Attachment 1-1
ORDINANCE NO.________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING BURBANK MUNICIPAL CODE
SECTIONS 1-1-105 VIOLATIONS OF THE CODE AND
1-1-108.1 ADMINISTRATIVE CITATIONS
City Attorney’s Synopsis
Burbank Municipal Code (BMC) Sections 1-1-105 Violations of the Code and 1 -1- 108.1 Administrative Citations contain the City’s existing authority to enforce the BMC’s provisions and define who can issue citations, impose fines, and enforce the administrative process. The amendments to these provisions allow for broader enforcement by Animal Control Officers now managed in the Parks, Recreation and Community Services Department, clarify the notice provisions for violations associated with real property, and allow fo r a third -party vendor to assist with collecting fines and managing any appeals.
The Council of the City of Burbank finds
A. Burbank Municipal Code Section 1-1-105 Violations of the Code, subsection C currently authorizes only the Public Works Director, the Community Development Director and the General Manager of Burbank Water and Power, or their designated deputies or employees to enforce the provisions of the Code by citing violators for infractions or issuing administrative citations. The amended language will allow the Parks, Recreation and Community Services Director or any of their designees to issue violations.
B. BMC Section 1-1-108.1 Administrative Citations subsection E currently requires an “attempt to locate and personally serve the responsible person on the administrative citation” and if “unable to locate the responsible person, the administrative citation shall be mailed.” The amendment would allow for mailing a citation when it is related to or arises from the use of real property.
C. BMC Section 1-1-108.1 Administrative Citations subsection G.1. is amended to allow the Financial Services Department to designate a third -party vendor to collect and manage fines.
D. BMC Section 1-1-108.1 Administrative Citations subsection H.1 is amended to allow a third-party vendor to accept Requests for Hearing, allows such requests to be made online, and provides that relevant forms be made available on the City’s website.
E. BMC Section 1 -1-108.1 Administrative Citations subsection I is amended to allow for the referral of any nonpayment to the Franchise Tax Board for collection.
The Council of the City of Burbank does ordain as follows:
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1. Burbank Municipal Code Section 1-1-105 Violations of the Code and 1-1-108.1 Administrative Citations, are amended to read as follows:
1-1-105: Violations of the Code
C. Public Officers Authorized to Issue Citations: The Public Works Director, the Community Development Director, Park, Recreation and Community Services Director, and the General Manager of the Burbank Water and Power Department, or any of their designated deputies or employees, shall, in enforcing the provisions of this code within their regulatory responsibilities, have the authority to cite violators for infractions or to issue administrative citations as set forth in Section 1-1-108.1 of this article. [Amended by Ord. No. 3593, eff. 3/9/02; formerly numbered Section 1-5; renumbered by Ord. No. 3058; 3158, 2954, 2749, 2196.] 1-1-108.1: Admin istrative Citations:
B. Responsible Person, Definition: For the purpose of this section a responsible person is any of the following:
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 of such premises.
E. Service Procedures: In any case where an administrative citation is issued:
1. Personal Service: The Enforcement Officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.
In the event that the administrative citation arises from or relates to real property within the boundaries of the City of Burbank, the Enforcement Officer may elect to serve the responsible person by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to [such person at such person’s last known business or residence address as the same appears in public records or other records pertaining to the matter to which such notice is directed] OR [the person that owns, resides or otherwise is the person who appears in the public records or other records relating to the real property to which the matter which such notice is directed]. Such service by mail shall be deemed to be completed at the time of deposit in the United States post office.
G. Satisfaction of Administrative Citation; Upon receipt of a citation, the responsible person must do the following:
1. Pay the fine to the City within fifteen (15) days from the date of the citation. All fines assessed shall be payable to the Burbank Finance Department or its designated third-party collection vendor. Payment of a fine shall not excuse or discharge a failure to correct continuing violations, nor shall it bar further enforcement action by the City.
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H. Appeal of the Administrative Citation:
1. Time to File an Appeal: Any recipient of an administrative citation may contest that there was a violation of the Burbank Municipal Code or that they are the responsible person by completing a “Request for Hearing” form online or returning it by mail so that it is received within fifteen (15) days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the fine. Such “Request for Hearing” forms shall be made available at no charge on the City’s website or by the City Clerk. A failure to file a timely “Request for Hearing” shall be deemed a waiver of the right to appeal the citation and to seek judicial relief.
4. Hearing Procedure:
a. No hearing to contest an administrative citation before a Hearing Officer shall be held unless and until a timely “Request for Hearing” form has been completed and submitted, and the fine has been deposited in advance. b. After receipt of the “Request for Hearing” form and fine deposit, a hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the “Request for Hearing” is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The failure of a recipient of an administrative citation to appear at the hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the Hearing Officer decision based upon a failure to exhaust administrative remedies.
I. Collection of Unpaid Fines: Failure to pay the assessed administrative fine within fifteen (15) days or such other time limit set forth in the administrative citation, and/or to successfully challenge by a timely appeal as provided in this section, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Section 9-1-313 of this code. Alternatively, the matter may be referred for collection, which includes, but is not limited to, the filing of a Small Claims Court action, or referral to the Franchise Tax Board for collection.
2. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions , sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
3. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
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PASSED AND ADOPTED this ____ day of February 2023.
___________________________
Konstantine Anthony
Mayor
Approved as to Form:
Attest Office of the City Attorney
________________________ By: ________________________ Kimberley Clark, City Clerk Jill Vander Borght Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2023, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California on the ____ day of ___________, 2023.
______________________________
Kimberley Clark, City Clerk