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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.)
.010 Building Violations. When a Code Enforcement Officer determines that a building violation exists, a notice of violation shall be issued allowing a correction period of thirty (30) days, or such longer correction period as may be specified in the notice, for correction of the violation, and the person receiving such notice shall correct the violation within such period. Notwithstanding any other provision of this chapter, no person responsible for a building violation shall be issued a citation for such violation unless the violation continues to exist after the thirty-day period, or such longer specified period as allowed for its correction, including any extension period approved pursuant to subsection .030 of this section.
.020 Other Violations. When a Code Enforcement Officer determines that any violation of this Code exists which such Code Enforcement Officer is authorized to enforce, other than a building violation, the officer may issue a notice of violation, allowing a period for the correction of the violation and, if so issued, the person receiving such notice shall correct the violation within such period, or within any extension thereof, as approved pursuant to subsection .030 of this section.
.030 The recipient of a notice of violation may request an extension of any correction period, provided such request is filed with the Manager before the specified correction period expires. The Manager shall grant a reasonable extension of the period of time to correct the violation, if the recipient thereof has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period specified in the notice, or that mitigating or extenuating circumstances exist which reasonably require an extension of the correction period. The filing of a request for such an extension does not, unless and until granted, extend the correction period or any other time periods set forth in this chapter.
.040 If a violation has not been corrected by the end of the correction period, the Code Enforcement Officer has authority to issue a citation to any person(s) responsible therefor pursuant to this chapter. The citee shall be liable for and shall pay to the City the fine(s) described in the citation, which fine(s) shall be due on the date the citation is issued. Additional civil citations may be issued and fines imposed for every day the violation continues uncorrected after the date the first citation is issued, provided that no additional civil citations shall be issued and additional civil fines shall not be imposed until expiration of any correction period provided.
.050 Nothing contained in this section shall require the issuance of any additional notice of violation or any additional correction period after issuance of any civil citation and prior to issuance of any subsequent civil citation for any continuing violation or subsequent violation of the same Code provision provided not more than one additional civil citation shall be issued for any continuing violation or subsequent violation for each period of time since the issuance of the most recent civil citation which period is equal to the original correction period given or required (not including any time extensions to the original correction period).
.060 Any additional civil citation(s) issued following the timely filing of a request for administrative review and prior to any administrative review hearing held pursuant to § 1.20.100 for a prior civil citation involving a continuing violation of subsequent violation of the same Code provision shall be adjudicated by the Hearing Officer at the same time as the hearing and decision on the prior civil citation (s) provided the party cited has timely requested administrative review of such additional citation(s) and made the required fine deposit(s) or received a waiver thereof prior to the date of such administrative review hearing.
.070 Nothing contained in this section shall prevent the use of any other civil or criminal remedies for continuing or subsequent violations of the same Code provision during the period a civil citation is under administrative or judicial review. (Ord. 5930 1 (part); July 27, 2004; Ord. 6054 §§ 2, 3; April 24, 2007.)
.010 A responsible person issued a notice of violation pursuant to this chapter may request a preliminary review, if the request is received by the Department within ten (10) days of the date the notice is issued.
.020 To obtain a preliminary review, the responsible person or his or her representative shall contact the Department at City Hall and bring a copy of the notice of violation and file a signed written request, stating the reasons why and any evidence showing no violation occurred or exists, or why he or she is not a person responsible for the violation. All filed requests shall be date stamped upon receipt by the department.
.030 The preliminary review shall be conducted by the Manager or his or her designee. The reviewer shall not be the Code Enforcement Officer who issued the notice. The purpose of the review is to uncover and cancel any mistakenly issued notices due to errors that are readily verifiable, and not to resolve factual disputes concerning any violation that is the subject of the notice.
.040 The preliminary review shall be decided on the same day filed, or within three (3) business days thereafter, and shall consist of a review of the notice of violation and the written statement and any other evidence submitted at the time of the request by the responsible person.
.050 The recipient shall be notified of the results of the review by being given a written notice of decision. The notice may be given by mail, facsimile transmission, or in person. The department shall keep a record of all preliminary review requests, decisions, and notices for a minimum period of two (2) years.
.060 A request for preliminary review does not extend any time periods for compliance, including the fine due date, the time any correction period ends, or the time within which to request an administrative review.
.070 If, following a preliminary review, the reviewer determines that no Code violation occurred or that the recipient was not a person responsible for the violation, the notice of violation shall be canceled. (Ord. 5930 1 (part); July 27, 2004.)
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