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SEC. 11.2.06. CONTENTS OF ADMINISTRATIVE CITATION.
 
   (a)   The City Attorney shall develop policies and procedures to ensure that the contents of the Administrative Citation provide the Responsible Person with adequate notice regarding the Administrative Violation(s), potential liability, and all rights of appeal.
 
   (b)   Where an Administrative Violation can be corrected, the Administrative Citation shall require the Responsible Person to immediately correct the Administrative Violations and shall explain the consequences of failure to correct the Administrative Violations.
 
   (c)   If the Administrative Violation pertains to a Continuing Violation, a reasonable period of time to correct the Administrative Violation must be specified on the citation in addition to an explanation of the consequences for failing to correct the Administrative Violation.
 
 
SEC. 11.2.07. SATISFACTION OF THE ADMINISTRATIVE CITATION.
 
   Upon receipt of an Administrative Citation, the Responsible Person shall either:
 
   (a)   Pay the Fine. (Amended by Ord. No. 183,272, Eff. 11/14/14.) Pay the Administrative Fine within twenty (20) calendar days after the notice of the Administrative Violation is sent to the Responsible Person.
 
   1.   Payment of the Administrative Fine waives the Responsible Person’s right to the administrative hearing and appeal process as outlined in Sections 11.2.08 and 11.2.09, below.
 
   2.   Payment of an Administrative Fine shall not excuse or discharge a failure to correct an Administrative Violation, as defined in Subsection (b) of Section 11.2.03, nor shall it bar the Enforcement Officer or Issuing Department from taking any other enforcement action in response to an Administrative Violation; or
 
   (b)   Remedy the Administrative Violation. If a specified amount of time was provided to correct an Administrative Violation, as defined in Subsection (b) of Section 11.2.03, and the Responsible Person remedies the Administrative Violation within the time granted, no Administrative Fine shall be imposed. The Administrative Citation shall not be deemed to have been satisfied until the Responsible Person provides proof to the Issuing Department that, within the time allotted by the Administrative Citation, the Administrative Violation was satisfactorily remedied. In addition, the Issuing Department may also demand to inspect the condition that gave rise to the issuance of the Administrative Citation to determine whether the Administrative Violation has been satisfactorily remedied.
 
   The Responsible Person who remedies the Administrative Violation shall remain liable for and shall pay the Enforcement Costs associated with the Administrative Violation. Timely correction of the Administrative Violation does not absolve the Responsible Person of this liability. Collection of Enforcement Costs of violations remedied in this manner shall be the responsibility of the Issuing Department.
 
 
SEC. 11.2.08. APPEAL OF THE ADMINISTRATIVE CITATION.
 
   (a)   Request for Initial Review and Administrative Hearing. (Amended by Ord. No. 183,272, Eff. 11/14/14.) If the Responsible Person chooses to contest the Administrative Citation, the Responsible Person shall submit to the City Attorney a request to do so on an official form provided by the City no later than twenty (20) calendar days after the notice of the Administrative Violation is sent to the Responsible Person. Said form, hereinafter referred to as a Request for Initial Review, shall notify the Responsible Person that an initial review regarding the validity of the Administrative Citation will be conducted prior to scheduling an administrative hearing and shall comply with the policy and procedures established by the City Attorney.
 
   1.   Initial Review of Administrative Citation. Upon receipt of the Request for Initial Review, as provided in Subsection (a) of this Section, the City Attorney will conduct an initial review to determine the validity of the Administrative Citation and the appropriate remedy. The City Attorney may make either of the determinations set forth below or, in the exercise of the City Attorney’s independent discretion, determine to refer the matter to be addressed through other available remedies including, but not limited to, criminal proceedings, civil action, injunctive relief, specific performance, and any other remedies provided by law.
 
   A.   If, following the initial review, the City Attorney determines that the Administrative Violation did not occur, or that extenuating circumstances make dismissal of the Administrative Citation appropriate in the interest of justice, the Administrative Citation shall be dismissed and the Responsible Person notified by mail.
 
   B.   If, following the initial review, the City Attorney does not dismiss the Administrative Citation and determines that the administrative remedy being sought is appropriate, the Responsible Person shall be notified by mail and informed of the Responsible Person’s obligation to pay the Administrative Fine within fifteen (15) days of the mailing, or of the Responsible Person’s right to request an administrative hearing pursuant to Subdivision (2) of this Subsection.
 
   2.   Contest the Initial Review. If the Responsible Person chooses to contest the outcome of the initial review, within fifteen (15) days of the mailing of the results of the initial review, the Responsible Person shall submit a written request, on an official form provided by the City, requesting an administrative hearing. Said form, hereinafter referred to as a Request for Administrative Hearing, shall include an advance deposit in the full amount of the Administrative Fine or One Thousand dollars ($1,000), whichever is less, or written proof of financial hardship as specified in Paragraph A. of this Subsection. A hearing shall be scheduled when the aforementioned conditions are met. A Responsible Party who fails to submit a Request for Administrative Hearing within fifteen (15) days, or who fails to make the required deposit or provide written proof of financial hardship, will have waived the right to contest the Initial Review.
 
   A.   In lieu of the advance deposit required pursuant to Subdivision (2) of this Subsection, written proof of financial hardship, which shall be in the form of a declaration signed by the Responsible Person under penalty of perjury, shall be filed with the City Attorney. The declaration shall state that the Responsible Person earned less than 50% of the median income for the Los Angeles area during the previous tax year, as reported on the Responsible Person’s federal income tax return filed with the Internal Revenue Service. The median income for the applicable year shall be as determined by the United States Department of Housing and Urban Development.
 
   3.   Code Compliance Fund. All monies derived from the advance deposits identified in Subdivision (2) of this Subsection shall be deposited into the Code Compliance Fund, established pursuant to Article 11 of Chapter 6 of Division 5, Section 5.121.11 of the Los Angeles Administrative Code, and held until the conclusion of the administrative hearing process at which time the monies will either be transferred to the General Fund or refunded to the Responsible Person.
 
   (b)   In the event the Responsible Person fails or refuses to satisfy any of the alternatives set forth in Subsection (a) of this Section, as applicable, then the Administrative Fine shall be immediately due and owing the City and may be collected in any manner allowed by law for collection of a debt. The Responsible Person shall also be responsible for any additional fines and costs as set forth in Section 11.2.11.
 
 
SEC. 11.2.09. ADMINISTRATIVE HEARING.
 
   (a)   Authority for the Administrative Hearing Process. The City Attorney shall create an administrative hearing and appeals process that is consistent with this Article and with due process principles. The City Attorney shall develop, and submit to the City Council for approval prior to the start of the Program, written policies and procedures for the hearing and appeals process and written policies and procedures for the selection and appointment of one or more independent Administrative Hearing Officers to hear and decide administrative citation appeals. The administrative hearing shall be conducted in accordance with the procedures promulgated by the City Attorney.
   (b)   Powers of the Administrative Hearing Officers. The written policies and procedures developed by the City Attorney pursuant to Subsection (a) of this Section shall set forth the scope of the powers of the Administrative Hearing Officer in accordance with this Section. These enumerated powers include, but are not limited to:
   1.   The Administrative Hearing Officer shall determine whether the Administrative Violation specified in the Administrative Citation occurred;
   2.   The Administrative Hearing Officer shall determine whether the assessed Administrative Fine is in accordance with the Administrative Fine schedules provided in Section 11.2.04;
   3.   The Administrative Hearing Officer shall consider any aggravating or mitigating factors that warrant deviation from the Administrative Fine schedules, provided in Section 11.2.04, so that a greater or lesser Administrative Fine should be imposed. The factors that the Administrative Hearing Officer shall consider, include, but are not limited to:
   A.   the seriousness of the Administrative Violation;
   B.   the duration of the Administrative Violation;
   C.   efforts, if any, to correct the Administrative Violation;
   D.   the negative impacts of the Administrative Violation on the community;
   E.   any instances in which the Responsible Person has been responsible for the same or similar Administrative Violations in the past; and
   F.   any other factors that justice may require.
   4.   The Administrative Hearing Officer shall assess all Administrative Costs associated with the appeal of the Administrative Citation;
   5.   The Administrative Hearing Officer shall assess all Enforcement Costs;
   6.   The Administrative Hearing Officer has the authority to require a Responsible Person to deposit an amount equal to any assessed Administrative Costs or Enforcement Costs in accordance with the policies and procedures established pursuant to the City Attorney.
   (c)   Time for Administrative Hearing.
   1.   The City Attorney shall develop policies and procedures that ensure adequate notice and a timely administrative hearing. The Responsible Person shall be notified in writing of the date and time of the hearing by mailing the notice to the address provided by the Responsible Person in the Request for Administrative Hearing.
   2.   The Responsible Person(s) or Issuing Department may request one continuance pursuant to the procedures established by the City Attorney.
   3.   The Administrative Hearing Officer may, in the Administrative Hearing Officer’s discretion, grant or deny a continuance of the hearing date upon a request by the Responsible Party or the Issuing department and a showing of good cause.
   (d)   Failure to Attend Administrative Hearing.
   1.   If the Responsible Person or the Responsible Person’s representative fails to attend the scheduled hearing, the Responsible Person shall be deemed to have waived their right to an administrative hearing. Under these circumstances, the Administrative Hearing Officer shall find the Responsible Person in default, and shall issue a written notice to that effect. A default under this Section shall constitute a forfeiture of the Administrative Fine and a waiver of any right to challenge the assessed Enforcement Costs and Administrative Costs. A default under this Section shall also be a bar to judicial review of the hearing officer decision based upon failure to exhaust administrative remedies. A default under this provision may be set aside by the Administrative Hearing Officer at the request of the Responsible Party upon a showing of good cause for failing to appear at the Administrative Hearing.
   2.   A Responsible Person who has been issued an Administrative Citation and who has requested an administrative hearing to challenge the citation as provided in this Article may request in writing that the Responsible Person’s challenge to the citation be withdrawn and the hearing cancelled. Upon receipt of a request to withdraw a challenge to the Administrative Citation, the City shall cancel the pending hearing, and issue a written notice to that effect. A withdrawal under this Subdivision shall constitute a forfeiture of the Administrative Fine and a waiver of any right to challenge the assessed Enforcement Costs and Administrative Costs. A withdrawal under this Subdivision shall also be a bar to judicial review of the hearing officer decision based upon failure to exhaust administrative remedies.
   3.   If a financial hardship waiver was granted pursuant to Subdivision 2. of Subsection (a) of Section 11.2.08, and the Responsible Person is in default as provided in Subdivision 1. of this Subsection, or a challenge to the citation is withdrawn pursuant to Subdivision 2. of this Subsection, the Administrative Fine, Enforcement Costs, and Administrative Costs shall be due and payable by the Responsible Person(s) to the City within twenty (20) calendar days following the date that had been set for the administrative hearing.
   4.   The City may dismiss an Administrative Citation at any time if it is determined to have been issued in error.
   (e)   Procedures at the Administrative Hearing.
   1.   Administrative hearings are informal in nature, and formal rules of evidence and discovery do not apply. The proceedings shall be audio-recorded by the City.
   2.   The City bears the burden of proof at an administrative hearing to establish the existence of the Administrative Violation specified on the citation. The Administrative Hearing Officer shall use preponderance of the evidence as the standard of proof in deciding the issues.
   3.   The Administrative Citation and any additional documents submitted by the Issuing Department shall be accepted by the Administrative Hearing Officer as prima facie evidence of the respective facts contained in those documents. The Enforcement Officer may attend the hearing but is not required to do so.
   4.   Each party shall have the opportunity to testify, cross-examine witnesses, and present witnesses and evidence in support of the party’s case. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must be authenticated to the satisfaction of the Administrative Hearing Officer. Nothing shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Administrative Hearing Officer.
   (f)   Decision of the Administrative Hearing Officer. After considering all of the testimony and evidence submitted at the hearing, the Administrative Hearing Officer shall, within fifteen (15) days thereafter, render a decision in writing. The decision rendered by the Administrative Hearing Officer is not exclusive and does not preclude or foreclose the City Attorney’s Office from pursuing any and all other remedies provided by law. The Administrative Hearing Officer shall render a decision as follows:
   1.   Determine that the Administrative Violation specified in the citation is founded, and impose an Administrative Fine in the amount set forth in the citation and if the Administrative Violation has not been corrected as of the date of the hearing, order correction of the Administrative Violation; or
   2.   Determine that the Administrative Violation specified in the citation is founded, but that the Administrative Fine was incorrectly assessed with the Administrative Fine schedules as provided for in Section 11.2.04, warranting imposition of a lesser or greater Administrative Fine than that prescribed in the citation and impose a lesser or greater Administrative Fine and, if the Administrative Violation has not been corrected as of the date of the hearing, order that the Administrative Violation be corrected; or
   3.   Determine that the Administrative Violation specified in the citation is founded, but that the Issuing Department or the Responsible Party has introduced credible evidence of aggravating or mitigating circumstances warranting imposition of a greater or lesser penalty than that prescribed in the Administrative Fine schedules, as provided for in Section 11.2.04, and impose a greater or lesser Administrative Fine, and if the Administrative Violation has not been corrected as of the date of the hearing, order that the Administrative Violation be corrected; or
   4.   Determine that the Administrative Violation specified in the citation did not occur and cancel the Administrative Fine; and
   5.   Determine the amount of the Enforcement Costs and associated Administrative Costs to be imposed, if any.
   (g)   The Administrative Order shall include the reasons for the decision and be served on all parties by any one of the methods listed in Section 11.2.05 of this Article or through service by first-class mail, postage prepaid on the Responsible Person(s) at the address the Responsible Persons(s) provided in the Request for Administrative Hearing. In addition to the matters set forth in Subsection (f) of this Section, the decision rendered by the Administrative Hearing Officer shall address the following:
   1.   Administrative Fines.
   A.   If the Administrative Hearing Officer imposes an Administrative Fine, the City shall keep the funds deposited at the time of the hearing request. If the deposited funds are less than the Administrative Fine, the Responsible Person(s) shall pay the outstanding amount of the Administrative Fine to the City within twenty (20) calendar days of the Administrative Order becoming final. If the deposited funds equal more than the Administrative Fine, the City shall promptly refund the appropriate amount of the funds to the Responsible Person(s).
   B.   If the Administrative Hearing Officer determines that the Administrative Violation specified in the citation did not occur and cancels the Administrative Fine, then the City shall promptly refund the amount of funds deposited by the Responsible Person at the time of the hearing request and no Enforcement Costs or Administrative Costs shall be assessed.
   2.   Enforcement Costs and Administrative Costs.
   A.   Enforcement Costs. The Administrative Order shall assess all reasonable Enforcement Costs to be paid by the Responsible Person. The Responsible Person(s) shall pay the Enforcement Costs to the City within twenty (20) calendar days of the Administrative Order becoming final.
   B.   Administrative Costs. The Administrative Order shall assess all reasonable Administrative Costs to be paid by the Responsible Person. The Responsible Person(s) shall pay the Administrative Costs to the City within twenty (20) calendar days of the Administrative Order becoming final.
   3.   The Administrative Order shall become final on the date of mailing or other service, and shall notify the Responsible Person(s) of their right to appeal.
 
 
SEC. 11.2.10. RIGHT TO JUDICIAL REVIEW.
 
   (a)   Once an Administrative Order becomes final as provided in this Article, no further appeal may be filed pursuant to the provisions of this Code, except as provided for in this Section, or as otherwise provided by law.
 
   (b)   Once an Administrative Order becomes final, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6.
 
   (c)   Should any court of competent jurisdiction determine that the City must provide an appeal to any final Administrative Order in a manner other than set forth in California Code of Civil Procedure section 1094.6, then it is the intent of the City Council that the administrative penalty process remain as provided herein and to provide that any appeal which is timely requested follow the procedures set forth in Government Code Section 53069.4.
 
 
SEC. 11.2.11. FAILURE TO PAY ADMINISTRATIVE FINES AND COSTS.
   (Amended by Ord. No. 184,766, Eff. 3/27/17.)
 
   (a)   Any Responsible Person who is issued an Administrative Citation pursuant to this article, excluding Administrative Violations defined in Subsection (b) of Section 11.2.03, and does not pay within 15 calendar days, shall be assessed a late payment collection fee of $50.00 which shall be charged in addition to any other assessed fines and fees. The City may use any civil legal remedy available to collect any unpaid Administrative Fine, including, but not limited to, civil action, injunctive relief, specific performance and the recordation of a lien or a notice of the Administrative Violation against real property pursuant to the procedures set forth in this Code and in accordance with applicable law.
 
   (b)   Any Responsible Person who is issued an Administrative Citation pursuant to this article for an Administrative Violation defined in Subsection (b) of Section 11.2.03, and does not pay within 15 calendar days from the conclusion of the time afforded to remedy the Administrative Violation, shall be assessed a late payment collection fee of $50.00 which shall be charged in addition to any other assessed fines and fees. The City may use any civil legal remedy available to collect any unpaid Administrative Fine, including, but not limited to, civil action, injunctive relief, specific performance and the recordation of a lien or a notice of the Administrative Violation against real property pursuant to the procedures set forth in this Code and in accordance with applicable law.
 
   (c)   Notwithstanding Subsections (a) and (b) of this section, if the Responsible Person chooses to contest the Administrative Citation pursuant to Section 11.2.08 of this article, and fails to pay the assessed Administrative Fine, Enforcement Costs, and Administrative Costs within 20 calendar days of the Administrative Order becoming final, the Responsible Person shall be assessed a late payment collection fee of $50.00, which shall be charged in addition to any other assessed fines and fees. The City may use any civil legal remedy available to collect any unpaid Administrative Fine or to gain compliance with the Administrative Order. These remedies include, but are not limited to, civil action, injunctive relief, specific performance and the recordation of a lien or a notice of the Administrative Violation against real property pursuant to the procedures set forth in this Code and in accordance with applicable law.
 
   (d)   In the event a civil action is commenced to collect the Administrative Fine, Enforcement Costs, or Administrative Costs, the City shall be entitled to recover reasonable attorney’s fees and all costs associated with the civil action. Costs include, but are not limited to, staff time incurred in the collection of the Administrative Fine, Enforcement Costs and Administrative Costs, and those costs set forth in Code of Civil Procedure Section 1033.5.
 
 
SEC. 11.2.12. DEPOSIT OF MONIES COLLECTED.
 
   All monies collected pursuant to the provisions of this Article shall be deposited in the Code Compliance Fund, established pursuant to Article 11 of Chapter 6 of Division 5, Sections 5.121.11 and following, of the Los Angeles Administrative Code.
 
 
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