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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.
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