Agenda Item
City Council
Item #: 9.2. 3/28/2023 File #: 23-0199
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Jeff Adams, Interim Community Development Director
1. SUBJECT
Introduction and First Reading of Ordinance No. 04-23 adding new Chapter 1.10 to the Orange Municipal Code relating to administrative citations, and adoption of Resolution No. 11444 setting fines and fees.
2. SUMMARY
Ordinance No. 04-23 will establish an administrative citation program in the City as allowed by state law and includes provisions for the applicability, contents, procedure, payment, and appeal of citations. Resolution No. 11444 will set the fines and fees relating to administrative citations.
3. RECOMMENDED ACTION
1. Introduce and conduct First Reading of Ordinance No. 04-23. An Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations.
2. Adopt Resolution No. 11444. A Resolution of the City Council of the City of Orange setting the amount of fines and fees for violations of the Orange Municipal Code relating to administrative citations.
4. FISCAL IMPACT
There will be a fiscal impact however, it is undetermined at this time.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.
6. DISCUSSION AND BACKGROUND
California Government Code Section 53069.4 authorizes a local agency to make any violation of its ordinances subject to an administrative fine. It must, by ordinance, set forth the administrative procedures governing the imposition, enforcement, collection, and administrative review of administrative fines. Section 53069.4 also requires different procedures depending on the type of violation. Additionally, Government Code Section 36900 establishes a maximum fine limit when administrative fines are imposed against a person. The City of Orange currently has no administrative citation authority to impose administrative fines against any person who violates any ordinance of the Orange Municipal Code (OMC).
The Code Compliance Division plays an integral part in the enforcement of municipal, state, and county codes in an effort to preserve and enhance the quality of life for residents, business owners, City of Orange Printed on 3/22/2023Page 1 of 4
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Item #: 9.2. 3/28/2023 File #: 23-0199
county codes in an effort to preserve and enhance the quality of life for residents, business owners, and visitors of the City. When a complaint is made or a violation is observed, Code Compliance employs a variety of methods to gain voluntary compliance through courtesy warnings, advisory letters, public information, and formal enforcement action through a series of first and final notices of violations with compliance deadlines. However, there are a number of occasions when voluntary compliance is not forthcoming and additional enforcement action is necessary to attain compliance.
This results in the issuance of criminal citations (notice to appear) or filing of a criminal complaint in court.
Currently, the majority of violations of the OMC are identified as a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months in the county jail or by both fine and imprisonment. The proposed Administrative Citation Program provides an option for resolving violations by imposing administrative fines rather than just solely relying on criminal prosecution.
Unfortunately, criminal prosecution of violations can be very costly to the City with respect to staff time, resources, and delays in court proceedings which can take four months to a year for a trial.
Additionally, the City finds it challenging to attain a criminal conviction by a jury for minor violations such as noise, leaving trash cans in public view, front lawn parking, and overgrown vegetation, to name a few. The implementation of administrative citations would help to deal with both major and minor violations by providing appropriate enforcement tools and legal remedies available to Code Compliance Officers. In instances where the assessment of an administrative fine does not gain compliance, the City still retains its legal options and remedies to file criminal court complaints or citations, civil actions, injunctions, receivership, hold a public nuisance hearing, and/or conduct abatement proceedings. The adoption of an administrative fine process for Code Compliance can also be useful to certain employees from the Police, Fire, Public Works, and Finance Department who are responsible for the administering and enforcing of certain sections of the OMC. Each City department has developed public information material such as flyers, notices, and brochures about the various codes, laws, and regulations they administer, however criminal prosecution is currently their primary remedy. Having an administrative citation option will enhance their enforcement efforts.
Use of Administrative Fines in Neighboring Cities
The use of administrative citations has been adopted and used throughout cities in Orange County which include Villa Park, Garden Grove, Anaheim, Santa Ana, Tustin, Irvine, Lake Forest, Yorba Linda, Placentia, Buena Park, Stanton, Fullerton, La Habra, Brea, Cypress, Costa Mesa, Westminster, Fountain Valley, Los Alamitos, La Palma and all beach cities.
Overview of Legislation regarding Administrative Citation Fines In addition to the general administrative citation authority in Government Code Section 53069.4, other legislation has provided further applicability and enforcement provisions - AB 2598 increased fine amounts for general code violations and building and safety violations.
It also recognizes that unmaintained and blighted commercial properties are a drain on city resources. Therefore, this law grants the ability to issue increased fines of $2,500 for each additional violation of the same ordinance within two years of the first violation, if the property is a commercial property whose property owner fails to remove visible refuse or fails to prohibit unauthorized use of the property.
- AB 2164 grants cities the ability to expedite administrative fines for violations of building and zoning regulations, if the violation exists as a result of, or to facilitate, the illegal cultivation of City of Orange Printed on 3/22/2023Page 2 of 4
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Item #: 9.2. 3/28/2023 File #: 23-0199
cannabis.
- SB 946 and SB 972 provide for the regulations of sidewalk vendors on public property and only allow cities to impose administrative fines for violations committed by sidewalk vendors who fail to comply with the regulations making the availability of an administrative citation program necessary.
Proposed Administrative Fines
The proposed fine amounts in Resolution No. 11444 have been developed based on Government Code 53069.4 which authorizes the City to make violations of its municipal code subject to administrative enforcement with maximum fines as follows:
1. As provided in Government Code Section 36900(b), the following schedule of administrative fines was adopted for general code violations:
a. Every violation is punishable by a fine up to $100 for a first violation in a twelve (12) month period;
b. Every violation is punishable by a fine up to $200 for a second violation of the same ordinance in a twelve (12) month period; and
c. Every violation is punishable by a fine up to $500 for each third or additional violation of the same ordinance in a twelve (12) month period.
2. As provided in Government Code Sections 36900(c), a violation of any building and safety code is punishable by the following:
a. A fine up to $130 for a first violation in a twelve (12) month period; b. A fine up to $700 for a second violation of the same ordinance within a twelve (12) month period;
c. A fine up to $1,300 for each additional violation of the same ordinance within a twelve (12) month period of the first violation; and
d. For commercial property that has an existing building at the time of the violation and the owner fails to remove visible refuse or prohibit unauthorized use of the property, a fine up to $2,500 for each additional violation of the same ordinance within two (2) years of the first violation.
Effect of Adoption of Administrative Citation Ordinance Ordinance No. 04-23 would result in the following changes to the current Code Compliance protocol:
- Provide an alternative and effective enforcement tool by serving administrative citations on persons who fail or refuse to comply with courtesy warnings and notices; - Streamline delays in achieving code compliance by providing for an administrative option instead of solely relying on criminal prosecution;
- Allow for immediate issuance of administrative citations for health and safety violations relating City of Orange Printed on 3/22/2023Page 3 of 4
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Item #: 9.2. 3/28/2023 File #: 23-0199
to building and safety codes;
- Establish an escalation of fines the City can levy for repeat offenders of the OMC; - Impose higher fines to property owners of commercial buildings for violations containing visible refuse and/or failing to prohibit unauthorized land use; - Provide a provision in the administrative citation appeal process to preserve a person's right to due process and submittal of a hardship waiver in lieu of having to deposit the fine amount while contesting the citation;
- Set up an administrative hearing process, within not less than 15 days but no more than 60 days, for a person wishing to contest an administrative citation before an independent hearing officer who will determine whether to uphold the fines or cancel the citation; and - Establish a collection process for unpaid or late fines.
As with all enforcement methods, Staff would retain discretion whether to apply the increased fines depending on the nature of the violation, the responsiveness of the person involved and whether issuance of the fine will facilitate code compliance. Staff's recommendation is consistent with Code Compliance’s current policy of encouraging voluntary compliance through courtesy warnings, education material and notices. In cases where voluntary compliance is not achieved, the recommended administrative citation program would provide Code Compliance Officers, Police Officers and other authorized department staff with a more effective tool when necessary to ensure citizens comply with the OMC.
7. ATTACHMENTS
· Ordinance No. 04-23
· Resolution No. 11444
City of Orange Printed on 3/22/2023Page 4 of 4
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