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(a) The City Council of the City of Los Angeles finds that there is a need for an alternative method of enforcement for violations of this Code, applicable statutory provisions, ordinances, uniform codes adopted by the City, orders issued by a commission, board, hearing officer, or other body authorized to issue orders, and any conditions or requirements imposed on or by any entitlement, permit, or environmental document issued or approved by the City.
(b) The City Council finds and determines that an administrative citation program (the Program) is an effective alternative method of enforcement for these violations.
(c) The primary purpose and intent of the City Council, through the adoption of this Article, is to create an alternative method of problem resolution and enforcement that:
1. Fosters timely compliance with the law in order to protect public health, safety and welfare;
2. Provides for the fair, efficient and effective administration of justice;
3. Provides an administrative process that openly and fairly allows for the appeal and review of Administrative Citations and fines imposed;
4. Minimizes the delay and expense of Code enforcement through the only currently available options of criminal prosecution and civil litigation; and
5. Deters the use of dilatory and frivolous challenges to Administrative Violations and facilitate the prompt collection of fines.
(d) The procedures established in this Article shall be an alternative to criminal, civil and any other legal enforcement remedies provided in this Code. Issuance of an Administrative Citation shall not be deemed a waiver of any other enforcement remedies provided in this Code. The selection of issuing an Administrative Citation or another enforcement remedy provided in this Code lies within the sole discretion of the Issuing Department and, as applicable, by the City Attorney, and shall be consistent with the purpose and intent of this Article. (Amended by Ord. No. 184,766, Eff. 3/27/17.)
(e) It is the intent of the City Council that this Administrative Citation Enforcement Program be implemented as a pilot program and in a phased manner. Accordingly, the City Attorney is requested to work with the various departments of the City that have responsibility for enforcing Code provisions and addressing Code violations and are authorized to participate in the Program to implement the Program in the most effective manner to address quality of life issues and to provide training and other preparation in the issuance of Administrative Citations and the process of enforcing them. The phased implementation of the Program shall begin with the Police Department and the Animal Services Department, and the Program may thereafter be implemented one department at a time with the Housing Department and Building and Safety Department being next in order. Prior to proposing the implementation of the Program in the latter two departments, the City Attorney will report to the City Council regarding the implementation of the Program in the Police Department and the Animal Services Department, the experience with and results of the Program, and any recommendations for modifying the Program, and a list of the primary Code sections that will be enforced through the Program by each department. The Housing Department, Building and Safety Department, and other City Departments may be added to the Program with the prior approval of the City Council. The City Attorney will report quarterly to the Council on the implementation of the Program, the experience with and results of the Program, and any recommendations for modifying the Program, and, for information purposes only, a list of the primary Code sections that will be enforced through the Program by each department. Prior to the end of the third year after implementation of the Program, the City Administrative Officer (CAO) shall report to the City Council on the implementation and progress of the Program, and thereafter the Council will determine whether to continue or end the Program.
For purposes of this Article, the following words and phrases are defined:
“Administrative Citation” means a notice of Administrative Violation issued by an Enforcement Officer.
“Administrative Costs” means all direct and indirect costs incurred as a result of an Administrative Citation hearing, including, but not limited to, reasonable attorney fees, and costs relating to the initial review, scheduling, and processing of the administrative hearing.
“Administrative Fine” means the fine or penalty imposed on the Responsible Person for an Administrative Violation.
“Administrative Hearing Officer” means an independent neutral decision-maker designated by the City as set forth in this Article, such as pro tem judges provided by the Los Angeles Superior Court, Administrative Law Judges as defined by the State of California, and individuals trained in dispute resolution with a minimum of 25 hours of classroom and practical training and experience performing duties related to mediation and conflict resolution in accordance with the requirements of the California Dispute Resolution Programs Act of 1986 (16 CCR Section 3622), who shall be subject to disqualification for bias, prejudice, conflict, or any other reason for which a judicial hearing officer may be disqualified. Administrative Hearing Officers shall not be City employees.
“Administrative Violation” means any violation of this Code, applicable statutory provisions, ordinances, uniform codes adopted by the City, orders issued by a commission, board, hearing officer, or other body authorized to issue orders, or any conditions or requirements imposed on or by any entitlement, permit, or environmental document issued or approved by the City.
“Continuing Violation” means any Administrative Violation pertaining to a condition or matter, including but not limited to building, plumbing, electrical, or other structural or zoning matter that does not create an imminent hazard to health or safety. A Continuing Violation does not include an Administrative Violation that can be corrected by the Responsible Party through the immediate cessation or discontinuation of any prohibited activity or by the immediate implementation of a required activity as determined by the Issuing Department. (Amended by Ord. No. 183,272, Eff. 11/14/14.)
“Enforcement Costs” means all direct and indirect costs incurred by the Issuing Department in investigating, inspecting, or abating any Administrative Violation, including, but not limited to, noncompliance fees as specified in Section 98.0411 and costs incurred in preparing for and attending an Administrative Citation hearing.
“Enforcement Officer” means any police officer, inspector, or other employee or agent of the City having the power to enforce any Administrative Violation, including Enforcement Officers of non-City entities that have the authority to perform such enforcement through cooperation agreements with the LAPD or other City Departments.
“Issuing Department” means the City department or office that has authority and responsibility for enforcing Administrative Violations subject to an Administrative Citation, including non- City entities that have the authority to perform such enforcement through cooperation agreements with the LAPD or other City Departments.
“Minor” means any person under the age of eighteen years.
1. A person who causes or materially contributes to the causation of an Administrative Violation;
2. A person who maintains or allows an Administrative Violation to continue by the person’s action or inaction;
3. A person whose agent, employee, or independent contractor causes or materially contributes to the causation of an Administrative Violation;
4. An on-site manager of a business who is responsible for the activities occurring at the premises where an Administrative Violation occurs;
5. A trustee or other person who is given the legal authority to manage property on behalf of someone else where an Administrative Violation occurs;
6. A person who is a parent or guardian having custody and control of a Minor who contributes to the causation of an Administrative Violation;
7. A person who is the owner of, or who exercises control over, or any lessee or sub lessee with the current right of possession of, real property where a property related Administrative Violation occurs.
(a) Except as provided in Subsection (b) of this Section, whenever an Enforcement Officer determines that an Administrative Violation has occurred, the Enforcement Officer is authorized to issue an Administrative Citation to the Responsible Person(s). If the Responsible Person is a Minor, the Enforcement Officer is authorized to issue an Administrative Citation to the parent(s) or guardian(s) having custody and control of the Minor. Notification of the Administrative Violation to the holder of any lease, mortgage, deed of trust, or other encumbrance of record shall conform to the policies and procedures established by the City Attorney’s Office.
(b) When the Administrative Violation pertains to a Continuing Violation, a reasonable period of time to correct the Administrative Violation must be afforded to the Responsible Person prior to imposing an Administrative Fine. If the Administrative Violation is remedied prior to the expiration of the correction period, no Administrative Fine shall be imposed. However, the Responsible Person shall remain liable for and shall pay the Enforcement Costs associated with the Administrative Violation.
(c) Each Administrative Violation shall constitute a separate and distinct offense subject to an Administrative Fine, as provided for in this Article. Each and every day an Administrative Violation exists shall constitute a separate and distinct offense subject to an Administrative Fine, as provided for in this Article.
(a) The amount of the Administrative Fine shall be ascertained by the Enforcement Officer, in accordance with the Administrative Fine schedules set forth in Subsection (b) of this Section, subject to the following limitations:
1. For those Code sections that include the penalty of an infraction, an Administrative Violation issued instead of an infraction shall provide for an Administrative Fine that does not exceed the maximum fine set forth in this Code for that infraction. If the amount of the fine for the infraction is not specified in this Code, the amount of the Administrative Fine shall not exceed the maximum fine provided for in Subdivisions (b) and (c) of Section 36900 of the California Government Code. (Amended by Ord. No. 184,766, Eff. 3/27/17.)
2. For Administrative Violations involving improvements to, or the use of, buildings, structures, or land for which permits or approval are required but were not obtained, the Administrative Fine levied shall be in the following amounts. For Administrative Violations involving improvements to, or the use of, buildings, structures, or land for which no permit could have been obtained, as determined by the Los Angeles Department of Building and Safety, and no variance was sought, the Administrative Fine levied shall be at four times (4x) the following amounts.
SQUARE FOOTAGE OF THE IMPROVEMENT OR USE IN VIOLATION | ADMINISTRATIVE FINE PER DAY OF VIOLATION | ||
First Violation | Second Violation | Third Violation and All Subsequent Violations | |
SQUARE FOOTAGE OF THE IMPROVEMENT OR USE IN VIOLATION | ADMINISTRATIVE FINE PER DAY OF VIOLATION | ||
First Violation | Second Violation | Third Violation and All Subsequent Violations | |
250 to less than 500 | $1,000 | $2,000 | $4,000 |
500 to less than 2,500 | $2,000 | $4,000 | $8,000 |
2,500 to less than 5,000 | $3,000 | $6,000 | $12,000 |
5,000 to less than 10,000 | $4,000 | $8,000 | $16,000 |
10,000 to less than 25,000 | $8,000 | $16,000 | $32,000 |
25,000 or more | $16,000 | $32,000 | $64,000 |
Administrative Violations involving improvements of less than 250 square feet or that are not measureable by square footage shall be cited in accordance with Subsection (b) of this Section.
3. For Administrative Violations involving sign regulations, the Administrative Fine levied shall be in the following amounts:
SQUARE FOOTAGE OF THE SIGN IN VIOLATION | ADMINISTRATIVE FINE PER DAY OF VIOLATION | ||
First Violation | Second Violation | Third Violation and All Subsequent Violations | |
SQUARE FOOTAGE OF THE SIGN IN VIOLATION | ADMINISTRATIVE FINE PER DAY OF VIOLATION | ||
First Violation | Second Violation | Third Violation and All Subsequent Violations | |
Less than 150 square feet | $2,000 | $4,000 | $8,000 |
150 to less than 300 square feet | $4,000 | $8,000 | $16,000 |
300 to less than 450 square feet | $6,000 | $12,000 | $24,000 |
450 to less than 600 square feet | $8,000 | $16,000 | $32,000 |
600 to less than 750 square feet | $10,000 | $20,000 | $40,000 |
750 or more square feet | $12,000 | $24,000 | $48,000 |
(b) For all other Administrative Violations, the Administrative Fine imposed shall be in the following amounts, unless otherwise specified in this Code. (Amended by Ord. No. 185,451, Eff. 4/15/18.)
1. Two hundred and fifty dollars ($250) for a first violation; provided, however, that the amount shall be one hundred dollars ($100) for a first violation of any provision of Chapter V, Article 3, Sections 53.00 and following, of this Code.
2. Five hundred dollars ($500) for a second violation of the same code provision, statute, ordinance, order, condition or requirement; provided, however, that the amount shall be two hundred and fifty dollars ($250) for a second violation of the same provision of Chapter V, Article 3, Sections 53.00 and following, of this Code.
3. One thousand dollars ($1,000) for a third or any subsequent violation of the same code provision, statute, ordinance, order, condition or requirement; provided, however, that the amount shall be five hundred dollars ($500) for a third, and one thousand dollars ($1,000) for a fourth or any subsequent, violation of the same provision of Chapter V, Article 3, Sections 53.00 and following, of this Code.
4. Nothing in this section shall preclude or limit the Administrative Hearing Officer's authority to impose a greater Administrative Fine, not to exceed one thousand dollars ($1,000), in accordance with Subsection (b) of Section 11.2.09.
(a) An Administrative Citation in a form developed by the Issuing Department and subject to the approval of the City Attorney may be issued to the Responsible Person(s) by an Enforcement Officer for Administrative Violations in the following manner:
1. Personal Service. In any case where an Administrative Citation is issued to an individual, the Enforcement Officer shall:
A. Locate the individual and serve the Administrative Citation on the Responsible Person(s). If the Responsible Person is a Minor, the Enforcement Officer shall also attempt to serve the Administrative Citation on the parent(s) or guardian(s) having custody and control of the Minor.
B. Obtain on the Administrative Citation the signature of the Responsible Person. If the Responsible Person refuses or fails to sign the Administrative Citation, the failure or refusal to sign shall not affect the validity of the Administrative Citation and subsequent proceedings.
2. Service by Mail. If the Enforcement Officer is unable to locate the Responsible Person for the Administrative Violation, the Administrative Citation may be mailed to the Responsible Person by first class mail. If the Responsible Person is known to be a Minor, the Administrative Citation shall be mailed to the parent(s) or guardian(s) having custody and control of the Minor by first class mail.
A. If the Responsible Person is the property owner where a property related Administrative Violation occurs, the Administrative Citation shall be sent to the mailing address shown on the County’s last equalized property tax assessment rolls (if any), and the last known address of the Responsible Person.
B. If the Responsible Person is the tenant or other possessor of property where a property related Administrative Violation occurs, the Administrative Citation shall be sent to the property address.
(b) Service pursuant to Subdivision 1. of Subsection (a) of this Section shall be deemed effective at the time of personal delivery. Service pursuant to Subdivision 2. of Subsection (a) of this Section shall be deemed effective five (5) calendar days following the date of mailing.
(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.
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.
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.
(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.
(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.
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