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(a) Pursuant to the provisions of state law, the city officers or employees designated by the city manager to make misdemeanor arrests may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or misdemeanor violation of this code, or violation of any condition of any permit issued pursuant to this code or violation of any other city ordinance or state statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees.
(b) Arrests for misdemeanors and citations for infractions shall be processed, issued and handled as provided by state law.
(c) In any case in which a person is arrested pursuant to this authority and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5(c), commencing with Section 853.5, of the Penal Code.
(d) The officers and employees identified in subpart (a) of this section and any other persons designated to do so by the city manager shall have the concurrent authority to issue administrative citations. (Ord. 629, § 2, 2009).
In addition to, or in place of, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable, there is hereby established an administrative penalty that may be imposed in connection with any violation of this code. The city attorney or city prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally. (Ord. 629, § 2, 2009).
The following words and phrases, when used in the context of this chapter, shall have the following meanings:
(a) "Citing official" means any officer or employee authorized by the city manager to issue citations, and subject to Section 1.08.030 of this code.
(b) "City manager" means the city manager of the City of La Mirada, or the city manager's designee.
(c) "Legal interest" means any ownership interest of any person in real property as evidenced by title or ownership documents or instruments which have been recorded with the Los Angeles County Recorder's Office or which are on file with, or in possession of, any other governmental entity. "Legal interest" shall also include the property interest of lessees or tenants of real property, as well as all sublessors thereof.
(d) "Person" means any natural person, business, organization, corporation or other entity.
(e) "Responsible person" means any natural person, business, organization, corporation, or Other entity determined by a citing official to be responsible for causing, maintaining, permitting, or allowing a violation of this code. "Responsible person" includes but is not limited to any person, business, organization, corporation, or other entity having an ownership or possessory interest in property, or any agent thereof with actual or apparent authority, possession, or control of property, as well as any other person, business, organization, corporation or other entity that creates, permits, or allows a violation of this code to occur or be maintained. (Ord. 629, § 2, 2009).
An administrative citation shall contain all of the following information:
(a) The date and location of the violation and the approximate time the violation occurred or was detected.
(b) The code section violated and a description of the violation.
(c) The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid.
(d) An order prohibiting another occurrence of the code violation.
(e) A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation.
(f) The name and signature of the citing official. (Ord. 629, §2, 2009).
(a) Except as provided below, the citing official may issue an administrative citation, on a form approved by the city manager or, pursuant to this chapter, serve a compliance order on a responsible person using either of the following methods:
(1) Personal service. The citing official may issue the administrative citation or serve a compliance order by personal delivery thereof to a responsible person. The citing official shall attempt to obtain on the administrative citation or compliance order the signature of the responsible person. If the responsible person or person served refuses or fails to sign the administrative citation or compliance order, the failure or refusal to sign shall not affect the validity of the citation, the compliance order or of subsequent proceedings. Service shall be deemed effective on the date of delivery.
(2) Mail. The citing official may mail the administrative citation or compliance order to the responsible person by registered mail. Service shall be deemed effective on the date of mailing.
(3) Posting. If the citing official does not succeed in serving the responsible party personally or by registered mail, the citing official shall post the administrative citation or compliance order on any real property within the city in which the responsible person has a legal interest and, when so posted, shall be deemed effective service as of that date.
(4) Publication. If the citing official does not succeed in serving the responsible person personally, by registered mail or by posting, the citing official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published, in English, at least once a week. Service shall be deemed effective upon the final date of publication. (Ord. 629, § 2, 2009).
(a) For any violation of this code for which there is no specific administrative penalty established in this code or by the city council, the fine shall be in the amount of one hundred dollars for a first violation; two hundred dollars for a second violation of the same provision of this code within a twelve month period; and five hundred dollars for each additional violation of the same provision of this code within a twelve month period.
(b) Administrative fines assessed pursuant to an administrative citation are a debt owed to the city. (Ord. 629, §2, 2009).
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