Ordinance Number 948AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 1 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE TO PROVIDE FOR THE RECOVERY OF NUISANCE
ABATEMENT EXPENSES AND THE ADOPTION OF AN
ADMINISTRATIVE CITATION PROGRAM.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HERBY ORDAINS
AS FOLLOWS:
SECTION 1. Section 1-2.10 is hereby added to Chapter 2 of Title 1 of the San
Juan Capistrano Municipal Code to read as follows:
Sec. 1-2.10. Nuisances—Recovery of abatement expenses.
(a) Whenever any person creating, causing, committing, or maintaining a public
nuisance, as referred to in Section 1-2.01(c) of this chapter, or other public nuisance, as
defined under state law or other applicable ordinances or regulations of the city, has
been given notice, by or on behalf of the City Attorney or by any other city officer,
employee, or policing agent authorized to give such notice, to abate such nuisance or
cease and desist from continuing such nuisance or violation of law, and such person
fails, refuses, or neglects to comply with the notice within the time specified therein, or if
such a time is not specified, then within a time reasonably sufficient to enable such
compliance, such non -complying person shall be liable to the city for any and all costs
and expenses to the city involved in thereafter abating the nuisance and in obtaining
compliance with or enforcing the law as referred to or encompassed within the notice.,
(b) Costs and expenses, as referred to in subsection (a) of this section, may include,
but are not limited to, any and all direct costs and expenses related to such things as
personnel salaries and benefits, operational overhead, rent, interest, fees for experts or
consultants, legal costs and expenses, including attorneys' fees, claims against the City
arising as a consequence of the nuisance or violation, and procedures associated with
collecting monies due hereunder.
(c) The liability of any person for the payment of the costs and expenses provided for in
this section may be waived in whole or in part by the City Attorney in any case wherein
he or she determines, in his or her sole discretion, that the failure or refusal of such
persons to comply with the notice was based upon a good faith and bona fide issue of
law or fact specifically involved in the circumstances of the case. Any determination or
decision of the City Attorney in this regard shall be final and conclusive and shall not be
subject to appeal.
(d) Money due to the City pursuant to this section may be recovered in an appropriate
civil action. Alternatively, such liability may be enforced by special assessment
proceedings against the parcel of land upon which the nuisance existed, which
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proceedings may be conducted in a manner substantively similar to proceedings in
Chapter 7 of Title 6 of this code relating to weed abatement assessments.
SECTION 2. Chapter 7 is hereby added to Title 1 of the San Juan Capistrano
Municipal Code to read as follows:
CHAPTER 7. ADMINISTRATIVE CITATIONS
1-7.01. Applicability.
(a) Use of this chapter shall be at the sole discretion of the City and is one remedy that
the City has to address violations of the Code, as defined in this chapter. By adopting
this chapter, the City does not intend to limit its discretion or ability to utilize any
criminal, civil or other remedies, or any combination thereof, to address any violations of
the city's laws and regulations.
(b) This chapter makes any violation of the provisions of the San Juan Capistrano
Municipal Code and other regulations subject to civil fines.
(c) This chapter establishes the administrative . procedures for the imposition,
enforcement, collection and administrative review of civil fines pursuant to Government
Code Section 53069.4.
(d) An administrative fine shall be imposed by means of an administrative citation
issued by an enforcement officer and shall be paid directly to the City of San Juan
Capistrano. Payment of a fine shall not excuse a failure to correct a violation nor shall it
bar further enforcement action by the City.
1-7.02. Definitions.
As used in this chapter, the following words are defined as follows:
"Citation" means an administrative citation that is issued to a responsible person
pursuant to this chapter.
"Citee" means a responsible person to whom a citation is issued.
"City" means the City of San Juan Capistrano, California.
"Civil fine" is the monetary sanction established by resolution of the City Council
that is imposed by a citation.
"Code" means and includes (1) the entire San Juan Capistrano Municipal Code
and all Orange County and state codes incorporated therein by adoption or reference;
(2) any condition imposed upon any entitlement, permit, approval or license; (3) any
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uncodified ordinance adopted by the San Juan Capistrano City Council; and (4) all other
state laws applicable to conduct or land use in the City of San Juan Capistrano.
"Director" means the Community Development Director of the City of San Juan
Capistrano or his/her designee.
"Enforcement officer" means any officer, agent or employee of the City designated
by the City Manager to have the authority and responsibility to enforce certain
provisions of this code pursuant to Section 1-5.01 of this code. This official may also be
referred to as an "Officer."
"Hearing officer" means a person, agency or body designated by the City to
consider all timely requests for an administrative hearing upon issuance of a citation.
"Notice of violation" means a written notice to a responsible person that a violation
of this code has occurred. This notice may include a warning that an administrative
citation assessing fines may be issued unless the violation is terminated or abated.
"Owner" means and includes any person having legal title to, or who leases, rents,
occupies or has charge, control or possession of, or responsibility for, any real property
in the city, including all persons identified as owners on the last equalized assessment
roll of the Orange County assessor's office. An owner of personal property or animals
shall be any person who has legal title, charge, control or possession of, or
responsibility for, property. An owner may include an agent, manager or representative
thereof.
"Person" means and includes any individual, partnership of any kind, a corporation
of any kind, limited liability company, association, joint venture or other organization or
entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators,
or assigns, or any combination of such persons. "Person" also includes any public entity
or agency that acts as an owner in the City.
"Property" or "premises" means any real property, or improvements thereon, or
portions thereof, as the case may be. "Property" includes any parkway or unimproved
public easement abutting such real property. "Property" shall also include all forms of
personal property or animals, where applicable.
"Responsible person" means any person, whether as an owner, or otherwise, -that
allows, causes, creates, maintains, or permits a violation of the code to exist or
continue, by any act or the omission of any act or duty.
"Violation" means an act or omission of any act, or use or condition that constitutes
an offense of the code, as well as a breach or violation of any condition of a permit,
approval or license issued pursuant to the code. A "transient" violation is one that is
brief or spontaneous in its commission, or that is not typically confined to a. fixed
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location. A "non -transient" violation is continuing in nature and generally present at one
location.
1-7.03. Scope.
This chapter provides for imposition of a civil fine pursuant to a citation for any violation
of the code, as well as for a breach or violation of any condition of a permit, approval or
license issued pursuant to the code. This remedy may be utilized in place of, or in
addition to, any other remedy allowed by the code or state law. The director shall have
sole discretion to utilize any remedy or remedies as authorized by law.
1-7.04. issuance of Notice of Violation.
(a) When an enforcement officer determines that a responsible person has committed a
violation of the code, the officer may first issue a notice of violation. The officer may
then issue a citation if complete abatement of the violation does not occur in a
reasonable period as required by the officer in the notice. The director may give a
responsible person an extension under a notice of violation if substantial progress, as
determined by the director, is made in abating the violation in the period stated in the
notice, or when the director determines that mitigating or extenuating factors are
present that merit an extension of a correction period in a notice of violation.
(b) The enforcement officer may, notwithstanding the foregoing subpart, elect to issue a
citation without a prior notice of violation if the responsible person is a chronic or repeat
offender of the code, or when the violation is transient in nature; or when the violation
presents an immediate. danger to health or safety, or is otherwise a serious or
substantial detriment to public welfare.
1-7.05. Issuance of administrative citation—Contents thereof.
(a) Whenever an enforcement officer determines that a violation of the code has
occurred, the officer may issue a citation on a form approved by the City Attorney
imposing a civil fine or fines to the responsible person(s) in accordance with the
provision of this chapter.
(b) When the violation pertains to building, plumbing,- electrical, or other similar
structural or zoning issues that creates an immediate danger to health or safety, a
citation may be issued forthwith. In the absence of an immediate danger, a citation for
such a violation shall not be issued pursuant to this chapter unless the responsible
person has first been provided with a reasonable period, as determined by the officer, in
which to complete the abatement or compliance actions.
(c) An 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 citee did
commit, or is otherwise responsible for, the violation.
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(d) Each day that a prohibited condition, use or activity under the code is committed,
continued or permitted, shall be a separate violation for which a citation may be issued.
A citation may charge several violations of the code.
(e) Each' citation shall contain the following information:
1. Name and mailing address of the responsible person;
2. The address or description of the location of the violation;
3. The date of commission of the violation(s) or detection thereof by an
enforcement officer;
4. The code ordinance section(s) violated;
5. A description of the violation(s);
6. Amount of the fine for each violation, and the procedure and place to pay
the fine(s), and any late charge(s), if not timely paid;
7. When appropriate, the action(s) required to correct the violation(s), and, if
applicable, any deadlines or time limitations for commencing and
completing such action(s);
8. A description of the citationreview process and the manner by which a
hearing on a citation may be obtained (including the form to be used and
the period in which a request must be made in order to be timely);
9. The name and signature of the officer, and the signature of the citee, if
he/she is physically present and will sign the citation at the time of its
issuance. The refusal of a citee to sign a citation shall not affect its validity
or any related subsequent proceeding, nor shall signing a citation
constitute an admission that a person has committed a violation of the
code;
10. Any other information deemed necessary by the director.
1-7.06. Service of citation.
(a) A citation may be served either by personal delivery to the citee or by first class mail
through the United States Postal Service. If served by first class mail, the citation shall
be sealed in an envelope with postage prepaid and addressed to the citee at his/her
last -known business or residence address as the same appears in public records of the
city. Service by mail shall be deemed to have been completed on the date of deposit
with the United States Postal Service. The date of personal service or the date a citation
is deposited with the U.S. Postal Service shall constitute the issuance date of a citation.
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(b) If an agent, manager or representative of a responsible person is personally served
with a citation, a copy thereof shall also be served by first class mail to the responsible
person at his/her last -known business or residence address as the same appears in
public records of the city. In such instances, the date a copy of the citation is deposited
with the U.S. Postal Service shall constitute the issuance date of a citation.
(c) If service cannot be accomplished personally or by mail for citations involving a real
property -related violation of the code, the officer shall post the citation on such real
property in the city in which the citee is known to have a legal interest in, or possession,
dominion and control of, such property, or a portion thereof. The date of posting shall
constitute the issuance date of e citation.
(d) Any notice or order given pursuant to any provision of this chapter shall be served in
the manner provided for in this section, unless otherwise stated.
(e) Failure of a citee to receive a citation or notice by mail, shall not invalidate any fine,
late charge, action or proceeding, if service was given in a manner stated in this section.
1-7.07. Civil fines, late charges Collection of fees and costs.
(a) The amounts of the fines imposed pursuant to this chapter shall be set forth in a
schedule of fines established by resolution of the City Council. The City Council may, by
resolution, also impose escalating fines in amounts it deems appropriate for repeat
offenses in a twelve-month period that are classified as misdemeanors under the code.
The amounts of fines may be modified from time to time by a resolution of the City
Council.
(b) If a violation is classified as an infraction under the code, the civil fine shall not
exceed one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a
second offense within one year, and five hundred dollars ($500) for a third, and
subsequent offense within one year as set forth in subdivision (b) of Section 36900 of
the California Government Code: The amounts of such fines may be modified from time
to time by a resolution of the City Council provided they do not exceed the limits allowed
by state law.
(c) Failure to pay a civil fine within the period required from the issuance date of a
citation shall result' in a late charge as established by a resolution of the City Council.
The amount of a late charge may be modified from time to time by a resolution of the
City Council.
(d) Civil fines and any late charges due shall be paid to the City at such location or
address as stated in the citation, or as may otherwise be designated by the director.
(e) The due date for the City's receipt of a civil fine shall be thirty calendar days from
the issuance date of a citation. Thereafter, a late charge shall be due and owing.
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(f) Payment of a civil fine shall not excuse or discharge a citee from the duty to
immediately abate a violation of the code, nor from any other responsibility or legal
consequences for a continuation or repeated occurrence(s) of a violation of the code.
(g) Abatement of a violation shall not excuse the obligation of a citee to pay a, civil fine,
or any late charge.
(h) Unpaid civil fines and/or late charges shall constitute a debt that may be collected in
any manner allowed by law; The City shall be entitled to recover its attorney fees and
costs arising from an action to collect a civil fine and/or late charge if it is the prevailing
party and provided it made the election to seek attorney fees at the commencement of
the action. A citee shall be entitled to recover his/her attorney fees if the City made the
election to seek attorney fees at the outset of the action and the citee prevails thereon.
1-7.080. Right to an administrative hearing—Waiver of advanced deposit of fine,
(a) Any citee may contest the violation(s), or that he/she is a responsible person, by
filing a request for an administrative hearing with the office of the City Clerk. The
request for an administrative hearing shall be made on a city -approved form and filed
within fifteen calendar days from the issuance date of a citation. If the office of the City
Clerk does not receive the request in the required period, the citee shall have waived
the right to a hearing and the citation and fine shall be deemed final,
(b) No fee shall be charged for the filing of a request for a hearing.
(c) Advanced Deposit of Fine.
1. Requests for a hearing shall be accompanied by the entire amount of the
fine stated in the citation. Failure to deposit a fine, or the tender of a
nonnegotiable check in the required period, shall render a request for an
administrative hearing incomplete and untimely.
2. Fines that are deposited with the city shall not accrue interest.
3. Fines deposited shall be returned to the person tendering the fines within
thirty days in the event a citation is overturned.
(d) Waiver of Advanced Deposit of Fine.
A citee who is financially unable to deposit the civil fine with his/her
request for a hearing may complete a city -approved application form for
an advance deposit hardship waiver (hereafter the "hardship waiver"). This
form and all required accompanying records, shall be tendered, along with
a request for a hearing, to the office of the City Clerk within fifteen
calendar days from the issuance date of a citation.
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2. To be considered for a hardship waiver, the application form must be
complete, signed, and must be accompanied by documents that enable
the City to reasonably determine the citee's present inability to deposit the
fine. Documents suitable for consideration, may include, without limitation,
accurate, complete and legible copies of state and' federal income tax
returns and all schedules for the preceding tax year; financial statements,
loan applications, bank account records, income and expense records for
twelve months preceding submittal of the waiver form, as well as other
documentation demonstrating the citee's financial hardship. The City may,
at a time chosen in its sole discretion and after a citation is final or
confirmed, destroy or discard the documents submitted by a citee for a
hardship waiver without prior notice to the citee.
3. Failure to submit a completed, signed hardship waiver form, along with
records that support a claim of financial hardship, shall render the request
for hearing incomplete and untimely. In this event, the citee shall have
waived the right to a hearing and the citation shall be deemed final.
4. The City shall issue a written decision specifying the reasons for issuing or
not issuing the hardship waiver. This decision is final and non -appealable.
The decision shall be served upon the person requesting the hardship
waiver by first class mail.
5. Approval of a hardship waiver shall result in the. City setting a hearing
pursuant to this section.
6. If the City determines that the citee is not entitled to a hardship waiver,
he/she shall tender the full amount of the civil fine to the office of the City
Clerk within seven calendar days of the date the decision is deposited with
the U.S. Postal Service. In the event the City Clerk does not receive the
full amount of the fine in the required period: (i) a late charge shall be
imposed; (ii) the request for a hearing is rendered incomplete and
untimely; and (iii) the citee shall have waived the right to a hearing and the
citation shall be deemed final.
(e) A request for a hearing shall contain the following:
1. The citation number;
Z The name, address, telephone and any facsimile numbers of each person
contesting the citation;
3. A statement of the reason(s) why a citation is being contested;
4. The date and signature of the citee(s).
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(f) The person,filing the request for a hearing shall be notified in writing by certified mail
of the date, time and place set for this proceeding which shall be conducted within sixty
days of the date a timely and complete request is received by the office of the City
Clerk. Such notice shall be given at least ten calendar days prior to the date of the
hearing. Service of this notice is deemed complete at time of mailing. The failure of a
citee to receive a properly addressed notice shall not invalidate the citation or any
hearing, city action or proceeding conducted pursuant to this chapter.
(g) If the officer submits an additional written report concerning the citation to the office
of the City Clerk for consideration at the hearing, then a copy of this report shall also be
served by first class mail on the person requesting an administrative hearing no less
than three calendar days prior to the date thereof. Failure to receive such report shall
not invalidate the citation or any hearing, city action or proceeding conducted pursuant
to this chapter.
(h) A timely request for a hearing shall not excuse a citee from the duty to immediately
abate a violation of the code, nor from any other responsibility or legal consequences
fora continuation or repeated occurrence(s) of a violation of the code.
1-7.09. Administrative hearing—Procedures.
(a) The City Manager shall designate or appoint, in accordance with applicable law, a
hearing officer. The employment, performance evaluation, compensation, and benefits
of the hearing officer, if any, shall not be directly or indirectly conditioned upon the
amount of administrative citation fines upheld by the hearing officer.
(b) Administrative hearings are informal and rules of evidence and discovery do not
apply. The City bears the burden of proof to establish a violation and responsibility
thereof by a preponderance of evidence. The citation is prima facie evidence of the
violation, however, the officer who issued the citation is not required to attend or
participate at the hearing. The citee(s), owner, or responsible person and officer, if
present, shall have an opportunity to testify, present witnesses and evidence and to
cross-examine witnesses presented by the city in support of the administrative. citation.
A citee, owner, or responsible person may bring an interpreter to the hearing provided
there is no expense to the city thereof. The hearing officer may question any person
who presents evidence or who testifies at the hearing. The hearing officer shall only
consider evidence that is relevant to whether the violation(s) occurred and whether the
citee, owner, or responsible person has caused or maintained the violation(s).
(c) A citee, owner .or responsible person may appear at the hearing in person or by
written declaration executed. under penalty of perjury. Such declaration ,and any
documents in support thereof shall be tendered to and received by the office of the City
Clerk at least five city business days prior to the hearing. If the citee, owner or
responsible person fails to attend the scheduled hearing or does not submit a written
declaration in a timely manner, he/she shall be deemed to have waived the right to a
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hearing. In such an instance, the hearing officer shall cancel the hearing and not render
a decision. In such instances, the citation shall be deemed final.
(d) Hearings may be continued once at the request of a citee, owner or responsible
person or the officer who issued the citation. The hearing officer may also continue the
hearing for cause.
1-7.10. Hearing officer decision—Right of appeal.
(a) After considering all of the testimony and evidence submitted at the hearing, the
hearing officer shall issue an administrative order at the . conclusion of the hearing or
within fifteen days to uphold or overturn the citation and shall state the reasons thereof.
If the citation is upheld and the violation has not been fully corrected as of the date of
the hearing, the hearing officer shall order correction thereof in the decision and state
deadline(s) to complete such action(s). The decision of the hearing officer shall be final.
All fines become immediately due and owing to the City in the full amount and if not paid
may be collected as provided in this chapter. Failure to comply with,an administrative
order directing the abatement of a continuing violation will result in a criminal
misdemeanor complaint to be filed or other legal remedy available to gain compliance
with the administrative order.
(b) The citee(s) small be served by first class mail with a copy of the administrative
order. The date the decision is deposited with the U.S. Postal 5ervice.shall constitute
the date of its service. The failure of a citee to receive a properly addressed decision
shall not invalidate the citation or any hearing, city action or proceeding conducted
pursuant to this chapter.
(c) Decisions of the hearing officer are, in accordance with Government Code Section
53069.4(b), appealable to the superior court within twenty days after the date of their
service. Each decision shall contain a statement advising the citee(s) of this appeal right
and the procedures and court filing fee for its exercise. A citee shall serve a,copy of the
court filed notice of appeal on the office of the City Clerk by, personal service or first
class mail within five calendar days of filing the original thereof.
(d) If a hearing officer's decision is not appealed in a timely manner, the decision shall
be deemed confirmed.
(e) The superior court is the sole reviewing authority and an appeal from a hearing
officer's decision is not appealable to the City Council. If a responsible person prevails
on appeal, the City shall reimburse his/her filing fee, as well as the fine deposit in
accordance with the court judgment., These monies shall be mailed to the responsible
person within thirty calendar days of the city's receipt of a notice of judgment or ruling
from the superior court clerk.
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1-7.11. Collection of delinquent fines.
(a) The City may use all available legal means to collect past due fines and other
related costs.
(b) Any person who fails to pay any fine shall be liable in any action or collection
procedure brought by the City for all costs incurred to obtain payment of the delinquent
amount, including, but not limited to, administrative costs, collection costs, and
attorneys' fees.
(c) Collection costs shall be in addition to any penalties, interest and late charges
imposed upon the delinquent obligation.
(d) Commencement of an action to collect a delinquent fine shall not preclude issuance
of one or more additional citations to the legally responsible party if the violation or
violations persist after the date for correcting them as stated in the administrative order.
1-7.12. Collection by Lien.
(a) If the fine owed by a cited party is for one or more municipal code violations on the
cited party's property, and the citation was issued to abate a nuisance as defined by the
municipal code or city ordinance, and the amount has been delinquent ninety days or
more, the delinquent amount shall become a lien on the property on which the violations
occurred.
(b) Notice of lien hearing. The City shall give written notice to the cited party of a
hearing before the City Council regarding the delinquent fine amount and related costs.
The notice shall be mailed by first class mail at least fourteen days before the hearing.
The notice shall state:
1. The citation or citations resulting in the delinquent fine amount;
2. The total of the delinquent fine amount and related costs;
3. The date the delinquent fine amount was due;
4. The street address, assessor's parcel number and legal description of the
property upon which the violations occurred;
5. The date, hour and place of the hearing;
6. A statement that the cited party or other legally responsible person may
appear and be heard;
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7. A statement that unless the fine amount is paid by the date specified in a
resolution by the City Council, the total amount due will become a lien and
special assessment on the property.
(c) Lien hearing. At the lien hearing, the City Council shall hear and- consider all
competent evidence about the delinquent fine amount. If it finds the amount is
delinquent, it shall make a finding of fact confirming that the delinquent fine amount and
related costs are due the City as costs of nuisance abatement. if the delinquent amount
are affirmed, the total amount due is to be paid to the City within five days, after which
the amount due will become a lien on the property.
(d) Recorded lien. If the amount due is not paid within five days after the City Council
confirms it and orders it paid, the amount due shall constitute a lien upon the real
property upon which the nuisance violations existed and shall be a special assessment
against the property. The lien shall continue until the amount due and interest,
computed at six percent per annum from the date of the City Council's confirmation, is
paid or until it is discharged of record. If the amount due is not paid as required by the
City Council's order, a notice of lien shall be recorded in the office of the County
Recorder and delivered to the County Tax Collector. The notice of lien shall
substantially be in the following form:
NOTICE OF LIEN
CLAIM OF THE CITY OF SAN JUAN CAPISTRANO
By the authority of Chapter 7 of Title 1 of the San Juan
Capistrano Municipal Code, an administrative citation or
citations were issued regarding nuisance abatement at the
real property described below. Fines were assessed for the
nuisance. By action of the City of San Juan Capistrano City
Council, recorded in its official minutes, the fines and related
costs were confirmed as delinquent and assessed against
the property as costs of nuisance abatement.
The delinquent amount was not paid, therefore the City.
of San Juan Capistrano claims a lien on the real property for
the costs of abatement in the amount of $ , which
shall be a lien on the real property until it is paid, with
interest at the rate of 6% per annum from the day of
, 2 [insert the date the City Council confirmed
the delinquent fines and related costs]. The lien shall
continue until paid in full and discharged of record. It shall
also be a personal obligation against [insert name of
property owner].
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The real property upon which a lien is claimed is that
certain parcel of land in the City of San Juan Capistrano,
County of Orange, State of California, described as follows:
ON
[insert legal description.)
Dated this day of
City of San Juan Capistrano
0
Community Development Director
(e) Special assessment.
1. After the lien is confirmed and recorded, a certified copy of it shall be filed
with the county auditor. The description of the parcel reported to the
auditor shall be the one used .by the county assessor's map book for the
current year. The county auditor shall enter each assessment on the
county tax roll for the reported parcel of land. The amount of the
assessment shall be collected at the time and in the manner of ordinary
municipal taxes.
2. If delinquent, the amount is subject to the same penalties and procedure
of foreclosure provided for ordinary municipal taxes. As an alternative
method, the county tax collector, in his/her discretion, may collect the
assessment without reference to the general taxes, by issuing separate
bills and receipts for the assessment. Laws relating to'the levy, collection
and enforcement of county taxes shall apply to such special assessment.
3.. The City may receive the amount due on the abatement costs and issue
receipts at any time after the confirmation of the statement, before August
1 st of that current year. The City Council may order a refund of any lien or
assessment paid ,under this section if it finds that all or part of the
assessment has been erroneously levied. An assessment or part thereof
shall not be refunded unless a claim is filed with the City Clerk on or
before March 1 st after taxes become due and payable. The claim shall be
verified by the person who pays the tax, or his/her guardian, executor, or
administrator.
1-7.13. Responsibility of Parent(s) and/or Legal Guardians.
Whenever the responsible person is a person under the age of 18, the enforcement
officer shall provide copies of all notices and orders specified in this chapter to the
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parent(s) and/or legal guardian(s) of the responsible person. Any fine levied pursuant to
this chapter many be levied against the juvenile and the parent(s) and/or legal
guardian(s) of the juvenile. The parent(s) and/or legal guardian(s) shall have the right to
a hearing and judicial review as set forth in this chapter.
1-7.14. Confidentiality in Connection with Citizen Complaints.
The identity of any person malting a complaint to the city concerning a violation of the
code or other applicable laws shall remain confidential to the fullest extent allowed by
law. However, no enforcement action shall be taken beyond issuance of a notice of
violation unless (1) the complainant agrees to be identified upon request of the citee,
owner or responsible person; or (2) the enforcement officer has developed sufficient
independent evidence to proceed with a Citation.
1-7.15. Miscellaneous provisions.
(a) Failure of a citee to comply with a corrective action stated in any uncontested
citation, or with regard to a correction order in any hearing officer decision that is
deemed confirmed, shall constitute a misdemeanor.
(b) Any person having a record of non-compliance with corrective action or non-
payment of fine(s) may be required to post security in the form acceptable to the City
Attorney to ensure compliance with the code as a condition to the issuance of any
entitlement, permit, approval or license.
(c) The director may dismiss a citation at any time if a determination is made that is
was issued in error, in which event any deposit of a fine shall be refunded. Notice of
such action shall be given to the citee in writing.
(d) The director is authorized to promulgate procedural rules and regulations governing
the civil administrative citation and hearing process consistent with this chapter and
applicable law.
SECTION 3. SEVERABILITY. If any section, subsection, clause or phrase of
this Ordinance or any part thereof is for any reason held to be invalid; unconstitutional
or unenforceable by the decision of. any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portion of the Ordinance.°The City Council
declares that it would have passed each section, subsection, paragraph, sentence,
clause or phrase thereof, irrespective of the fact that any one or more . section,
subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION 4. CERTIFICATION. The City Clerk shall certify to the adoption of
this Ordinance and cause the same to be posted at the duly designated posting places
within the City and published once within fifteen (15) days after passage and adoption
as required by law; or, in the alternative, the City Clerk may cause to be published a
Page 14 of 16 0 948
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 a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of the City
Clerk.
PASSED, APPROVED, AND ADOUIM-t�is 18,t-hday of November, 2008.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF SAN JUAN CAPISTRANO )
JOE SATO, MAYOR
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 947 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 7th day of October 2048 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 4T" day of November 2008 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, Nielsen, and Mayor Soto
NOES, kPIN
i CIL MEMBERS: None
ABSENT: CIL. MEMBERS: None
Cl+
Page 15 of 16 0 948
STATE OF CALIFORNIA j
COUNTY OF ORANGE ) sa AFFIDAVIT OF POSTING
CITY OF SAN JUAN. CAPISTRANO )
1, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California, on the 24th day of October 2008, at least 5
days prior to November 18, 2008, the date of adoption of the ordinance, I caused to be posted,
in the City Clerk's Office a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN
AMENDING TITLE 1 OF THE SAN JUAN, PIS"
PROVIDE FOR THE RECOVERY OF/ A
AND THE ADOPTION OF AN ADMINIS RAT -V
San Juan
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO j
CAPISTRANO, CALIFORNIA
RANO MUNICIPAL CODE TO
Y ABATEMENT EXPENSES
ITATION PROGRAM
NAI=IAN, CITY C
o, Qa;lifornia
AFFIDAVIT OF POSTING
1, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano;. That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 19th day of November 2008 1 caused to
be posted, in the City Clerk's office, a certified copy of Ordinance No. 947, adopted by the City
Council on November 18, 2008 entitled:
AN ORDINANCE OF THE CITY OF SAN
AMENDING TITLE 1 OF THE SAN JUANA
PROVIDE FOR THE RECOVERY OF :N
AND THE ADOPTION OF AN ADMINISTR,
San J
CAPISTRANO, CALIFORNIA,
RANO MUNICIPAL CODE TO
:E ABATEMENT EXPENSES
CITATION PROGRAM.
ET R. -MONS IAN, ql-
Capistrano, 'California
Page 16 of 16 0948