HomeMy WebLinkAbout2021-02 - Civil CitationsORDINANCE NO. 2021-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING CHAPTERS I (GENERAL) AND II (CIVIL CITATIONS) OF TITLE
1 (GENERAL PROVISIONS) RELATING TO ENFORCEMENT PENALTIES
AND THE ISSUANCE OF CIVIL CITATIONS
WHEREAS, the City of Costa Mesa, pursuant to its police power, may adopt regulations to
protect the health, safety and welfare of the public, California Constitution article XI, section
7 and California Government Code section 37100, and thereby is authorized to declare what
use and condition constitutes a public nuisance; and
WHEREAS, Chapter I of Title 1 of the Costa Mesa Municipal Code was adopted at various
times commencing in 1960, and section 1-33.1 was added by Ordinance Number 79-3
pursuant to California Government Code section 36900 and California Penal Code section
836.5; and
WHEREAS, Chapter II of Title 1 of the Costa Mesa Municipal Code was adopted by
Ordinance Number 00-12, and subsequently amended, pursuant to the authority of
Government Code section 53069.4, which provides that the City Council may make the
violation of any duly adopted ordinance of the City subject to a civil fine or penalty; and
WHEREAS, the City Council desires to clarify its intent of that all ordinances of the City,
whether codified or uncodified, be subject to Chapters I and II of Title 1; and
WHEREAS, the City has adopted several uncodified ordinances, including moratoria and
urgency ordinances, some of which were adopted in response to the COVID-19 pandemic;
and
WHEREAS, the City Council declares that the intent of the City Council has been and is that
uncodified ordinances including but not limited to moratoria, be subject to the penalties
provided in Chapter I of Title 1, including the Civil Citation provisions of Chapter II of Title 1,
as applicable, in addition to any other express or implied penalty provisions thereof; and
WHEREAS, the City Council wishes to make revisions in section 1-33.1, 1-34 through 1-38,
and 1-43 to clarify existing law in the City of Costa Mesa regarding the powers of code
enforcement officers and civil responsibility for code violations and consideration of history
of civil citations in connection with any entitlement, permit, monetary grant, or other
discretionary decision of the City; and
WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000, et
seq.) and State CEQA Guidelines (Title 14 the California Code of Regulations Sections
15000, et seq.) has determined that this Ordinance is exempt pursuant to Guidelines Section
15061(b)(3); and
WHEREAS, the City Council finds that the provisions of this Ordinance are consistent with
the City of Costa Mesa's General Plan; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
Ordinance No. 2021-02 Page 1 of 8
THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Title 1, Chapter I, Section 1-33.1 of the Costa Mesa Municipal Code, is hereby
amended to read as follows:
1-33.1. Enforcement officials designated.
Pursuant to provisions of California Government Code section 36900 and California Penal
Code section 836.5 certain designated nonsafety officials are hereby authorized to issue
citations for violations of the provisions of this Code and any city ordinance (either as a
misdemeanor or infraction) that said officials have the duty to enforce. Said authority is not
extended to include all the duties and responsibilities of a peace officer, but is limited as
provided herein. The designation of said nonsafety employees shall be made by a duly
adopted separate resolution for the city council. The peace officer employees of the city
are hereby authorized to issue infraction citations for violations of this Code and any city
ordinance as an alternative to their existing authority to issue and arrest for misdemeanors.
Section 2: Title 1, Chapter Il, Section 1-34 of the Costa Mesa Municipal Code, is hereby
amended to read as follows:
1-34. Applicability.
(a) This chapter makes any violation of the provisions of this Code, which for purposes of
this chapter, is defined in section 1-35(c) of this chapter, subject to civil fines.
(b) This chapter establishes the administrative procedures for the imposition, enforcement,
collection, and administrative review of civil fines pursuant to Government Code section
53069.4 and the city's general police power.
(c) The issuance of a civil citation under this chapter is solely at the city's discretion and is
one option the city has to address violations of this Code. By adopting this chapter, the city
does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such
violations that the city may select in a particular case.
(d) The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary
and complete compliance with the provisions of this Code and to eliminate nuisances for the
protection and benefit of the entire community.
(e) Notwithstanding any lease, license or any other instrument or agreement, the owner of
any real property has the right to enter upon his or her own property to the extent reasonably
necessary to abate any nuisance or correct any violation of this Code existing thereon. The
provisions of this subsection shall be an implied term of any instrument affecting the right to
possession of real property located in the City of Costa Mesa.
(f) Because of the serious blighting conditions that can result affecting the residents'
health and safety, this chapter is intended to impose strict civil liability upon the owners of
real property for all building, housing, fire, health, land use, and abandoned vehicle code
and zoning violations that occur upon the subject premises.
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Section 3: Title 1, Chapter II, Section 1-35 of the Costa Mesa Municipal Code, is hereby
amended to read as follows:
1-35. Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
(a) Citation shall mean civil citation issued pursuant to this chapter stating there has
been a violation of this Code. Citation includes a notice of noncorrection unless the
context clearly shows otherwise.
(b) Citee shall mean person given a civil citation charging him or her as a responsible
person for a Code violation.
(c) Code or This Code shall mean and include the Costa Mesa Municipal Code as
amended and any adopted ordinance of the City, whether codified or uncodified,
including but not limited to an ordinance adopted pursuant to Government Code Section
65858.
(d) Code enforcement officershall mean any city employee or agent of the city
designated by the city council pursuant to section 1-33.1 to have the authority and
responsibility to enforce certain provisions of this Code or any other ordinance.
(e) Correctible Building violation shall mean any violation of this Code pertaining to
building, housing, plumbing, electrical, or other similar structural or zoning regulations,
including regulations set forth in Title 5 of this Code, that does not create an immediate
danger to health or safety, as defined in subsection (j), "Immediate Danger Violation."
(f) Correction period shall mean the period of time allowed for a citee to correct a
correctible building violation shown on a civil citation.
(g) Department shall mean the Economic and Development Services Department of
the City of Costa Mesa.
(h) Director shall mean the director of the department or his or her designee.
(i) Hearing officer shall mean the person appointed by the city manager to serve as
the hearing officer for administrative reviews. Prior to conducting hearings the hearing
officer must first be certified by the city attorney as qualified to provide a fair and
impartial hearing based on appropriate education, training and experience.
0) Immediate Danger Violation shall mean a building or other ordinance violation
which does create an immediate danger to health and safety, such as a violation of an
urgency measure adopted pursuant to Government Code section 65858 (moratorium),
and ordinances which i) strictly prohibit a particular use in any zone of the City, or ii)
strictly prohibit any use in a particular zone of the City, or iii) which strictly prohibit any
use in any residential zone without an MCUP, a CUP, or other land use or regulatory
permit required by City ordinance, or iv) require a specific regulatory permit to be located
in a particular location within a non-residential zone, such as a marijuana business
permitted by City ordinance, a residential or transient use intended for short-term (less
than 30 day) occupancy, a massage establishment, or other use as may be established
by City ordinance, except as specifically provided in the relevant ordinance or other
applicable law.
(k) Issued shall mean giving a citation to the citee and issuance occurs on the date
when a citation is personally served on the citee, the date it is mailed to the citee, or the
date it is posted on real property where a property related violation exists.
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(1) Notice of decision shall mean a form prepared by the city used to inform a citee of
the decision made regarding various provisions of this chapter.
(m) Notice of noncorrection shall mean a notice contained in the second citation
issued for a correctible building violation which notes the violation on the prior citation
has not been corrected within the applicable correction period.
(n) Responsible person shall mean any of the following:
(1) A person who causes a code violation to occur.
(2) A person who maintains or allows a code violation to continue, by his or her
action or failure to act.
(3) A person whose agent, employee, or independent contractor causes a code
violation by its action or failure to act.
(4) A person who is the owner of, or the lessee or sublessee with a current right
of possession of, real property where a property related code violation occurs.
(5) A person who is the on -site manager of a business who normally works daily
at the site when the business is open and is responsible for the activities at such
premises.
(6) A person who is the beneficiary under a deed of trust for the property where
a property related violation exists and that person has not corrected the violation
within thirty (30) days after being notified by the city in writing of the violation and
the fact that the trustee under the deed of trust is no longer living on the property
and his or her whereabouts is unknown.
For purposes of this subdivision "person" includes a natural person or legal entity, and
the owners, corporate officers, trustees, and general partners of a legal entity. There
shall be a legal rebuttable presumption that the record owner of a parcel according to
the County of Orange's latest equalized property tax assessment rolls and a lessee or
sublessee of a parcel has notice of any Code violation existing on the premises. For the
purposes of this chapter, there may be more than one responsible person for a violation,
and a minor at least fourteen (14) years of age may be a responsible person subject to
the provisions of this chapter for a violation personally committed by the minor.
Section 4: Title 1, Chapter 11, Section 1-36 of the Costa Mesa Municipal Code, is hereby
amended to read as follows:
1-36. Civil citation —General.
(a) Any city code enforcement officer upon determining that a provision of this Code, which
he or she is charged to enforce, has been violated has the authority to issue a civil citation
to any responsible person or persons. A code enforcement officer may issue a citation for a
violation not committed in the officer's presence if the officer has determined through
investigation that the responsible person cited committed or is responsible for the violation.
A responsible person to whom a citation is issued shall be liable for and shall pay to the city
the fine or fines described in the citation when due pursuant to the provisions of this chapter.
(b) Every person who applies for and receives a permit, license, or any type of land use
approval (e.g., subdivision maps, conditional use permits, variances), shall comply with all
conditions imposed upon the issuance of the permit, license or other approval. If a person
Ordinance No. 2021-02 Page 4 of 8
violates any condition of such permit, license or approval, he or she may be issued a civil
citation and be liable for civil fines under the provisions of this chapter.
(c) Each day a violation of this Code exists shall be a separate violation and be subject to
a separate fine. A citation may charge a violation for one (1) or more days on which a
violation exists, and for violation of one (1) or more Code sections.
(d) The city may take into consideration the fact that a person has been issued citations
when the city is determining whether to grant, modify, suspend, revoke, or deny any permit,
license, any type of land use approval regarding that person, or any monetary grant or other
authorization, and such citations are evidence that the person has committed acts that are
not compatible with the health, safety and general welfare of other persons and businesses
in the vicinity.
Section 5: Title 1, Chapter 11, Section 1-37 of the Costa Mesa Municipal Code, is hereby
amended to read as follows:
1-37. Civil citation —Building violations.
(a) When a citation is issued for a correctible building violation, a correction period of
at least fifteen (15) days but no more than (30) days shall be allowed for the correction
of the violation and the citee shall correct the violation within that period.
Notwithstanding section 1-36, no responsible person for a correctible building violation
shall be liable for a civil fine unless the violation continues after the period allowed for
its correction, plus any extension pursuant to subdivision (b), and he or she is issued a
second citation containing a notice of noncorrection.
(b) The citee of a correctible building violation may request an extension of the
correction period provided that a request is filed with the director before the correction
period ends. The director may, in his or her discretion, grant a reasonable extension of
the period of time to correct the violation if the citee has supplied substantial evidence
showing that the correction cannot reasonably be made within the correction period.
The filing for such an extension does not, unless granted, extend the correction period
or any other time periods set by this chapter.
(c) If a correctible building violation has not been corrected by the end of the correction
period, the code enforcement officer has authority to issue to the responsible person a
second citation containing a notice of noncorrection. The citee to whom the notice of
noncorrection is issued shall be liable for and shall pay to the city the fine or fines
described in the citation which fine shall be due on the date this second citation is
issued. Additional citations may be issued and fines imposed for every day the violation
continues uncorrected from the date the second citation is issued.
(d) No correction period need be provided for immediate danger violation prior to
issuing citation(s) for fines payable to the City.
Section 6: Title 1, Chapter 11, Section 1-38 of the Costa Mesa Municipal Code, is hereby
amended to read as follows:
1-38. Citation contents.
(a) Each citation shall contain the following information:
Ordinance No. 2021-02 Page 5 of 8
(1) Name of the responsible person for the violation of this Code.
(2) Date on which the Code violation occurred.
(3) The Code section or ordinance violated.
(4) Address where the Code violation occurred.
(5) Description of the violation.
(6) Amount of the fine for the violation and procedure to pay the fine and avoid
a late payment penalty.
(7) Designation of the correctible building violation (if applicable), date the
correction period expires, and how to request an extension of that period, and
designation of a notice of noncorrection when the correctible building violation
has not been corrected.
(8) Designation of prior citations issued for the same Code violations, if known
by the code enforcement officer.
(9) Description of the procedure for requesting a waiver of fine deposit and/or
an administrative review to contest a citation.
(10) Designation of an assigned hearing date, time and location to be used if the
citee files a request for waiver of the fine deposit and/or an administrative review.
(11) A notice that the Code violation is a nuisance and the process for the
collection of unpaid fines and/or nuisance abatement costs as more specifically
set forth in section 1-48.
(12) Signature of the code enforcement officer issuing the citation.
(13) Date the citation is issued.
(14) A self-addressed envelope in which the citee can send to the city the fine or
a request for a waiver of fine deposit and/or an administrative review.
(15) Any other information deemed necessary by the city for enforcement or
collection purposes.
Section 7: Title 1, Chapter II, Section 1-43 of the Costa Mesa Municipal Code, is hereby
amended to read as follows:
1-43. Request for administrative review.
(a) Any person receiving a civil citation may contest it by filing a request for an
administrative review, except that a review of a correctible building violation may not be
requested unless and until a second citation containing a notice of noncorrection is issued.
To obtain an administrative review, the citee shall file a signed written request form
contained on the reverse side of the citation and indicate the grounds for contesting the
citation and fine. A citee may contest the citation by denying that a violation occurred, by
denying that it was not corrected within the correction period, if applicable, or by denying
that the citee is a responsible person for the violation.
(b) To be effective and complete, the request must be received by the city within thirty (30)
days of the date the citation was issued, and be accompanied by a deposit of the full amount
of the fine. The request will not be accepted for filing if not accompanied by the fine deposit
unless the citee also requests a waiver of the fine deposit pursuant to section 1-44. Where
Ordinance No. 2021-02 Page 6 of 8
a request and fine deposit are mailed by the citee, the request and fine deposit shall be
deemed filed on the date received by the city. All requests shall be date stamped upon
receipt by the city. The director is authorized to designate the location within the city where
the fines and deposits must be delivered to the city to satisfy this subdivision.
(c) The person requesting the administrative review shall appear at the hearing on the
date, time and place specified on the citation. Failure to personally attend the hearing will
be considered a nonappearance. Non-appearance by the citee shall constitute an
abandonment of the request unless the hearing was continued pursuant to section 1-45(f).
Section 8: Environmental Compliance. This Ordinance has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby
finds that it can be seen with certainty that there is no possibility that the passage of this
Ordinance will have a significant effect on the environment.
Section 9: Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
Section 10: Severability. If any chapter, article, section, subsection, subdivision, sentence,
clause, phrase, word, or portion of this Ordinance, or the application thereof to any person,
is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portion of
this Ordinance or its application to other persons. The City Council hereby declares that it
would have adopted this Ordinance and each chapter, article, section, subsection,
subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that
any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the
application thereof to any person, be declared invalid or unconstitutional. No portion of this
Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with
life safety factors.
Section 11: Effective Date. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of
general circulation, printed and published in the City of Costa Mesa or, in the alternative, the
City Clerk may cause to be published a summary of this Ordinance and a certified copy of
the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to
the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and shall post in the office
of the City Clerk a certified copy of this Ordinance together with the names and member of
the City Council voting for and against the same.
Ordinance No. 2021-02 Page 7 of 8
PASSED AND ADOPTED this 19th day of January, 2021.
ATTEST:
Brenda Green, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Kimberly Hall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 2021-02 was duly introduced for first reading at
a regular meeting of the City Council held on the 15th day of December, 2020 and that
thereafter, said Ordinance was duly passed and adopted at the regular meeting of the City
Council of the City of Costa Mesa held on the 19th day of January 2021, by the following roll
call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS,
MARK, AND FOLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City
of Costa Mesa this 20th day of January, 2021.
lc"k� Ouw
Brenda Green, ty Clerk
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