Ordinance No. 99857
ORDINANCE NO. 998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTIONS 1 -7 AND 1 -12 OF CHAPTER 1 OF THE CYPRESS
MUNICIPAL CODE RELATING TO ADMINSTRATIVE CITATION
PROCEDURES
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY ORDAINS
AS FOLLOWS:
SECTION 1: Subsection (a) of Section 1 -7 of the Cypress Municipal
Code is hereby amended to read in its entirety as follows:
(a). Whenever in this Code or in any other ordinance of the city or in
any order, rule, or regulation issued or promulgated by any duly authorized
officer or agent of the city, any act is prohibited or is made or declared to be
unlawful or the doing of any act is required and the failure to do that act is
declared to be unlawful, and no specific penalty is provided therefor, violation of
said provision shall be punished by a fine not exceeding one thousand dollars
($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both
such fine and imprisonment.
For the purposes of this Section 1 -7, any violation of the Cypress Municipal Code
( "Municipal Code Violation ") may be processed through the Administrative
Citation provisions established within this Section 1 -7 and Section 1 -12
providing, however, when processed as Administrative Citations, all such
Municipal Code violations shall be subject to the maximum amounts established
in Subsection 1 -7(c).
Nothing in this Chapter shall prevent the City from exercising its discretion to
select between criminal enforcement for a Municipal Code Violation and
enforcement through the Administrative Citation process established herein.
SECTION 2: Subsection 1 -7(c) of the Cypress Municipal Code is hereby
amended to read in its entirety as follows:
(c). When specifically designated as such, violations of any provisions
of this Code or any other ordinance, rule, order, or regulation shall be an
infraction, which shall be punished as follows:
First violation: $100.00 fine
Second violation: $200.00 fine
Third violation, and each subsequent violation of the same ordinance or permit
within one (1) year from the date of the first violation, may at the City's discretion
be treated as an infraction and fined in the amount of $500.00 per occurrence, or
may be deemed a misdemeanor and as such, shall be punishable as set forth in
Subsection (a).
Notwithstanding anything to the contrary designating an offense a misdemeanor,
when the city attorney, or the district attorney files in a court having jurisdiction
over misdemeanor offenses a complaint specifying that an offense otherwise a
misdemeanor is an infraction, the violation shall be deemed an infraction for all
purposes.
SECTION 3: Section 1 -12.1, Administrative Citation Procedure, is hereby
added to the Cypress Municipal Code to read in the entirety as follows:
(a). Issuance of Administrative Citation. An Enforcement Officer may,
upon discovering that a person has committed a Municipal Ordinance Violation
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(hereinafter referred to as "Offender "), issue an administrative citation to the
Offender. The administrative citation shall be issued by personal service on the
Offender or by registered or certified mail to the Offender's last known address.
The Offender's failure to receive or refusal to accept the administrative citation
shall not affect the validity of the administrative citation or any proceeding
undertaken to this Chapter.
(b). Correction Period. Unless otherwise specified, an Offender shall
have at least fifteen (15) calendar days to correct or otherwise remedy a
Correction Condition prior to the issuance of an administrative citation and the
imposition of the corresponding fine. A longer Correction Period may be granted
if the enforcement officer determines that additional time is reasonably
necessary to remedy the Correction Condition.
(c). Expedited Correction Date. An Offender may be given less than
fifteen (15) calendar days to correct or otherwise remedy an Expedited
Correction Condition prior to the issuance of an administrative citation should the
Correction Condition be of a transitory nature, or a condition which poses an
immediate risk to the health, safety or welfare of the community. An Expedited
Correction date shall set a correction date which may be as short as
"immediate ", to as many as fourteen (14) days.
(d). Correction Notice. Upon discovery of a Correction Condition, the
Enforcement Officer shall issue a written Correction Notice to the Offender by
personal service or by registered or certified mail to the Offender's last known
address. Such notice shall refer to the Code section(s) violated and facts
supporting the issuance of the citation. The Correction Notice shall also describe
the action(s) necessary to correct the violation and state the final date by which
the correction must be completed.
(e). Offender's Obligations - Pay Fine / Request Hearing. Within fifteen
(15) calendar days from the date the Administrative Citation is issued, an
Offender shall either: (i) pay the Administrative Fine designated on the
Administrative Citation; or (ii) pay the Administrative Fine designated on the
Administrative Citation and make a written request to the City Clerk for an
administrative hearing. The citation shall be deemed to have been issued on the
date noted on the citation, if personally served, or on the date mailed, if served
by registered or certified mail. The administrative citation shall include a warning
that failure to pay the fine, or failure to pay the fine and request an administrative
hearing and appear at the same may result in the City taking all legal steps
necessary to obtain payment of the fine, and the offender being charged all costs
of such collection.
(f). Continuing of Violation. With the exception of Municipal Ordinance
Violations continuing to exist within the Correction Period provided under Section
1 -7, each and every day during any portion of which any Municipal Code
Violation is committed, continued, maintained or permitted shall constitute a new
and separate offense for which the full Administrative Fine may be imposed.
(g). Obligation to Correct Violation. Nothing in this Chapter shall be
interpreted to mean that payment of the Administrative Fine by an Offender
discharges or excuses the Offender's obligation to correct the Municipal Code
Violation. Failure to correct the Municipal Code Violation may result in the
issuance of additional Administrative Fine citations, the commencement of a
criminal prosecution, or the imposition of any other legal remedy available to the
City.
(h). Request for Hearing. Any Offender desiring to challenge the
issuance of an Administrative Citation shall, within fifteen (15) calendar days
from the date the Administrative Citation is issued, make a written request for a
hearing with the City Clerk setting forth the basis of the challenge. The Offender
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shall cause to be deposited with the City's Finance Department the entire
Administrative Fine and, two- hundred fifty dollars ($250.00) as an offset to one -
half (1/2) the fee associated with payment of an Administrative Hearing Officer.
Both parties shall equally split the cost for the hearing officer. Unused fees will
be returned to the Offender subsequent to the disposition of the hearing.
(i). Decision in Favor of Offender. The issuance of a decision in favor
of the Offender shall constitute a dismissal of the Administrative Citation. The
City shall return any funds the Offender paid to the City towards the dismissed
Administrative Citation. Dismissal of an Administrative Citation shall not preclude
the City from the commencement of a criminal prosecution, or the imposition of
any other legal remedy available to the City.
(j). Waiver of Right to Hearing. The Offender's failure to appear at a
scheduled hearing shall constitute a waiver of the right to a hearing as well as a
waiver of a right to judicial review of the imposition of the Administrative Fine. An
Offender's failure to appear at the hearing shall be presumed to be an admission
of guilt to the Municipal Code Violation charges as indicated on the
Administrative Citation.
(k). Delinquency of Administrative Fine. Payment of an Administrative
Fine is delinquent thirty (30) days after the fine becomes due and payable. A
delinquent Administrative Fine shall be treated as an account receivable by the
City and shall be subject to the City's established policy for delinquent accounts
payable. Furthermore, the Offender shall also be required to pay to the City its
actual cost of collection. Any fine imposed pursuant to Section 1 -7 of the
Cypress Municipal Code shall be deemed delinquent if it is not paid in
accordance with the terms and conditions of Section 1 -7. Any person who fails
to pay to the City the amount of any fine imposed pursuant to the provisions of
Section 1 -7 of the Cypress Municipal Code, on or before the date that fine
amount is due, shall be liable for the payment of an additional delinquency
penalty. The delinquency penalty is equal to ten percent (10 %) of the amount
due the City, or ten percent (10 %) of the amount of the fine remaining unpaid to
the City if a portion of the fine amount was timely paid. Interest shall accrue on
all delinquent accounts, exclusive of delinquent penalties at the rate of one half
(1/2) of one percent (1 %) per month, pro rata, of the total delinquent fine amount,
from the date the fine becomes delinquent until the date that all delinquent fine
amounts are paid to the City.
SECTION 4: Section 1 -12.2 is hereby added to the Cypress Municipal
Code to read in the entirety as follows:
(a). Judicial Review. If an Administrative Citation is rendered in favor of
the City, the Offender may seek judicial review of the Administrative Order by
doing one (1) of the following:
A. Appeal the Administrative Order pursuant to Government Code
Section 50369.4 within twenty (20) calendar days after service of the
Administrative Order. Such an appeal shall be made by filing a Notice of Appeal
with the Clerk of the Civil Division of the West Court Justice Center for the
County of Orange, State of California, located at 8141 13th Street, Westminster,
CA, along with the required filing fee and a copy of the Administrative Order.
The appealing party shall also serve a copy of the Notice of Appeal on the City of
Cypress at that time by delivering the same in person or mailing the same by first
class mail, postage pre -paid, return receipt requested to: Cypress City Clerk,
5275 Orange Avenue, Cypress, CA, 90630. If no appeal notice is filed within the
twenty (20) calendar day period, the decision shall be deemed final; or
B. File a petition for a writ of mandate pursuant to Code of Civil
Procedure, Section 1094.5, within ninety (90) calendar days after service of the
Administrative Order.
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SECTION 6: The City Clerk of the City of Cypress shall certify to the
passage and adoption of this ordinance and the same shall be posted as
required by law and shall take effect as provided by law.
FIRST READING at a regular meeting of the City Council of said City held
on the 24th day of January , 2000 and finally adopted and order
posted at a regular meeting held on the 14th day of February , 2000.
ATTEST:
c .
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LERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
) SS
MAYOR OF THE CITY OF PRESS
I, LILLIAN M.HAINA, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regularly meeting of
said City Council held on the 14th day of February 2000; by the following
roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, McGill, Sondhi
NOES: 0 COUNCIL MEMBERS: None and Piercy
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS