Sections:
1.20.010 Application of chapter.
1.20.020 Definitions.
1.20.030 Notices of violation.
1.20.035 Preliminary review.
1.20.040 Civil citations.
1.20.050 Citation contents.
1.20.060 Service of citations and notices.
1.20.070 Civil fines.
1.20.080 Request for administrative review.
1.20.090 Waiver of fine deposit.
1.20.100 Administrative review.
1.20.110 Decision and administrative order.
1.20.120 Judicial review.
1.20.130 Collection of unpaid fines.
1.20.140 Lien procedure.
* Prior ordinance history: Ords. 3190, 5774.
Cross-reference:
For uniform codes pertaining to building and construction, including violations and enforcement, see Chapter 15.02
.010 This chapter makes any violation of the provisions of this Code subject to civil fines as herein set forth.
.020 This chapter establishes the administrative procedure for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code Section 53069.4 and the City's general police power as a charter city.
.030 The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code without the imposition of criminal penalties.
.040 The issuance of a civil citation under this chapter is solely at the City's discretion and is only one option the City has to address violations of this Code. By adopting this chapter, the City does not intend to limit its discretion, or the discretion of its officers and employees, to use any other remedy, civil or criminal, which may be available in a particular case. The procedure set forth in this chapter may be used as an alternative to, or in conjunction with, any other available civil and/or criminal remedies. (Ord. 5930 1 (part); July 27, 2004.)
The following words and terms as used in this chapter shall have the meanings hereinafter respectively set forth:
.010 “Building violation” shall mean any violation of any of the uniform codes adopted pursuant to Chapter 15.02 of this Code, or any violation of the zoning regulations set forth in Title 18 of this Code, except (i) any violation which creates an imminent danger to health or safety, or (ii) the unlawful display of any temporary or portable sign(s), or (iii) the unlawful display of any flag(s), banner(s) or balloon(s).
.020 “Citation” or “civil citation” shall mean a civil citation issued pursuant to this chapter stating that there has been a violation of one or more provisions of this Code.
.030 “Citee” shall mean a person given a citation charging such person with a violation of this Code.
.040 “City” shall mean the City of Anaheim, California.
.050 “Code” shall mean the Anaheim Municipal Code.
.060 “Code Enforcement Officer” shall mean each of those certain employees of the City described in Section 1.01.389 of the Anaheim Municipal Code.
.070 “Correction period” shall mean the period of time allowed for a citee to correct a violation shown on a citation.
.080 “Department” shall mean the Planning Department of the City of Anaheim.
.090 “Director” shall mean the Planning Director of the Department or his or her designee.
.100 “Division,” “Code Enforcement Division,” or “Code Enforcement Office” shall mean the Code Enforcement Division of the Department.
.110 “Hearing Officer” shall mean an Employee Hearing Officer as such term is defined in Section 1.12.110 of the Anaheim Municipal Code.
.120 “Issued” shall mean the date a citation is delivered to a citee, or the date a notice of violation is delivered to the intended recipient thereof, and shall be deemed either: (i) the date when the citation or notice is personally served upon the citee or recipient, (ii) the date it is mailed to the citee or recipient, or (iii) the date it is posted on the real property where a property-related violation exists. In the event the citation or notice is served or delivered by more than one of the above specified methods, such date shall be deemed the earliest of such dates.
.130 “Manager” shall mean the Code Enforcement Manager of the City of Anaheim or his or her designee.
.140 “Notice of decision” shall mean a form prepared by the Division and used to inform a citee of any decision made pursuant to any provision of this chapter.
.150 “Person” shall mean a natural person, partnership, corporation, joint venture or any other legal entity, regardless of form, and the owners, corporate officers, trustees, and general partners of a legal entity.
.160 “Responsible person” or “person responsible” shall mean any of the following:
.01 A person who causes any violation of this Code to occur;
.02 A person who maintains or allows any violation of this Code over which such person has control to continue, by his or her action or failure to act;
.03 A person whose agent, employee, or independent contractor causes any violation of this Code, by its action or failure to act;
.04 A person who is the owner, or lessee or sublessee with a current right of possession, of real property upon which a property-related violation of this Code occurs or exists;
.05 A person who is the on-site Manager of a business who normally works at the site when the business is open and is responsible for the activities at such premises;
.06 A person who is the beneficiary under a deed of trust for the property upon which a property-related violation exists, and who has not corrected the violation within thirty (30) days after being notified by a Code Enforcement Officer in writing that: (i) such violation exists, (ii) the trustee under the deed of trust is no longer living on the property, and (iii) such trustee's whereabouts are unknown to the City;
.07 A minor who personally commits any violation of this Code and, jointly and severally, any parent or guardian of any such minor.
There shall be a rebuttable presumption that the record owner of a parcel, according to the County of Orange's latest equalized property tax assessment rolls, and any lessee or sublessee of a parcel has notice of any Code violation existing on the property. For purposes of this chapter, there may be more than one responsible person for a violation. (Ord. 5930 1 (part); July 27, 2004; Ord. 6054 § 1; April 24, 2007.)
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