.20.030 0, no responsible person for a building violation shall be
liable for a civil fine unless the violation continues after the 30-day correction period (plus any
extension) and he or she is issued a notice of noncorrection.
C. The citee of a building violation may request an extension of the correction period provided that a
request is filed with the Director of the Issuing Department before the 30-day period ends.The
Director may in his or her discretion grant a reasonable extension of the period of time to correct
the violation if the citee has supplied substantial evidence showing that the correction cannot
reasonably be made within the 30-day period.The Director's decision shall be in writing and is
final. The filing for such an extension does not, unless granted, extend the 30-day correction
period or any other time periods set by this chapter.
D. If a building violation has not been corrected by the end of the correction period, the Enforcement
Officer has authority to issue to the responsible person a notice of noncorrection.The citee to
whom the notice of noncorrection is issued shall be liable for and shall pay to the City the fine or
fines described in the notice of noncorrection which fine shall be due on the date the notice of
noncorrection is issued.Additional citations may be issued and fines imposed for every day the
violation continues uncorrected from the date the notice of noncorrection is issued and the citee
shall be liable for and shall pay to the City treasurer any additional fine which shall be due on the
date any new citation is issued.
(1)
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Rosemead, CA Code of Ordinances Page 4 of 10
The director of the department that issued the citation may cancel a citation within thirty(30)
days of the citation date upon a showing of special circumstances if an administrative hearing
has not been requested under Section 1.18.100.
E. If upon reinspection the enforcement officer determines the violation has been corrected, he or
she will issue a notice of decision to the citee indicating correction has been made.
(Ord. 918, 4 Z 9-13-11)
1.20.050 Citation -Contents.
A. Each administrative citation shall contain the following information:
(1) Name of the responsible person for the violation of this code.
(2) Date and approximate time on which an inspection established the code violation.
(3) Issuing department for the code section(s)violated.
(4) The code sections or conditions violated.
(5) Address or definite description of the location where the code violation occurred.
(6) Description of the violation established by inspection.
(7) Amount of the fine for the violation and procedure to pay the fine and avoid a late payment
penalty.
(8) Designation of a building violation Of applicable), date the thirty-day correction period expires,
and how to request an extension of that period, and designation of a notice of noncorrection
for a building violation that has not been corrected.
(9) Designation of any prior citations, issued for the same code violations, if known.
(10) Description of the procedure for requesting a waiver of fine deposit and/or an administrative
hearing to contest a citation.
(11) A notice that the code violation is a nuisance and that collection of unpaid fines and/or
nuisance abatement costs can be enforced as an assessment or lien against the property
where a property related code violation occurs and that unpaid assessments can result in the
property being sold after three years by the County Assessor as set forth in Section 1.20.150 0
of this code.
(12) Signature of the Enforcement Officer issuing the citation.
(13) Date the citation is issued.
(14) Any other information deemed necessary by the City Attorney, City Treasurer or Finance
Director for enforcement or collection purposes.
(0rd.918,§2,9-13-11)
1.20.060-Service of citation.
A. A citation may be served as follows:
(1) An Enforcement Officer may personally serve the citation on the citee; or
(2) An Enforcement Officer may mail the citation by certified mail, postage prepaid, return receipt
requested.The citation shall be mailed to the citee's address shown on the county's last
equalized property tax assessment rolls for a property related violation, or to any address
known for the citee for all other violations. If a notice that is sent by certified mail is returned
unsigned, then service will be deemed effective by regular mail, provided that notice is not
returned. Service by mail will be effective on the date of mailing; or
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Rosemead, CA Code of Ordinances Page 5 of 10
(3) An Enforcement Officer may post the property in a conspicuous place with a copy of the
citation when the citee resides at an unknown address other than where the violation occurs.
A copy of the citation shall also be mailed via certified mail to the citee at the property
address.
B. The individual service the notice or citation must complete a declaration of service.
C. The failure of any interested person to receive any notice served in accordance with this section
will not affect the validity of any proceedings taken under this chapter.
(Ord.918,42,9-13-11)
1.20.070-Amount of civil fines.
A. The amount of the fines for violating particular provisions of this code shall be set in a schedule of
fines adopted by resolution by the City Council. The schedule may include escalating fine amounts
for repeat code violations occurring within specified periods of time.
B. The schedule of fines may also specify the amount of interest, late payment penalty,and
processing fee owed for any fine not paid when due.A late payment penalty and interest shall be
owed for fines not paid within thirty(30)days of the date of issuance of the citation.
C. Fines are due on the day the citation is issued, except(i)fines for building violations shall be due
on the day the notice of noncorrection is issued and (ii)when a fine deposit has been waived
pursuant to Section 1.20.110 0 and the Hearing Officer upholds the citation, the fine shall be due
on the date the decision is made and personally served on the citee or the date the decision is
mailed to the citee.
(Ord. 918,§2,9-13-11)
1.20.080- Payment of civil fines.
A. Fines shall be paid to and received by the City Treasurer within thirty(30) days of the date of
issuance of the citation.
B. Payment of a fine shall not excuse the citee from correcting the code violation.The issuance of a
citation and/or payment of a fine does not bar the City from taking any other enforcement action
regarding a code violation that is not corrected, including issuing additional administrative
citations and/or criminal complaints.
C. The failure to pay is considered a debt to the City.
(Ord. 918,52, 9-1341)
1.20.090- Preliminary review.
A. A person issued an administrative citation may request a preliminary review, if the request is made
within fourteen (14) days of the date the citation is issued.A notice of noncorrection of a building
violation shall not be subject to a request for preliminary review.
B. To obtain a review, the citee shall go to the City government building where the Issuing
Department is located.The citee must present a copy of the citation and a completed and signed
request form stating the reasons why there was no violation or why he or she is not a responsible
person for the violation.All requests shall be date stamped upon receipt.
C.
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Rosemead, CA Code of Ordinances Page 6 of 10
The preliminary review shall be conducted by a City employee designated by the Director of the
Issuing Department. The reviewer shall not be the Enforcement Officer who issued the citation.
The purpose of the review is to uncover and cancel any mistakenly issued citations due to errors
that are easily verifiable, and not to resolve factual disputes concerning the violation that is the
subject of the citation.
D. The preliminary review shall consist of a review of the citation and the written request form and
any other evidence submitted at the time of the request by the cite and, at the discretion of the
reviewer, any other related information.Where the review is not completed within five working
days of receipt of the request,the request shall be deemed denied.
E. The citee shall be notified of the results of the review by being given a notice of decision form
stating the review decision.The citee may also be given additional notice by telephone or facsimile
when practicable.
F. A request for preliminary review does not extend any time periods for compliance, including the
fine due date, the time any correction period ends, and the time to request an administrative
hearing.
G. If the reviewer concludes that no code violation occurred or that the citee was not responsible for
the violation,the citation shall be canceled.
(Ord. 918, §2,9-13-11)
1.20.100- Request for administrative hearing.
A. Any person receiving an administrative citation may contest it by filing a request for an
administrative hearing, except that a hearing for a building violation may not be requested unless
and until a notice of noncorrection is issued.To obtain a hearing, the citee shall file a signed
written request form contained on the reverse side of the citation and indicate the grounds for
contesting the citation and fine.A citee may contest the citation by denying that a violation
occurred, by denying that it was not corrected within the correction period, if applicable, or by
denying that the citee is a responsible person for the violation.
B. To be effective and complete, the request must be received by the City within thirty(30) days of
the date the citation was issued, and be accompanied by evidence of payment of the full amount
of the fine.Where a request and fine deposit are mailed by the citee, the request and fine deposit
shall be deemed filed on the date received by the City Treasurer.All requests shall be date
stamped upon receipt.
C. The person requesting the administrative hearing may file a written declaration with the City
before the hearing or personally attend the hearing on the date,time and place specified by the
Hearing Officer.A failure to file a written declaration before the hearing or personally attend the
hearing will be considered a non-appearance. Non-appearance by the citee shall constitute an
abandonment of the request, unless the hearing was continued pursuant to Section 1.20.120()(f).
(Ord. 918, §2, 9-13-11)
1.20.110-Waiver of fine deposit.
A. A person who files a request for an administrative hearing may also request at the same time a
hardship waiver of the fine deposit.To seek such a waiver and obtain a separate hearing on the
request,the citee must check the box indicating this request on the form contained on the reverse
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Rosemead, CA Code of Ordinances Page 7 of 10
•
side of the citation and attach a statement of the grounds for the request.To be effective, this
form requesting the waiver and the administrative hearing must be received by the City within
thirty(30)days of the date the citation is issued.
B. The person requesting the waiver bears the burden of establishing by substantial evidence that he
or she does not have the financial ability to make the deposit of the fine.The citee shall appear at
the hearing as set by the Hearing Officer's office or file a written declaration with the hearing
officer prior to the hearing.A failure to file a written declaration before the hearing or personally
attend the hearing will be considered a non-appearance. Non-appearance shall constitute an
abandonment of both the requests unless the hearing was continued pursuant to Section 1.20.120
0(f).
C. The waiver request will be decided by the Hearing Officer at a separate hearing before the
administrative hearing on the contest of the citation.At the conclusion of the hearing on the
waiver request,the Hearing Officer shall issue a decision that the fine deposit is or is not waived. A
copy of the notice of decision shall be delivered to the citee at the end of the hearing on the waiver
request.
D. If the waiver is denied, the citee shall pay the fine amount within fourteen (14)days to the City
Treasurer. Failure to make the deposit by the time required shall be deemed an abandonment of
the contest. Upon receipt of the fine amount, the administrative hearing to contest the citation
shall be set pursuant to Rosemead Municipal Code§1.20.120 0
E. The filing of a request for hardship waiver of the fine deposit does not extend any time periods set
forth in this chapter, except the time when the fine deposit must be made. The Hearing Officer's
decision on the waiver request is final and not subject to an appeal pursuant to Section 1.20.140 0
(Ord. 978,§2, 9-13-11)
1.20.120- Hearing procedures
A. The hearing shall be conducted by a Hearing Officer on the date,time and place specified by the
City Attorney.
B. The Enforcement Officer shall ensure that the pertinent citation records are delivered to the
Hearing Officer for a citation set for a hearing, including information showing all fine deposits and
waivers granted.The City shall also make available to the citee before the hearing a copy of any
additional reports concerning the citation that are provided to the Hearing Officer.
C. The citee shall be given the opportunity to testify and to present evidence relevant to the code
violation specified in the citation.A parent or legal guardian of a citee,who is a minor, under
eighteen (18)years of age, shall accompany the citee.
D. The citation and any other reports prepared by the Enforcement Officer, or at his or her request,
concerning the code violation or attempted correction of the code violation that are provided to
the Hearing Officer shall be accepted by the Hearing Officer as prima facie evidence of the code
violation and the facts stated in such documents.
E. Neither the Enforcement Officer nor any other representative of the City shall be required to
attend the hearing, nor shall the Hearing Officer require that there be submitted any evidence,
other than the citation, that may exist among the public records of the City on the violation.
However, any such appearance and/or submission may be made at the discretion of the
Enforcement Officer or any City employee or agent.
F.
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Rosemead. CA Code of Ordinances Page 8 of 10
The Hearing Officer may continue a hearing if a request is made showing good cause by the citee
or a representative of the City.All continuance requests shall either: (i) be made in person at the
hearing by the citee or his or her representative if the citee is physically unable to attend, or(ii) be
made by a written request received by the City Attorney at least twenty-four(24) hours before the
hearing date. If the continuance is granted, a new hearing date shall be set within forty-five (45)
days. If the continuance is denied,the hearing shall proceed then and there as scheduled, and if
the citee is not present the request(s)shall be deemed abandoned in accordance with subsection
H below. The Hearing Officer's decision is final and he or she shall either personally give the notice
of decision to the citee or the representative if present at the end of the hearing or request that
the notice be mailed by the City Attorney.
G. The hearing shall be conducted informally and the legal rules of evidence need not be followed.
The Hearing Officer does not have the authority to issue a subpoena.
H. The Hearing Officer may continue any hearing and request additional information before issuing a
decision.
G. The failure of the citee to appear at the hearing, unless the hearing was continued per subsection
F above, shall constitute an abandonment of the request for waiver of the fine deposit and/or the
contest, and a failure to exhaust administrative remedies concerning the violation set forth in the
citation.The fine deposit shall be credited by the City upon the fine due for the violation. The
failure to appear by the citee shall be noted on the notice of decision by the Hearing Officer which
will be mailed to the citee by the City.
(Ord.918,5 2, 9-13-77)
1.20.130-Administrative hearing decision.
A. After considering all the evidence and testimony submitted at the administrative hearing,the
Hearing Officer shall issue a written decision to uphold or cancel the citation. The Hearing Officer
has no discretion or authority to reduce or modify the amount of any fine.The decision will be
made on a notice of decision form and will state the reasons and evidence considered for the
decision.The decision of the Hearing Officer shall be made within fourteen (14) days from the
conclusion of the hearing and shall be final.
B. If the decision is to uphold the citation,the City shall keep the fine deposited as payment upon the
fine due. If the decision is to cancel the citation,the Finance Director shall refund the fine deposit
to the citee within thirty(30) days of the filing of the decision. If the citation is upheld and the fine
deposit has been waived, the fine shall be due to the City Treasurer on the date the decision is
given to the citee at the end of the hearing by the Hearing Officer.
C. The Hearing Officer's continued employment, performance evaluation, compensation, and
benefits shall not directly or indirectly be linked to the amount of citations upheld or canceled by
the officer.
(Ord.918,52,9-13-11)
1.20.140- Right to judicial review.
A. The citee may seek judicial review of the administrative hearing decision by filing an appeal with
the Los Angeles County Superior Court within twenty(20) calendar days after the citee receives a
copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of
California Government Code Section 53069.4.The appeal filed with the court must also contain a
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proof of service showing a copy of the appeal was served upon "City of Rosemead (Attention: City
Attorney)."The citee must pay to the Los Angeles County Superior Court any necessary filing fees
when the appeal is filed.
B. No appeal is permitted from a decision on a request for preliminary review, or an extension of the
thirty-day correction period for building violations, or a request for waiver of the fine deposit, or
where the citee is deemed to have abandoned the contest of the citation by an unexcused
nonappearance at the hearing or failure to deposit the fine.
C. The City Attorney, shall forward to the court within fifteen (15) days of its request, the pertinent
citation documents for any case appealed to that court. If the court cancels any citation, the City
Treasurer will refund any fine deposit made and the twenty-five dollar($25.00)appeal filing fee.
(Ord. 918,§Z 9-13-11)
1.20.150-Collection of unpaid fines.
A. The City Treasurer at his/her discretion may pursue any and all legal and equitable remedies for
the collection of unpaid fines, interest and penalties.
(1) Pursuit of one remedy does not preclude the pursuit of any other remedies until the total
fines, interest and penalties owed by a person under this chapter have been collected.
(2) The City may refuse to issue, extend, or renew to any person, who has unpaid delinquent
fines, interest, penalties, liens or assessments, any City permit, license, or other City services
or approval pertaining to the property or person that is the subject of the fine and citation.
(3) Any permit, license, or any type of land use approval issued by the City to a person who has
unpaid fines, interest and penalties totaling one thousand dollars ($1,000.00) or more that
remain delinquent for thirty(30) days or longer shall automatically be suspended. The
suspension becomes effective 10 days after the day notice of the suspension is sent via
certified, U.S. mail, postage prepaid, addressed to the person, and continues until the
delinquency is paid in full. The person may request a review hearing pursuant to the
procedures in Section 1.20.090 C on the issue of delinquency, if the request is filed before the
ten-day period ends. Continuing to operate under a suspended permit, license or approval
shall be grounds for the revocation of the permit, license or approval.
(4) The City Attorney, at his or her discretion, may also issue a criminal complaint to any citee for
a code violation when the applicable fine, interest or penalty has not been paid.
B. Any violation of this code shall constitute a nuisance.To compel code compliance,the City may
seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien
and/or special assessment against the property where a property related violation occurred in
accordance with the procedures in Government Code Sections 38773.1 and 38773.5.Any unpaid
delinquent civil fines, interest and penalties maybe recovered as such a lien or special assessment
against the property of the responsible person who is the owner of the property where the
violation occurred.
C. To pursue an abatement of a code violation as a nuisance and recover any delinquent civil fines,
interest and penalties as a lien or special assessment, the following conditions must be met:
(1) The City Treasurer in conjunction with the City Attorney must certify the amounts of the liens
and special assessments sought to be collected from each property owner; and
(2) The total amount of the delinquent fine, interest and penalty against the property owner must
be two hundred fifty dollars($250.00)or more and be delinquent for sixty(60) days or more.
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D. The City Treasurer is authorized to take any steps necessary to enforce collection of the lien or
special assessment, including, but not limited to,the following:
(1) Request the County Recorder to record a notice of any lien or special assessment certified by
the City Treasurer.
(2) Request the County Tax Collector to collect any special assessments certified by the City
Treasurer.
The City Treasurer may pursue these remedies whether or not the City is pursuing any other
action to terminate an ongoing code violation that was the basis for the fine.
E. All citations shall contain a notice that unpaid fines, interest and penalties are subject to the
assessment and lien collection procedures of this section.This notice shall satisfy the notice
requirements of Government Code Sections 38773.1 and 38773.5 when a citation is personally
served on the citee.
F. The mother, father and the legal guardian if there is no living parent, of a citee who is a minor shall
be liable for any fines, penalties or interest or any other fees imposed upon the minor pursuant to
the provisions of this chapter. Any such amounts may be collected from the minor or a parent or
guardian.
(Ord. 918,§2, 9-1341)
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