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The responsible person seeking review of an administrative order must pay a fee of twenty-five dollars, or such other fee as may be established, to the Los Angeles Superior Court. In the event that the court finds in favor of the responsible person, the city will refund this fee to the responsible person. (Ord. 629, § 2, 2009).
Failure to comply with an administrative order after it becomes final, or to pay an administrative fine or late payment charges, is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with an administrative order, or to collect any past-due administrative fine or late payment charges. (Ord. 629, § 2, 2009).
The conviction and punishment of any person for failure to comply with the provisions of this chapter shall not relieve such person from paying any tax, fee, penalty, or interest due and unpaid at the time of such conviction, nor shall payment prevent a criminal prosecution or a civil or administrative penalty for the violation of any of the provisions of this chapter. All remedies shall be cumulative, and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 629, § 2, 2009).
The administrative remedy provided in this chapter for any continuing violation of this code related to building, plumbing, electrical, mechanical or other similar structural or zoning issues, that does not create an immediate danger to health or safety, may be exercised in place of, or in addition to, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable. The city attorney or city prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally. If a violation is not prosecuted criminally, the city may proceed with civil or administrative proceedings pursuant to this chapter. (Ord. 629, §2, 2009).
Whenever the citing official determines that there exists a continuing violation of any provision of this code related to building, plumbing, electrical, mechanical or other similar structural or zoning issues, that does not create an immediate danger to health or safety, the citing official shall issue or cause to be issued a written compliance order to any responsible person, and such order shall be served by the citing official as provided in this chapter. (Ord. 629, § 2, 2009).
A compliance order shall contain all of the following information:
(a) The date and location of the violation and the approximate time the violation occurred.
(b) The municipal code section violated and a description of the violation.
(c) The action required to correct the violation and the date by which such action must be completed. Except as otherwise provided in this section, the date for compliance shall not be less than thirty days from the date the compliance order is served.
(d) The consequences of failing to correct the violation, including a description of the administrative hearing procedure and appeal process.
(e) The time period after which administrative fines will begin to accrue if there is not full compliance with the order.
(f) The amount of the fine that will be imposed if there is not full compliance with the order.
(g) The name and signature of the citing official. (Ord. 629, § 2, 2009).
(a) If the citing official determines that all violations specified in the compliance order have been corrected within the time set forth in the order, no further action shall be taken against the responsible person regarding the violations.
(b) When a compliance order is issued, if the responsible person provides written notice that the violation has been corrected, and if the citing official finds compliance, the citing official shall deem the date the written notice was postmarked or personally delivered to the city official to be the date the violation was corrected. If, however, a final inspection confirms compliance before mailing or personal delivery of a written notice, or if no written notice is provided, the date of final inspection shall be the date the violation was corrected. (Ord. 629, § 2, 2009).
If the responsible person fails to fully comply with the compliance order within the time specified therein, the citing official may issue an administrative citation as provided in this chapter. The issuance of the administrative citation does not obviate the responsible person's obligation to fully comply with the compliance order. (Ord. 629, § 2, 2009).
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