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HomeMy WebLinkAbout09/28/1999hmber 28, 1999 epte Copies of staff reports or other written documentation relating to agenda items are on file in the Plannil I Division of the Dept. of Community & Development Services� located at 21660 E. Copley Drive, Suite 19 an•are available for public inspection. If you have questionr s regading an agenda item d, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909),396-5676 a minimum of 72 hours prior to the scheduled meeting. FMW�� Pfease refrain frmn =wking, eating or drinking in the Auditorium Ww city of Mmond Bar uses recycfed papef and en=rages you to do the same. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Commission. ln accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergenct or when a subject matter arises subsequest to the posting of the agenda, upon making certain findings, the Conunission may act on item that is not on the posted agenda. I NFORMATION RELATINGMG-ALE—NDAS AND AfJLQNLQETHEEpHMLUM A 2endas for Dianiond Bar Planning Corrunission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Ca mm%�— �AM-n-rigmse'Ve ta*es u W -I VSS-IT-'IL'r9!-q 11 AIIIIII, ' - --- W-YCA U11 mo I ity Impairments Wlio cannot access:! -ie public speaking area. The service of the cordless microphone and sip language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909)396-5676 between 8:00a.m. and 5:00p.m. Monday through Friday. HELPFUL WQNE MMpEU Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LM General Agendas (909) 396-5676 email: info&i.diamond-bar.cams -10- Z! fly 01 WM- Next Resolution No. 99-22 ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice Chairman Steve Nelson, George Kuo, Joe McManus and Joe Ruzicka. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secr-'---- (Completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman INIT—W The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes: September 14, 1999 5. OLD BUSINESS: NoCT 6.1 Citation Authority Ordinance — Presentation of Draft Code Enforcement Policy on Civil Citation Procedures September 28, 1999 Page 2 10.1 Development Code Amendments — Status Report 10.2 Housing Element — Status Report 10.3 Public Hearing dates for future projects 11. SCHEDULE OF FUTURE EVENTS: SMALL BUSINESS SEMINAR IN CONJUNCTION WITH THE DIAMOND BAR CHAMBER OF COMMERCE: .UEETWG: 1W11,51 MEETING: (UM"MR11'al 111KIKINIFIR&R-3-1 Is COMMITTEE: g:\\agenda\planning\septeniber28 1999 Fourth Tuesday of each month through November 1999 AQMD, CC6, Wednesday, September 29, 1999 - 6:00 P.M. AQMD, 21865 E. Copley Drive 11 'A I Mo I.. - Tuesday, October 12, 1999 — 7:00 P.M. AQMD Auditorium, 21865 E. Copley Drive gall &I a . =4' 4 1 Ifrurn, We, wMawsama-ma I RM September 28, 1999, PC Agenda MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION . SEPTEMBER 1, 1999 . I - Chairman Tye called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Nelson. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson and Commissioners George Kuo, Joe McManus, and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As -presented.' CONSENT CALENDAR:. 1. Minutes of August 24, 1999. C/Ruzicka moved, C/McManus seconded, to approve the minutes, of August 24,1999, as Motion carried 4-0-1 with Chair/Tye abstng. 1. Development Review No. 99®7 (pursuant to Code Sections 22.48.020) is a request to operate a restaurant within an existing 1,190 square foot retail shopping center suite. PROPERTY ADDRESS: 23545 Palomino Drive, Suite F Diamond Bar, CA 91765 PLIC Arnold F Diamond 12383 Lewis Street Garden Grove, 4i Fred Degroot 347 San Leandro Drive KIM DSA/Joe presented staff s report. Staff rec ornmendsthat the Planningi f approve Review 99-7, r of Fact, and conditions ofa o..f listed� Chair/Tye opened the public hearing. There was no one present who wished to speak on this item. Chair/Tye Following commission discussion regarding, pwking, -ymVAs*4 C/Ruzicka moved, VC/Nelson seconded, to approve Development Review No. 99-7, Findings of Fact, and conditions of approval as listed 'within the resolution subject to the foll6wing amendm ; ent: Condition (c) on Page 6 shall read as follows: "Hours of operation shall be between 11:00 a.m. and 9:30 p.m., Sunday through !v.Motion 1 by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye COMMISSIONERS: No' ABSENT: COMMISSIONERS: None PLANNING C SSI N COMMENTS: None, r v • � � r.-" ! � +�.�.. 1 . M r f r �" • r. �" •: ..��,„ r. .� '�; f �' � •... .1.o- z evening. As listed in the agenda. SEPTEMBER 14, 1999 PAGE 3 N2. C/Ruzicka moved, Chair/Tye seconded, to adjourn the meeting. There f»= «# further business to come before t Planning Commission, Chair/Tye adjourned the meeting at 7:45 p.m. i �= �M James De§iefin-a #1#y»City Manager Steve Tye Chairman CITY OF DIAMOND BAR J` TO: Chairman and Planning Commissioners F James eStefano, Deputy City Manager 1 ti Planning Commission.gd. Item .1 — Citation AuthorityOrdinance Presentation of Draft Code Enforcement Policy on Civil Citation Procedures LCATE: September WMITITMj ... In June 1999, the City Council began an examination of our Code Enforcement policies. The Council's desire is to focus more attention on code enforcement activities. A City Council Subcommittee was formed thereafter to examine current policy and procedure and to suggest modifications where appropriate. The City Council Subcommittee members (Mayor Chang and Mayor Pro Tem O'Connor) have met with City Staff to discuss policies and procedures. The Subcommittee is recommending the City take a proactive position. In addition, it is suggested that the use of Citation Authority be employed as a tool to accelerate the compliance process. Staff and the Subcommittee have prepared the attached Draft Civil Citation Procedures manual, for your information. The City Attorney is currently reviewing the Draft. In addition, City Council is tentatively scheduled to discuss the matter at their regular meeting on October 5, 1999. This matter is being presented to the Commission as an informational item. Your questions, comments, and observations, are welcomed. Staff will discuss this matter in greater detail at the upcoming Planning Commission meeting. Attachments w� �� �. � �. �_ vi � � �_ ,� � r� rw � � # � D CIVIL CITATION PROCEDURES SEPTEMBER 1999 SECTION 1 ® GOVERNING STATUTE 1.1 GENERAL PURPOSE 1.2 AUTHORITY 1.3 CIVIL CITATION INFORMATION 1.4 AMOUNT OF FINES 1.5 PAYMENT OF THE FINE SECTION 2 - THE HEARING PROCESS 2.1 HEARING REQUEST 2.2 GENERAL APPROACH TO HEARING 2.3 EVIDENCE REQUIRED TO SUSTAIN THE CITY'S CASE 2.4 EXAMINING THE CITATION TO ESTABLISH PRIMA FACIE CASE 2.5 THE CONTESTING P CASE 2.6 THE DECISION 2.7 LATE PENALTIES 2.8 DISMISSAL OF LATE PENALTIES 2.9 FINE AMOUNTS 2.10 PRIOR DISMISSALS/PRECEDENCE 2.11 PRIOR HISTORY OF VIOLATIONS 2.12 DUPLICATE CITATIONS 14LIFAllre1y 104,061'al'uAls 141,91 SECTION 3 - HEARING PROCEDURES 3.1 PRE -HEARING PROCEDURES 3.2 BEGIN THE HEARING L SEPTEMBER 1999 3.3 REVIEW THE PRIMA FACIE CASE 3.4 IF THE PLEA IS: "ADMIT LIABILITY WITH EXPLANATION" 3.5 IF THE PLEA IS: "DENY LIABILITT' 3.6 CLOSE THE HEARING 3.7 RENDER A DECISION 3.8 SUMMARY OF HEARING OFFICERS MAJOR TASKS 3.9 SPECIAL SITUATIONS 3.10 WAIVER OF FINE DEPOSIT 3.11 GUIDELINES FOR ACCEPTING PAYMENT PLANS 3.12 SUMMARY OF HEARING PROCESS SECTION 4 - CONTINUANCES 4.1 PRE -HEARING CONTINUANCES 4.2 CONTINUANCES FOR FURTHER PROOF AFTER HEARING COMMENCES 4.3 OTHER CONTINUANCES 4.4 PROCEDURE FOR RECORDING CONTINUANCES SECTION 5 - RIGHT TO JUDICIAL REVIEW 5.1 APPEALS SEPTEMBER 1999 APPENDIX I - CIVIL CITATIONS ORDINANCE (#99 -XX) APPENDIX II - CIVIL FINES AND PENALTIES RESOLUTION (#99 -XX) APPENDIX III - SAMPLE CIVIL CITATION APPENDIX IV - FINE DEPOSIT HARDSHIP WAIVER REQUEST FORM APPENDIX V o ADMINISTRATIVE HEARING REQUEST FORM APPENDIX VI - ADMINISTRATIVE HEARING DISPOSITION FORM D In October 1999, the City Council approved the Civil Citation Ordinance (No. 99 -XX) which establishes an alternative enforcement tool. The Ordinance allows Municipal Code violations to be processed in a civil manner, thereby providing an efficient code enforcement process and reducing the necessity of a criminal prosecution. 1.2 AUTHORITY Chapter 1.05 of the Diamond Bar Municipal Code, enacted by the Diamond Bar Council through Ordinance No. 99 -XX, establishes general provisions and regulations providing for a civil citation process to adjudicate violations of the City code. A sample of a civil citation is provided in the Appendix. The following guidelines are provided concerning the issuance and the content of administrative citations: A. Whenever an Enforcement Official, as defined by Section 1.05.020 of Ordinance No. 99 - XX, determines that a violation of that provision has occurred, the Enforcement Official shall have the authority to issue a Civil Citation to any person responsible for the violation. B. Each Civil Citation shall contain the following information: Name of the Citee who is charged as a responsible person for the violation. 2. Date or dates on which the violation existed for which a fine is being charged. 3. Municipal Code section (or sections) violated. 4. Address where the violation occurred. 5. Description of the violation. 6. Amount of the fine for the violation and how to pay the fine and avoid -a late payment penalty. 7. Place for indicating Notice of Non -Correction of a continuing violation and date of notice. 1 M R * 19 • .•. 3. The procedure for requesting an administrative hearing on the violation. 9. Notice that the violation is a nuisance and that collection of unpaid fines and/or nuisance abatement costs can be enforced as an assessment or lien against the property where the violation occurs and that unpaid assessments can result in the property being sold after three years by the County Assessor. Assessments and liens for the fine can be contested at an administrative hearing. 10. Name of the Enforcement Official issuing the citation. A. The amounts of the fines for Code violations imposed pursuant to this Chapter shall be set forth in the Schedule of Fines and Penalties established by Resolution of the City Council. B. The Schedule of Fines and Penalties shall specify any increased fines for repeat violations of the same Code provision by the same person within one year from the date of a Civil Citation. C. The Schedule of Fines and Penalties shall specify the amount of any late payment charges imposed for the payment of a fine after its due date. A. The fine shall be paid to the City within thirty (30) days from the date of the Civil Citation or Notice for Non -Correction. B. Any Civil Citation fine paid pursuant to subsection A, shall be refunded in .accordance with Section 1.05.140 of Ordinance No. 99 -XX if it is determined, after a hearing, that the person charged in the Civil Citation was not responsible for the violation or that there was no violation as charged in the Civil Citation. C. Payment of a fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the Civil Citation. 1 CTV11L CITATION PROCEDURES •,•• A. Any recipient of a Civil Citation may contest that there was a violation of the Code or that he or she is the responsible party by completing an Administrative Hearing Request Form and returning it to the City within thirty (30) days from the date of the Civil Citation, together with an advance deposit of the fine, unless waived pursuant to Section 1.05.030 of Ordinance No. 99 - XX. Ft. A Request for Hearing Form may be obtained ' Civil Cit,9tiWJL. C. The person requestingthe hearing shallbe notified of • and place setfor the hearing at least ten (10) days prior to the date of the hearing. D. If the Enforcement Officer submits an additional written report concerning the Civil Citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be given to the person requesting the hearing. A. Informality of the Hearing The hearing is an informal proceeding in that the strict rules of evidence applicable in a court trial do not apply. The Hearing Officer should make clear to the contesting party that the hearing is not being conducted under the strict rules of evidence. Despite the relative informality, each hearing is recorded on tape so that a record of the proceeding is preserved. The final decision in a hearing should be rendered in writing to the contesting party using the designated form. E. The Role of the Bearing Officer The Hearing Officer has the following responsibilities: 2. Examine the citation for any defects. including3. Listen to the contesting party's testimony, consider all evidence received, discrepancies 4. Question the contesting party, and any witnesses, to determine the credibility of their claims and authenticity of any documents presented. 5. Allow for cross examination by any Enforcement Official or other City representative. It is essential that a Hearing Officer remain independent and impartial. The Hearing Officer does not "represent" the City in a hearing but rather "conducts" the hearings and renders a decision in accordance with the rules, regulations, and policies and procedures established by applicable laws. The Civil Citation Ordinance provides that a properly completed Civil Citation is prima facie evidence of a violation. What this means is that once a citation is determined to be properly completed, a prima facie case is established that the violation occurred. An enforcement officer is not required to appear at the hearing. If the contesting party wishes to successfully contest the allegations contained in a Civil Citation, the contesting party must present a preponderance of credible evidence as weighed against the prima facie case. A preponderance of evidence is evidence of gxeat®r weight when weighed against the evidence opposing it, and has more convincing force or a greater probability of truth. The contesting party must establish an affirmative defense or a preponderance of credible evidence as measured against the City's prima facie case. 1 The City's case, depending on the Municipal Code Section cited, generally is limited to the production of a copy (or computer printout) of the citation and supporting documents. When a hearing commences, the Hearing Officer should first examine the citation. Every civil citation is to contain the information required under Section 1.05.040 of Ordinance No. 99 -XX. Once the prima facie case has been established, the contesting party may present his or her case. A. The Contesting Party's Defense Generally, the Hearing Officer should simply let the contesting party present all of his/her testimony. The Hearing Officer must afford the contesting party a fair opportunity to establish his/her defense. The Hearing Officer must always avoid prejudging the case, remaining open-minded and attentive. It is important to hear and endeavor to understand what the contesting party is saying. When a contesting party has difficulty communicating in the English language, the Hearing Officer shall attempt to secure the services of a translator, the selection of whom shall be amenable to both the contesting party and the City. Special arrangements shall be made when a contesting party's hearing or vision is severely impaired or other physical disability exists. The Hearing Officer should allow the contesting party to call as many witnesses as are reasonably needed to substantiate his/her explanation. The Hearing Officer should listen to the testimony of each witness and question as necessary. However, the Hearing Officer should use discretion to limit the testimony and/or number of witnesses on the basis of redundancy or irrelevancy of the information. While a witness is testifying, other witnesses must wait outside the hearing room until called. C. The Contesting Party's Documents The contesting party may submit any relevant documents. Each document must be retained by the Hearing Officer as part of the hearing record. While a contesting party may present any relevant documentary evidence, the Hearing Officer must attempt to determine the authenticity and the amount of credibility assigned to the. documents. A copy of any document submitted must be retained in the file. It constitutes a part of the record for purposes of a possible appeal. For the documents that the contesting party must retain, a complete copy should also be made for the official file. If the contesting party wishes to withdraw an item from evidence, the Hearing Officer should explain the possible consequence to the defense and that the document might not be subsequently accepted by an appeal to civil court. If the contesting party persists, be certain that the contesting party states on the record the exact items that are being withdrawn and that the contesting party is withdrawing the items of their own volition. As a matter of routine practice, the Hearing Officer should read into the record any evidence submitted, or describe any items or objects (such as pictures, charts, invoices, etc.) No case should be continued solely because the contesting Darty failed to bring all of the available documents that may be pertinent to the hearing. 2.6 THE DECISION new"Ic-aff -#--Tfmgj t -ence, a ruling muswl be made. The facts, as determined by the Hearing Officer, must be applied to t specific Municipal Code section(s) cited. The Hearing Officer must determi I whether the contesting party has overcome the City's prima facie case establishing a sufficient defense by a preponderance of the evidence. If the contesting party proves the defense to the Bearing Officer's satisfaction, the citation would be dismissed. If the contesting party has not presented a credible defense, the contesting party must be found liable and pay the fine. Either the contesting party has adequately proven a defense or the defense has failed. A contesting party found liable must pay the fine. The Bearing Officer must set out a fine payment schedule for those who previously obtained fine deposit hardship waivers. Normally, the Bearing Officer will not leave the hearing room while deliberating. The, blearing Officer's decision is final for the administrative hearing. A written notification of the Hearing Officer's decision will be either given to the contesting party at the end of the hearing or mailed to the contesting party within 21 days of the hearing. B. Rationale for the Finding The Hearing Officer's decision and reason for the decision should be documented on the Administration Disposition Hearing Form. This document together with the evidence package should be returned to the Code Enforcement Section. Any fine amount imposed pursuant to Chapter 1.05.050 of Ordinance No. 99 -XX and Resolution No. 99 -XX shall be deemed late if it is not paid in accordance with the terms and provisions of Chapter 1.05.160. Any person who fails to pay to the City the amount of any fine imposed pursuant to the provisions of Chapter 1.05.050 of Ordinance 99 -XX and Resolution leo. 99 -XX on or before the date that fine amount is due shall be liable for the payment of an additional late payment penalty. The blearing Officer has the authority to dismiss late penalties which have accrued, but onl in the case that the contesting party has demonstrated by a preponderance of evidence that he or she did not have notice of the violation (e.g., did not receive the original citation). If the citation reflected an incorrect fine, or if the money paid was not enough to fully satisfy the fine, the possibility of confusion may be considered as justification for waiving a delinquency penalty. The situation is much more complicated when the contesting party claims that notices went to the wrong address. If the contesting party adequately demonstrates that a lack of notice under these circumstances precluded timely payment, late penalties may be dismissed, but only when the contestin party also establishes that the original co of the citation was not received. The Hearing Officer should be wary of the contesting party who claims not to have seen or received the original citation(s). When such a claim is advanced, the blearing Officer must assess the contesting party's credibility and powers of recollection. Other situations that the Hearing Officer may encounter include: 1. A lack of funds does not preclude responding in a timely manner. It should be remembered that anyone who is issued a citation is held responsible for paying the fine or contesting the citation in a timely manner. A person who cannot afford advance deposit of the fine can apply for hardship waiver of the fine deposit. 2. A lost citation is not sufficient to mitigate a late payment penalty. 3. A statement that the contesting party did not realize liability would increase because he/she responded after the due date may not be accepted for any reduction of the amount due. 4. If a citation is dismissed or the contesting party is found not liable, no delinquency penalty shall be imposed, regardless of the fact that there may have been lateness in the contesting party's response. 5. The best proof of payment is a canceled check, money order, or cashier's receipt, all of which should contain the number of the citation claimed to have been paid. The Hearing Officer does not have the authority to ad iust thea Dunt of fine for a violation. Fine amounts are set only by the City of Diamond Bar pursuant to Resolution No. 99 -XX. The fact that the same type of violation may "cost" a different amount depending on the month and year that the citation was issued does not give a Bearing Officer the authority to adjust fine amounts to achieve "uniformity." The violator must be charged the fine amount authorized by the City at the time the citation was issued. However, if the citation reflected an incorrect fine amount, the possibility that the contesting party was confused should be given considerable weight when reviewing the appropriateness of suspending a delinquency penalty. VMS IM V MUM JL has been previously dismissed. Such a case should be dismissed. F. PROCEDURESIC ► 1999 With the exception of a prior dismissal of a particular citation, however, a prior decision on a different citation (by any Bearing Officer) does not have the force of precedence, even if the earlier decision was for the same type of violation and under very similar circumstances. Regardless of prior rulings, the hearing Officer must consider each case on its own merits. A prior dismissal may, after all, have resulted from an error or been based on a subjective judgement of credibility and/or an analysis of the evidence with which another hearing Officer might not agree. The fact that an individual has received other (or similar) citations in the past, or has conceded the validity of prior citations by making payment, or appealed prior citations, should not be used as a basis to conclude that the contesting party is "liable" in subsequent hearings. The existence of other citations may be relevant to the issue of notice (i.e., an earlier citation at the same location for the same type of violation may weaken a responding party's contention that he/she was unaware of the code requirements). It is the policy of the City of Diamond Bar to dismiss a citation for a non -egregious offense if another citation was issued at the same location, for the same violation, on the same calendar day of the first citation. The purpose of this section is to provide the hearing Officer(s) and the department issuing the citation with guidelines and procedures for scheduling and conducting the hearing. A. The Code Enforcement Section will prepare a file for each case to be heard. The file must contain a copy of the citation(s) contested and a hearing disposition form. B. Upon the contesting party's arrival, the hearing Officer will verify the contesting party's name and the citation number with information provided and note the date, time, and location of the hearing. C. The hearing officer will provide the contesting party a brief description of the hearing process and of his/her rights and responsibilities. A. Start the tape recorder and inform the contesting party of this action. CIVIL CrFATION PROCEDURES SEPTEM13ER 1999 B. State the date and time and instruct the contesting party to give his/her name and address for the record. C. Ask the contesting party if he/she is the owner of the location where the violation occurred. If not, ask him/her to state their relationship to the owner or interest in the proceeding. D. . presentask them . give their name . • address E. Have the contesting party and witness recite the following oath: "Do you affirm, under penalty of perjury, that the testimony you give will be the truth?" If yes, please say, "I do." F. -Excuse all witnesses and inform there that they will be recalled when it is their turn to testify. G. Read the citation number, date, time, location and type of violation . record. H. Request that the contesting party "admit liability with explanation" or "deny liability" for the record. A. Examine the citation to determine if the statutorily required and pertinent information has been entered by the issuing officer. B. If any vital information is missing, dismiss the citation. C. If no required information is missing, follow steps outlined in 3.4 for a plea of "admit liability with explanation" or follow steps outlined in 3.5 for a plea of "deny liability." A. If the contesting party admits liability but desires to submit a mitigating explanation, ask the contesting party to testify, to the mitigating circumstances. B. Following the testimony, ask the contesting party for the record if there is any additional testimony or evidence he/she wishes to present. C. If the testimony does not clearly set forth the mitigating circumstance, ask the contesting party questions relating to the testimony. D. Call in witnesses, if needed, one by one. Ask the witnesses to present their testimony for the record. CIVIL CITATION PROCEDURES SEPTEMBER 1999 E. Review all documents and other supporting evidence. For the record, read aloud or describe any documents presented. Place copies of all documentation or other supporting evidence in the case file. F. Ask the contesting party if there is any further testimony prior to closing the hearing. A. Ask the contesting party to present his or her testimony explaining the circumstances of the violation. B. Listen very carefully to the contesting party's testimony. If necessary, question the contesting party to clarify points relating to the issuance of the citation. Following the testimony, ask the contesting party for the record if there is any additional testimony or evidence he/she wishes to present. C. Call in witnesses, one by one. Ask the witnesses to present their testimony for the record. D. Review all documents and other supporting evidence. For the record, read aloud or describe any documents presented. Place copies of all documentation or other supporting evidence in the case file. E. Ask the contesting party if there is any further testimony or evidence prior to closing the hearing. A. If the Hearing Officer is ready to render a decision, a verbal decision should be 'tape recorded. B. Retain the hearing disposition form and close the hearing. C. Turn off the recorder and inform the contesting party of this action. A. Make a decision on liability based on the testimony and evidence. B. Enter the disposition on the hearing decision form. Enter the total amount of fine, if any, to be paid. If a hardship waiver was issued, and the citation is upheld, define a payment schedule. C. Enter a brief written statement including the reasons for the decision on the [41W I W41W.11 N MOWN NualWAID-OW 1440'��$ W, hearing decision form. If the citation contained different events, indicate which events are dismissed or upheld. D. The form with the decision will be either hand delivered or mailed to the responsible party. ® Read the citation into the record. ® Administer the oath. Record the name and address of the responsible party and the contesting party's relationship to the responsible party. ® Hear and examine the contesting party, any witnesses and all the evidence. ® Render a written decision including rationale for the findings. A. The Represented Contesting Party An appearance may be made for the contesting party. This party may be a co- owner (business partner, spouse), competent family member, legal guardian (for either a minor or elderly citee), executor of estate, property manager, or attorney. The oath should be administered to the representative or agent in the same manner as it would be administered to the responsible party. B. Ethical Guidelines If at any time a Hearing Officer is confronted with a contesting party, either property owner or representative, and the Hearing Officer believes that there may be bias for or against, the Hearing Officer should disqualify himself or herself. If at any time, an approach is made by any person, including someone connected with the City, that, either directly or by implication, attempts to influence the Hearing Officer's decisions, the situation must immediately be brought to the attention of the City Manager. 11 MUT11 71�111 I I I J 11 I a U15 1f1: •M arrange, or agree that any particular contesting party appear before any particular Hearing Officer. Any such request or suggestion shall be immediately reported to the City Manager. Failure to report such a suggestion or arrangement may constitute grounds for contractual, legal or disciplinary action against all parties withholding such knowledge. Section 1.05.070 of Ordinance No. 99 -XX requires that a request for hearing be preceded by depositing the full amount of the fine with the City. A contesting party may request a waiver of this requirement by filing a Fine Deposit Hardship Waiver Form and submitting a written declaration of financial condition. The request for waiver must be requested by the responsible party within ten (10) days of the citation date and will be considered by the Hearing Officer prior to the hearing being scheduled. If the waiver is granted, the case will be set for hearing and the contesting party notified. If the contesting party is found not to be liable, no further action is necessary. If the contesting party is found liable, however, payment arrangements must be made with the Hearing Officer at the time of the hearing. If the request for waiver is denied, the contesting party will be notified prior to the hearing date. �111. 4 `ti Whenever possible, it is recommended to collect the payment in full. It is recognized that collecting the payment in full is not always possible. B. Advise the Responsible Party of all Options Available for Payment ® Pay by credit card Determine if they have any other assets that might be liquid enough to turn into cash ® Savings accounts: Regular, Christmas Club Accounts or Time Deposits ® Stocks or bonds C. Recommended Guidelines for Terms of a Payment Agreement $100.00 Pay in A 200.00 2 Monthly Paymenin CIVIL CITATIOA PROCEDURES SEPTEMBER 1999 500.00 - 3 Monthly Payments The above are guidelines only. Payment arrangements can be made where the term of the arrangement can be paid sooner. Also, depending on the circumstances, payment schedules can be longer. v Administrative Bearing Request Forms are available from the Code Enforcement Section. Staff sends out Administrative Hearing Request Forms, as well as information on the hearing process, to citizens upon request. The Code Enforcement Section receives the request for hearing and verifies if submitted within the proper period. If the request has not been received within the proper period, staff advises the citizen it was not received in time and a hearing is not scheduled. Staff advises the violator that payment is due within thirty (30) days of the citation date. If the request is received in time, staff checks that the deposit and/or waiver request is submitted within the proper period. If no deposit or waiver request is submitted within the proper time, no hearing is scheduled. If all information is received within the required time, staff updates the records to reflect this fact. If the request for hearing and required payment or waiver is received within the required time, then the Code Enforcement Section schedules the hearing. The Code Enforcement Section also: ® Coordinates activities and submittal with the Bearing Officer. ® Sends notification of hearing to citizen with hearing date, location, and information on hearing process. ® Receives copy of completed Disposition Form from Bearing Officer and reviews the decision. Sends Disposition Form to citizen and updates records. If citation is upheld and involves waiver issues, reviews the payment schedule for fine. If citation is dismissed, updates records and returns deposit within thirty (30) days. Wo M-1 ffwj_F��• After reminding contesting parties of their right to present evidence, and under appropriate circumstances, a continuance may be granted to those requesting such action for the first time. Hearing Officers should not engage in a "pre -hearing" to decide this. If there is doubt, grant the continuance, Relevant considerations are: a. The reason(s) the contesting party cannot produce evidence or otherwise adequately state a case at the time of the hearing; b. The likelihood that a continuance will result in the production of significant relevant evidence; and C. The sincerity and credibility of the contesting party. m-,, M!"M 1111 Continuances should be granted only under the following circumstances: a. There exists evidence which would be non -cumulative; and b. The contesting party was genuinely taken by surprise. This last requirement rules out all contesting parties except those whom you determine genuinely misunderstood the nature of the hearing, or if they understood, were not then aware of the existence or availability of the evidence until they were already in the hearing. A continuance is not to be given to anyone who should have understood the opening instructions and could have requested a continuance then, even if he or she did not realize that the evidence he or she failed to bring could have helped the contesting party's case. The instructions on the citation and the opening instructions for the hearing are adequate prior notice of the nature of the hearing. Should the contesting party or a witness become ill during a hearing or another emergency delay the hearing, the Hearing Officer may grant a continuance or re- schedule the hearing. Continuances of matters heard on a citation should be granted for no more than ten (10) calendar days unless the contesting party proves that he or she will be out of town, hospitalized or otherwise unable to appear. In this case, a longer period of time may be granted. The matter should be logged and the continuance notation written on the hearing disposition form. Both the appearance date and the continuance date should be written on the form. The information required must also be recorded on the tape of the hearing. Contesting parties should be warned that failure to appear on the continued date may result in late penalties being assessed and a judgment taken by default for the full amount of the fine. When a hearing is re -opened, the proceedings must be recorded on tape, whether the contesting party has returned or not. The information must also be added to the Bearing Officer disposition form. In those cases in which the contesting party does not return as scheduled, the Hearing Officer should see that copies of the completed disposition form are mailed to the contesting party's address. Whenever any continuance is closed, the action must be logged in the file. The decision of the Hearing Officer is the final step in the civil citation process. The Citee may seek judicial review of the administrative hearing decision by filing an appeal with the municipal court within 20 calendar days after the Citee receives the decision at the conclusion of the hearing, or if the decision is not made at the end of the hearing, within 20 days after the date the decision is served on him or her in accordance with the provisions of California Government Code Section 53069.4. f . i 01 01113 IfIll—muslik"AW13 t � ... <. WHEREAS, ***** WHEREAS, ***** =1; Ir 11 1 ffVVY11I i I ORDAIN AS FOLLOWS: SECTION 1. The City of Diamond Ear Municipal Code is hereby amended by adding Chapter 1.05 to read as follows: Section 1.05.010. Scope of Enforcement. This Chapter makes any violation of the provisions of this Municipal Code subject to civil fine. The City has sole discretion to determine whether a violation will be prosecuted criminally. If a violation is not criminally prosecuted, the City may proceed with administrative proceedings pursuant to this Chapter. Section 1.05.020. Definitions. The following words and phrases, when used in the context of this Chapter, shall have the following meanings: (a). Enforcement Official — A person designated by the City Manager as an Enforcement Official or any member of the Sheriff's Department who is authorized to enforce the provisions of the Diamond Ear Municipal Code. (b). Illegal Interest - Any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgement, lien, tax or assessment lien or other similar instrument, which is recorded with the County Recorder. (c). Responsible Person — Any person whom an Enforcement Official determines is responsible for causing or maintaining a violation of the Code. The term "Responsible Person" includes, but is not limited to, a property owner, tenant, person with a Illegal Interest in real property, or person in possession of real property. Section 1.05.030. Administrative Citation. Any person violating any section of this Code that is subject to this Chapter may be issued an administrative citation by an Enforcement Official as provided in this Chapter. After thirty calendar days, the Enforcement Official may distribute subsequent citations. Section 1.05.040. Content of Adudnistrative Citation. An administrative citation shall contain all of the following information: (a) The date and location of the violation and the approximate time the violation was observed. (b) The Code section violated and a description of how the section was violated. (c) The amount of the fine imposed for the violation, and where and when the fine shall be paid. (d) An order prohibiting another occurrence of the Code violation. (e) A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a Request for Hearing Form to contest the administrative citation. (f) The name and signature of the citing Enforcement Official. Section 1.05.040 Procedure for Serving Administrative Citation. An Enforcement Official may issue an administrative citation, on a form approved by the City Manager, to a Responsible Person, as follows: (a) If the Responsible Person is a corporation, the Enforcement Official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice- president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above listed individuals is known to the City, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice shall be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (b) If the Responsible Person is a business other than a corporation, the Enforcement Official shall attempt to locate the business owner and issue the business owner an administrative citation. If the Enforcement Official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a Responsible Person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. if a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (c) The Enforcement Official shall attempt to obtain on the administrative citation the signature of the Responsible Person, or in cases in which the Responsible Person is a corporation or business, the signature of the person served with the administrative citation. If a Responsible Person or person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings. (d) If the Enforcement Official is unable to locate a Responsible Person for the violation, the administrative citation shall be mailed to the Responsible Person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (e) If the Enforcement Official does not succeed in serving the Responsible Person personally, or by certified mail or regular mail, the Enforcement Official shall post the administrative citation on any real property within the City in which the City has knowledge that the Responsible Person has a Legal Interest, and such posting shall be deemed effective service. (f) If the Enforcement Official does not succeed in serving the Responsible Person personally, by certified mail or regular mail, and the City is not aware that the Responsible Person has a Legal Interest in any real property within the City, the Enforcement Official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published at least once a week. Section 1.05.050 Administrative Fine. The fine imposed pursuant to this Article for a particular violation shall be in the amount set forth in the Schedule of Fines and Penalties established by Resolution of the City Council. The Schedule of Fines and Penalties shall specify the amount of any late payment charges imposed for failure to pay the fine by the due date. Section 1.05.060 Payment of Administrative Fine. The administrative fine shall be paid to the City within thirty (30) days from the date of service of the administrative citation. If, after a hearing requested pursuant to Section 1.05.070, the Hearing Officer determines that the administrative citation should be canceled, the administrative fine shall be refunded. Section 1.05.070. Request for Adndnistrative Hearing. Any Responsible Person to whom an administrative citation is issued may contest the citation no later than thirty (3 0) days from the date of service of the administrative citation by (1) completing a Request for Hearing Form and returning it to the City; and (2) either depositing the administrative fine with the City or providing notice that a request for an Advance Deposit Hardship Waiver has been filed pursuant to Section 1.05.080. A Request for Hearing Form may be obtained from the department specified on the administrative citation. The person requesting the hearing shall be notified by certified mail, return receipt requested, of the time and place of the hearing at least ten (10) days before the date of the hearing. Any documentation, other than the administrative citation, which the Enforcement Official has submitted or will submit to the Hearing Officer shall be served on the person requesting the hearing by certified mail, return receipt requested, at least five (5) days before the date of the hearing. Section 1.05.080. Advance Hardship Waiver Deposit. Any Responsible Person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as required in Section 1.05.060. may file a request for an Advance Deposit Hardship Waiver. The request shall be filed with the Development Services Division on an Advance Deposit Hardship Waiver application form, available from the department, no later than ten (10) days after service of the administrative citation. The City Manager or his/her Designee may issue an Advance Deposit Hardship Waiver only if the person requesting the waiver submits to the City Manager or his/her Designee a sworn affidavit, together with any supporting documents, demonstrating to the 'satisfaction of the City Manager or his/her Designee the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. The City Manager or his/her Designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by certified mail, return receipt requested. If the City Manager or his/her Designee determines that the waiver is not warranted, the person shall remit the full amount of the fine to the City within ten (10) days of receipt of the City Manager or his/her Designee's written decision. Section 1.05.090. Time for Administrative Hearing. Only after a Request for Hearing Form is filed, and the Responsible Person requesting the hearing has either deposited the administrative fine in full or obtained an Advance Deposit Hardship Waiver, shall the City set the date and time for the Administrative Hearing. The hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days after the Request for Hearing Form is filed, and the administrative fine is deposited with the City or an Advance Deposit Hardship Waiver is issued. The City shall send notice of the date, time, and place of the hearing to the person requesting the hearing by certified mail, return receipt requested at least ten (10) days before the date of the hearing. Section 1.05.100° Request for Continuance of Hearing. The Responsible Person requesting a hearing may request one continuance, but in no event may the hearing begin later than ninety (90) days after the Request for Hearing Form is filed, and the administrative fine is deposited with the City or an Advance Deposit Hardship Waiver is issued. Section 1.05.110. Appointment of Administrative Hearing Officer. The City Manager shall select an Administrative Hearing Officer. The Hearing Officer may be, without limitation, a member of the staff of the department through which the administrative fine was issued, or the Planning Commission shall be selected as the Administrative Hearing Officer. In no event shall the Enforcement Official who issued the administrative citation be the Administrative Hearing Officer. Section 1.05.120. Procedures at Administrative Hearing. Administrative Hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an Administrative Hearing to establish a violation of the City Code. The administrative citation and any additional reports submitted by the Enforcement Official shall constitute prima facie evidence of the facts contained in those documents. The Administrative Hearing Officer must use a preponderance of evidence as the standard of evidence in deciding the issues. Section 1.05.130. Failure to Attend Administrative Hearing. If the Responsible Person fails to attend the scheduled hearing, the hearing will proceed without the Responsible Person, and he/ she will be deemed to have waived his/her right to an Administrative Hearing. Notwithstanding this waiver and the time limits set forth in Section 1.05.090. If service of the Administrative Hearing is made by posting the citation on real property within the City in which the Responsible Person has a Legal Interest, and the Responsible Person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the Responsible Person's failure to attend the scheduled hearing, the Responsible Person shall be entitled to an Administrative Hearing. Section 1.05.140. Decision of Adniinistrative Hearing Officer. No later than thirty (30) days after the date on which the Administrative Hearing concludes, the Administrative Hearing Officer shall issue a written decision to uphold or cancel the administrative citation. The Administrative Hearing Officer shall set forth the reasons for the decision. The decision shall be served upon the Responsible Person by the applicable method set forth in Section 1.05.040. If the Administrative Hearing Officer upholds the administrative citation, the City shall retain the fine deposited by the Responsible Person. If the Administrative Hearing Officer upholds the administrative citation and the fine has not been deposited pursuant to an Advance Deposit Hardship Waiver, the Administrative Hearing Officer shall specify in the decision a payment schedule for the fine. If the Administrative Hearing Officer cancels the administrative citation, any fine deposited with the City shall be promptly refunded. The Administrative Hearing Officer's written decision is final, and shall notify the Responsible Person of his/her right to appeal as provided in Section 1.05.150. Section 1.05.150. Appeal of Decision of Administrative Hearing Officer. Within twenty (20) days afterservice of the decision of the Administrative Hearing Officer upon the Responsible Person, he/she may seek review of the decision by filing a notice of appeal with the municipal court. The Responsible Person shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the Responsible Person fails to timely file a notice of appeal, the Administrative Hearing Officer's decision shall be deemed confirmed. Section 1.05.160. Late Payment Charges. Any person who fails to pay to the City on or before the due date an administrative fine imposed pursuant to the provisions of this Chapter, shall be liable for the payment of any applicable late payment charges set forth in the Schedule of Pines and Penalties established by Resolution of the City Council. Section 1°05.170° Collection of Administrative Fine. The City may collect any past -due administrative fine or late payment charges by use of any available legal means. Section 1.05.180. Failure to Pay Administrative Fine. Failure to pay an administrative fine is a misdemeanor. Filing a criminal misdemeanor action does not preclude the City from using any other legal remedy available to gain compliance with the Administrative Order. t1, The City Clerk is directed to certify to the passage and adoption of the Ordinance and to cause it to be published or posted as required by law. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. APPROVED AND ADOPTED this day of •• I, Lynda Burgess, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar California, held on the _day of , 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the day of 1999, by the following vote: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar � .�• F +. .. �. w 1 a _ _ ,,.. � .�. .� „ ,,.. � ,. „ ,_ �,. �. , .. .w _ � �. < , , z „ 'am 6,1011 W Ilk, WHEREAS, on *****, the City Council of the City of Diamond Bar adopted an Ordinance establishing administrative procedures and penalties for certain violations of the City of Diamond Bar Municipal Code; and WHEREAS, said Ordinance provides for a fine to be imposed and paid by a person issued .a citation for a particular violation of the City of Diamond Bar Municipal Code in an amount set forth in the Schedule of Fines and Penalties established by Resolution of the City Council; and WHEREAS, a Schedule of Fines and Penalties has been prepared which indicates the bail amount for first, second, and third offenses. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AS FOLLOWS: That the Diamond Bar City Council hereby approves the Schedule of Fines and Penalties for any violation of the City of Diamond Bar Municipal Code attached to this Resolution, identified as "Schedule I". PASSED, APPROVED AND ADOPTED this —day of 1999. Mayor 1, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1999, by the following vote: GNIFGI FRO -1 NORM T77r_671 - ond B ' 7j1tZ_71"_ City of Diamar 6141�C�7i��il Wel .' U41,12,35KNO10i MKIN MEN • 1. Violation of Municipal Code $100 - First Violation $200 - Second Violation of the same code provision within one year. $500 - Third Violation and additional violations of the same code provision within one year of the first violation. 2. Violation of Misdemeanors The fine for violating a misdemeanor under the Municipal Code shall not exceed the fine imposed for misdemeanors. 3. Violation of Infractions The fine for violating an infraction under the Municipal Code shall not exceed the fine imposed for infractions. 4. Late Pavment Penalties (a) Delinquent days for payment and the prescribed penalty assessed: * No. of Days Allowed * % of Penalty Assessed 31-60 Days 25% x Fine = Total Penalty Due 61-90 Days 50% More Than 90 Days 100% 5. A mlication for Administration Hearin Fee (a) A $25.00 non-refundable Application Fee must be paid, before a hearing will be scheduled with the Responsible Person. -INI I Mjr, 31 1 �il I 1,13: � � �'i 47 11 1 P170, Date: Name of Citee: D.L. or I.D. of Citee: Location of Violation(s): Date of Violation: Time: Time of Violation: Issued as a: Citation Notice of Non -Correction for Continuing Violation Issued Via: Personal Service Posting Location First Class Mail Code Section(s) Violated: Description of Violation(s): Amount of Fine: Name of Officer: I Have Received this Citation in Person Signature of Citee: THE LAW REQUIRES YOU TO TAKE THE FOLLOWING STEPS TO EITHER: (1) Comply with this citation, or (2) Contest the violation(s) charged. (1) TO COMPLY: a. Correct the violation(s) immediately and pay the fine within 30 days of the date of this citation or be subject to a late payment penalty. You may also be cited for additional violations for each day the condition(s) exists after 30 days from the date of this citation. Fine amounts not received within the following 30 days will be subject to a late payment penalty. You may also be cited for additional violations for each day the condition(s) exists after 30 days from the date of this citation. You may file a request for an extension of the correction period with the City Department responsible for the administration of Code Enforcement (21660 E. Copley Drive, Ste. 190, Diamond Bar, CA 91765). Requests will be granted only in unusual circumstances, where fully justified. �ICIZK1)i:IffttN 111A a. Administrative hearing - You may request an administrative hearing to contest that the Municipal Code section(s) referred to was either not violated, was corrected within the period provided, or that you are not a responsible person for the violation(s). You must obtain an Administrative Hearing Request form from the Department and file it with the Department within 30 days of this citation or Notice of Non -Correction. (For filing instructions, please contact Code Enforcement at (909) 396-5676). IMPORTANT: You must also DEPOSIT THE AMOUNT OF THE FINE to the City of Diamond Bar when you file your request for a hearing. You may file with the City a request for a waiver of the deposit by proving inability to pay. You will be notified of the time, date and place of your hearing when you file your form with the City. b. The Hearing Officer's decision will either be given to you at the end of the hearing or mailed to you within 30 days of the hearing. If the Hearing Officer finds that you did not commit the code violation(s), you corrected it within the time provided, or you are not the responsible person for the violation(s), the fine deposit will be returned to you within 30 days of the decision. If the Hearing Officer finds that you owe the fine for the Municipal Code violation(s), the fine will be retained by the City. If the violation(s) is not corrected, you may be cited for each day the condition(s) continues to exist. C. If the hearing Officer finds that you owe the fine for the Municipal Code violation(s) and you are not satisfied with the decision, you may file an appeal with the municipal court within 20 days of being notified of the hearing results. The appeal requires a $25 filing fee be paid to the court. PORTANT: Payment of all fines must be made to the City of Diamond Bar. The violation(s) of the Diamond Bar Municipal Code Section charged in this citation constitutes a nuisance. Unpaid fines and other costs of abatement may be collected by the City by an assessment and/or lien against your property pursuant to Government Code Sections 38773.1 and 38773.5 and Diamond Bar Municipal Code Chapter 1.05. Unpaid assessments can result in the property being sold after three years by the County Tax Collector. Assessments and liens for the fine can be contested at a separate administrative hearing. A full description of the procedure for the City's administrative hearings on Municipal Code violations and your rights in that process is found in Diamond Bar Municipal Code Section 1.05. For further information about this civil citation/notice, please contact Code Enforcement at (909) 396- 5676. lain /[ �_ _ i W Persons supported: Self ® Spouse ® Other Total Deposit Waiver Comments: I declare under penalty of perjury that the foregoing statement and information provided by me is true and correct. Signature: Date: Hearing Officer's Authorization: Date: � _. ��:.. a�• i Location: ■ Administrative Denied Comments: Dearing Officer's Authorization: Date: D`U CITY OF DIAMOND BAR CIVIL CITATION ADMINISTRATIVE HEARING DISPOSITION IName of Citee: Citation Number(s): Date of Citation/Notice: Social Security Number: Phone No./Fax No.: Location of Violation: Mailing Address: Date of Hearing: Time of Hearing: Location of Hearing: 0 Citation Upheld: The previously deposited fine amount will be forfeited. OR El Citation Dismissed: If you paid an advance deposit, a refund check will me mailed to you in 4-6 weeks. The following sections were dismissed: Comments: If there is a fine balance due, your payment schedule is as follows: Number of Payments Amount of Each Beginning on Payment (Date) Ending on (Date) Hearing Officer's Authorization -Date: CITY OF DIAMOND BAR a � �x Lots, structures, uses of land and structures, and 'character ist i cs of uses that do not conform to existing zoning requirements present' a serious concern to the community. Title 22, Section 22.60.330, #f the Los Angeles�County Code states -that: Purthermore, Section 22.60.350 finds that; "Any use of property contrary to the provisions of this title shall be, and the same is hereby declared to be unlawful and a public nuisance, and the authorized legal representative of the [City] may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provons of this title.0 Finally, the Uniform Building Code generally provides for t regulation of new construction or for the alteration or expansi to existing -structures. Section 301 states that: I - "No person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building, structure or automatic fire - extinguishing system regulated by Chapter 38, or perform any grading or cause the same to be done, without first obtaining a separate permit for each such building, structure, or automatic fire -extinguishing system, or grading from the building official.,, Two of the most crucial elements to any successful code enforcement program are the coordination between departments and the procedures used in documenting alleged code violations. For example, a potential code violation may be received by one department, investigated by another, and ultimately resolved by still another. OA If coordination between departments fails, the violation may linger on unabated or result in a more serious problem. On the other hand, when a case is sent to the City Attorney, he or she can take action based solely upon the information contained in the file. Thus, it is imperative that the file have as much factual information as possible. since complaints relating to potential code violations are not always received by the same department, it is ' necessary to coordinate the process to ensure the existence of a centralized I'- ference point. upon discovery or receipt of a possible code violation, a standard complaint form must be completed as to the nature of the complaint, name, address, and phone number of the complainant, and location of the alleged violation and/or nuisance as possible (See Exhibit A). The white and yellow copies of this form should be detached and submitted to the Code Enforcement Officer for proper documentation and investigation. The pink copy will be retained and forwarded to Administration for tracking purposes. Once a complaint has been received the code enforcement officer will: Ascertain the nature of the violatio7-r 0 Initiate a file and assign a case number 0 Establish the property ownership After the Code Enforcement Officer has determined the existence of a violation, he may.assign the case to another department for code compliance or contact the responsible party using any one of the following methods depending on the seriousness of the violation ant the responsiveness of the violator from previous contact. 0 CALL - May make a phone call to the property own and/or the person responsible for the violation. VISIT - May visit the residence or business i violation to personally speak with the responsibl party. I 0 LETTER - May send a standard letter to the violat explaining the nature of the violation and what t City expects as far as compliance. NOTIFY - May send a formal notification or lette by certified mail. i It is likely that under certain circumstances, a violation and/or nuisance may be delegated to another department for abatement (e.g., illegal grading is routinely handled by Public Works). In 0 this case, the responsible department should follow the same procedures for compliance and abatement as described below. In the majority of cases, code compliance and violation abatement is achieved as a result of the Code Enforcement Officer's direct contact with the responsible party. *Once the property owner or violating party has been contacted and made aware of the problem, the Code Enforcement Officer establishes a time frame, typically ten (10) working days, which the violation is to be abated. After conclusion of this. ten (10) day period, the Code Enforcement #fficer will conduct a follow-up inspection to determine if compliance has been achievef. If the property owner.or violating party fails to voluntarily abA the nuisance within the specified period of time, the Co Enforcement Officer will issue an Order to Comply Letter (S Exhibit C) describing the violation and the steps that must taken for compliance. The normal time frame for abatement 1 thirty (30) days. An abatement period longer than thirty (30) da may be established in unusual circumstances if the violation i extensive and the responsible party initiates compliance activitilel within the first fifteen (15) days. V The ability to summarily abate a nuisance provides relatively low cost, with an option to immediately eliminate the nuisance and impose the cost of the abatement thereof on the property owner. In order to abate a nuisance on private property, the City must conduct a two-step hearing process. At the first hearing, a determination is made as to whether a public nuisance exists by virtue of the violation of the pertinent code section. Upon determination, an administrative order of abatement is issued which describes the nuisance, establishes the time and manner for ab * atement, and a statement that if it is not abated in a timely manner the City will cause the abatement to be accomplished at the piroperty owner's expense. MO In some cases, a violation cannot be abated directly by the City because it represents a repeated offense, or is of a more serious nature. In these situations, the City may take immediate action, through the District Attorney's Office, to eliminate the violation, either by way of criminal prosecution, civil action or administrative action. The following is a summary of the general procedures to gain compliance for code violatiois: 1. Complete a standard complaint form indicating the nature of the complaint, name, address, and phone number of the complainant,. and location of the alleged violation and/or nuisance. 2. Verify the violation through on-site inspection. Initiate -_,R case file and assign a case number to the alleged violation. This information should be entered into the Code Enforcement Case Tracking Log. If applicable, assign the case to the appropriate department for investigation and compliance. 3. Contact resident or businessman in person or by mail to advise of violation. Depending upon the severity of the violation the City could seek summary abatement of the violation or refer the matter to the District Attorney's Office for investigation. 4. If compliance is not achieved within the time period specif ie -,R,, for correction, an Order to Comply is sent. R1 At any step in the above procedure, proceedings #k<'> extended f a© a variety of reasons, depending on the individual case. For example, additional time may be required to correct violations because of illness, death in the family, inclement weather, etc. Usually, all proceedings are stopped when correction is made. N Processing Time 1 to 4 Days ........ ..... ..... ... ---- Voluntary Compliance Case FlI. 171,tiated Property Inspected Violation Assessment Performed Property Owner Contacted/Abatement Date issued Follow -Up I n a Pact I a n Violet on DIF601 Asa,emovit Unreso: ved 1, of V1818116" Order Case to Comply Issued Referred to I . -.1 District Attorney Voluntary Compliance Attorney's Conference Investigation by District Attorney Compliance Compliance —Achieved Referred Criminal —to DA . ......................._......_.i —COmplaint Explanation of Complaint: IFFUT-11 Signed Date Complaintant Notif ied By Phone _Date/Time By: Compla intant Notif ied I n Writing _ Date / Letter Attatched CITY OF DIMOM BAR TNTEROFFICE MEMORANDUM DATES November 15, 1991 TO. Al Flores, Code Enforcement Officer PROM James DeStefano, C®unityDevelopment Director The new process to be immediately implemented includes: 1. The attached form to be used as a worksheet, each code enforcement case will be manually logged on to the worksheet and assigned a consecutive number (i.e. 001- 91). All cases are to include case number, address, violation description (i.e. inoperable vehicle in front yard or carport not in conformance) , last date letter /telephone or visual rechecked was conducted and the current status of the case. 2. The worksheet will be imputed into the computer monthly and a print out will be produced to be included in the monthly code enforcement report. 3. Once a code enforcement case is completely resolved a has been included on the monthly report, the case can removed from the computer print out. The case wil remain on the worksheet as completed. All active casej will remain on the computer until they have bee, resolved. Should you have any questions or concerns on the new p . rocedures, please contact me immediately. n IIIIIIIIIIIIIIIIIII if Z5 d _ son• •i Y Y Yfi � G s5 a h. Yi r s Y 3 - tr 11 IIIIIIIIIIIIIIIIIII if Z5 d _ son• d _ s5 a h. S S r,T iS Mi j Ii A law INIMM On November 7, 1991, the City of Diamond Bar examined the property located at 1234 Lycoming Street and determined the existence of several code violations. Specifically, the storage of an inoperable vehicle, California license plate 747 NUJ, in the driveway of the above noted property is in violation of Section 22.60.360 of the Los Angeles County Code, heretofore adopted by the City. Furthermore, the presence of a metal storage shed situated between the. garage and the sideyard property line was also noted. According to S ' ection 22.48.140 (c.2), 22.60.330 and 22.60.350 of the Los Angeles County Code, an accessory building cannot be located closer than five (5) feet from the side and rear property lines and must provide for a fire safety access of no less than three (3) feet. While! the City has previously contacted you concerning this matter,- the violations have not been abated. Therefore, by notice of this letter, the violations noted above must be corrected by Tu&sday, February i8, 1992. Failure to comply with this request -may result in criminal or civil action against you. Should you have any questions or need additional clarification, please contact this office at your convenience. Al Flores Code Enforcement Officer r �- A X FROM City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 TIOURCE.* Al Flores .■«t Enforcement Officer (714) 396-5676 lJoi-FIR— K 9 Pictures of the vehicle and shed were taken. Again during the inspectionit was determined that the property owners were still in violation.of Sections 22.60.350, 22.60.360, 22.48.140 (c2) and 22660.330 and 6307 of the Los Angeles - County Code and Section 9904 (4) of the Uniform Building Code. ATTACHMENTS November 7, 1991 violation letter sent to resident December 12, 1991 Order to Comply sent to resident/owner. Pictures of site The City Of Diamond Bar requests that criminal misdeameanor charges be filed against the property Ownerge Za_hnand_za_ne SMit as soon as possible. cc: City Attorney File 0 IWi7 V, lAVIN Via Pa It I UO Im •Or'Report TO: Chairman and Planning Commissioners FROM: James DeStefano, Deputy City Man SUBJECT: Planning Commission Agenda Item 10.2 Housing Element California law requires each city and county to prepare a Housing Element of its General Plan. The Housing Element must include local housing programs designed to meet the jurisdiction's "fair share" of existing and future housing needs for all income groups, as determined by the jurisdiction's Council of Governments. This "fair share" allocation concept seeks to ensure that each jurisdiction accepts responsibility for the housing needs of not only its resident population, but also for those household who might reasonably a expected to reside within the jurisdiction, particularly lower-income households, were there a variety and choice housing accommodations appropriate to their needs. In the six -county Southern California region, which includes the 30 -cities in the San Gabriel `Talley Council of Governments ("SGVCOG") and adjacent unincorporated areas of Los Angeles County, the agency responsible for assigning these fair share targets to each jurisdiction is Southern California Association of Governments ("SCAG"). The fair share allocation process begins with the State Department of Finance's projection of statewide housing demand for a five- year planning period, which is then apportioned by the State Department of Housing and Community Development ("HCD") among each of the State's official regions. Councils of Government, such as SCAG (or HCD itself if a region does not have Council of Governments), then further allocate the assigned regional shares among their member jurisdictions. These allocations become the planning targets (not actual housing production mandates) that each jurisdiction is to use in fashioning its Housing Element goals, objectives, policies and programs. The SCAG recently issued Preliminary Draft Regional Housing Needs Assessment (" A") locations for each city, county and subregion in the six -county SCAG region. The Preliminary Draft RHNA allocation have two principal parts: (a) a calculation of the number of net new housing units needed to accommodate growth during the 1995-2005 period, referred to as "construction need," and (b) a distribution, of construction need by the household income categories typically used in local housing policies and programs. These construction need numbers and income distributions represent key planning targets for the 2000-2005 Housing Element update that each jurisdiction in the SCAG region is required to prepare by July 1, 2000, Memorandum to Chairman and Planning Commissioners Page 2 September 24, 1999 Meeting Date: September 28, 1999 pursuant to State law. The following pages summarize the Preliminary Draft RHNA construction need for each city that is a member of the SGVCOG and the distribution of construction need by household income category. Total "construction need" is comprised of three calculation components ® (a) the number of housing units needed to accommodate future household growth; (b) an additional allowance for vacant units to ensure a healthy housing market; and (c) a further additional allowance to account for units that will be demolished, converted to non -housing uses or otherwise removed from the housing stock. The calculation of each component is based on a combination of the way HC calculates state-wide housing need and past SCAG practice in preparing the RHNA. Each component also relies on different date sets, including 1990 census data. Bear in mid that the construction need totals cover the period 1998 to 2005, though the Housing Element Planning period is from 2000 to 2005. Thus, the RHNA construction need numbers that will be used as planning targets in pending Housing Element updates may be reduced by net new units produced during 1998 and 1999. In conclusion, on September 14, 1999, I attended the SGVOCOG Planning Directions Committee meeting. At that meeting final recommendations on the draft Regional Housing Need Assessment were reviewed. Diamond Bar received the final "draft" allocation of 165 units for the period of 1998 to 2005. I have worked closely on this matter with SGVCOG to assure that Diamond Bar receives a fair share of the total subregional housing need. I believe that the allocation given Diamond Bar is a fair conclusion and that it can be obtained over the 7 year planning period, and should be supported by our representatives at the SGVCOG and SCAG. 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T M 77 rn 0 O in inM -1 O 0-4 im M T 91 D r z 2 H Z M M A .< M 00 C ? n ffY rz O O T C OZ Az :J M Z MN RI N N N f77 N N 171 D� r r O O O Z N r O T D Z 4r I T M 77 rn 0 O in inM -1 O 0-4 im M T 91 D r z 2 H Z M M A .< M 00 C ? n ffY rz O O T C OZ Az :J M Z MN RI N N N f77 N N 171 D� r r O O O Z N I g n o o N m m n ° 9 a 0 u o o o m n a L) m o ®o n®® D D C �6 II O ' { O �p O � o O om O O A q N 2 2 O N O J 0 0 W N O N A 0 0 NE2 J A O A W A 0 0 0 f A mi a m Is row po � W j 0 all V O IV N J m W O ] oR O A J W N N m 0 0 0 • N V N fU 0 J W N U °` O + 0 m+ O® O J n m 0 O A O� IV N m J 1 m � W N U) N OO m W IO ° R O fp fn T Ut uI+N A A �b o m 2 9 a N o poe q D o HOUSING ELEMENT I A WM­1111il� 1 I - - - - - - - - iS a Vnority of the highea order." (Government Code Section 65581) 4, P NITe F-Wilents or Ve community and local government officials with a greater understanding of the housing needs in Diamond Bar and to provide guidance to the decision-making process in all matters relating to housing. In 1967, housing elements became the third mandated Part Of general Plans. During the ensuing 15 years, numerous revisions were made to the required contents of community housing elements. In 1981, Article 10.6 of the Government Code, commonly referred to as the Roos Bill, was enacted and now describes the content requirements of local housing elements. The Housing Element, in complying with the letter and spirit of Article 10.6, must respond to the three major issues which are listed below: �ff�A,n assessment of local housing needs and an inventing xf 1+e9jA2gLT R!'L1_141t,AWJ A statement(s) of comiii unity,s goals, quantified objectives, and Policies relative to the maintenance, improvement and development of housing. A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the Policies and achieve the goals and objectives of the Housing Element. In 1977, "Housing Element Guidelines" were published by the State Department of Housing anit Community Development (HCD). The guidelines spelled out not only the detailed content requirements of housing elements but also gave the HDC a "review and approval" function over this element of the General Plan. In 1981, the Roos Bill placed the guidelines into statutory language and changed the HCD's role from "review and approval" to one of "review and comment" on local housing elements. State law requires an update of local housing elements every five years, so that they contain the mo- , current version of the Regional Housing Needs Assessment (RHNA), developed by the local CouI ncil no, Governments. The RHNA report estimates the total projected need for housing by income category I d the region, then provides the proportionate share each city must provide. For this six -county region, Southern California Association of Governments (SCAG) is the local Council of Governments fon' Angeles, Orange, Riverside, San Bernudino, Ventura, and Imperial Counties. SCAG ad pm RHNA for the 1989-1994 cycle in December 1988, prior to the City of Diamond Bar's 0 h7twvi "_ incorporatio an L;Ommumty Developmenig The Citv did not. however, have the same opportunity as communiti which received draft RHNAI figures irom SCA,G to review these figures to ensure consistency with growth projects assumptionj July 25, 1995 Klousmg ziement 111-1 regarding land which is suitable for development Housing Needs Assessment Inventory of Resources and Constraints Statement of Goals, Objectives and Policies Five -Year Housing Plan Elected officials appointed a 30 -person General Plan Advisory Committee to identify housing issues i -,I t the City as part of the firs General Plan. This committee met on a regular basis for over two and one- half years. All committee meetings were open to the public, and representatives were selected •based on their interests or knowledge on particular local issues, including housing. In addition, the Land Use and Housing Elements underwent various workshops and hearings, micludin ons on hous C. . HOUSING NEEDS ASSESSMTM The Housing Needs Assessment encompasses the following factors& Analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected housing needs for all income levels. Such existing and Projected needs include the locality's share of the regional housing need. (Section 65583(a)(1) of the Government Code) Analysis and documentation of household characteristics including level of payment compared to ability -to -pay, housing characteristics, including overcrowding, and housing stock condition. (Section 65583(a)(2)) Analysis of special housing needs, such as those of the handicapped, elderly, large Dianto Bar General Plan Holu July 25, 1995 111-2 . fam"i , farm workers, and families with female heads of household, and families an,? L 'persons in need of emergency shelter. (Section 65583(a)(6)) IW-kysis of opportunities for energy conservation with respect to residential development. (Section 65583(a)(7)) Existing and Projected Housing This section of the Plan for Housing Element discusses the various factors which induce a demand for housing. The factors include a review of housing stock characteristics, housing conditions, and regional housing needs. b. Housing Stock Characteristim According to 1993 estimates by the California Department of Finance, Diamond Bar had a total of 17,813 dwelling units and a population of 54,315 residents. The majority (70.5 percent) of diamond Bar's housing units are single-family detached dwellings. A complete breakdown of housing for the City in 1993 is shown in Table 11-1. According to the 1990 census, median home value in Diamond Bar was $272,900. A review of resale house price data from the California Market Data Cooperative (CMDC) in Diamond Bar indicates an average reWe value of $312,324 for 1991 which was up 2.7 percent from a value of $304,000 for 1990. These figures were compiled from over 5W individual home sales per year for an average four-bedroom house with approximately 2,000 square feet that was built in 1975. No local data was available on average sales prices of condominiums or townhomes. The 1990 census indicates that median rent for the City is $888. A survey showed rental rates in the city from $745 to $795 for one -bedroom units, from $750 to $915 for two-bedwom units, and from $960 to $1120 for larger units (Planning Network 1991). The City also has 268 mobile home units in two trailer parks near Lycoming and Brea Canyon Road. According to Table 11-1, Diamond Bar has a smaller percentage of mobile homes than the County as a whole. Table H -I Riamond Bar Housing Stock 19 Source: California Dep artmentof Finance 1993. Unincorporated area- January 1, 1993. 2,667 single-family attached and 2,324 multi -family units. Diamond B -n ral Plan July 25, 1995 ousing Element 101-3 According to the State,housing to accommodate 781 households would need t#.b e added to the City's June 30, 1989 total households by July 1994 to fulfill the City's share of regional housing needs. (With the extension of the Housing Element Cycle two additional years, Diamond Bar will have until July 1996 to fulfill its regional share of housing needs.) Based on the distribution of regional income, the State has further divided these needs among the following four income groups: City of Diamond Bar 7989-1995 Household Needs -'by Income Gro4 Housing Need in Diamond Bar (by income level) ......... .... . ... ...... . Very Low (up to $25,200) 4-0 - - - - -------- --- Upper ($60,500 and above) 17, 8 Source: State Department of Housin&and Community Development, 1994 HUD Income Limits. 2. Household Characteristics An important factor in determining existing housing need - the affordability of ho g. m u is usin One eas of housing affordabty is the percentage of a household's gross income needed to meet mon mortgage payments. A criterion used by the State, SCAG, and HUD to define affordable housing is th- costs should not exceed 30 percent of gross income on housing (either owner -occupied or rental According to the 1994 HUD Comprehensive Housing Affordabiliy tZ q S_ft-dtr.4WCHASf Databook a _4 - 01-71Ki—o-f -th-e-C-it-y-s-To—wncome (defined by HUD as earning up to 95 % median County inco -a owner households were spending more than 30% of their income on housing costs, m representing on eleven percent of the City's total ownership households. While only 840 lower income renter househol were overpaying, this represents 35 percent of the City's total renter households. Approximately hiall of these renter households (434) were spending more than 50 percent of their income toward housi costs. The Housing Element addresses the affordability needs of these lower income renter househol by provng sites for multi -family housing, and program strategies to expand the supply of assis housing. Ile population of Diamond Bar is a diverse population represented by various minorities. The larges-, minority group is Asian at 25 percent, while Latinos represent 21 percent. Demographic data suggests that the City will remain heterogeneous with similar proportions of minorities. Now, and in the future, there will be a need to ensure that minorities are not victims of housing discrimination. Table H-2 Namond Bar Age Distributiox SOurce: 2980 Census and 199 Census W7, . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ ...... .... . ........ ........ SOurce: 2980 Census and 199 Census I M 0 u Iim ua N, .. ... . ... . i0 w LU —I 0 u z LTJ tf) 00 00 00 00 C11 V)l 00 Ck 0, :04- c;l 0, as u > En u M� u N, —I 0 u z LTJ 00 00 00 00 C11 V)l 00 Ck 0, N, ji s" • • 1 • ii • µ r _ - F ji V.11110FIF1,111FIF1X a1 STATE OF CALIFORNIA ) ` COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) The Diamond-Bar"Planning Commission will hold a regular meeting at the South Coast Quality Management District Audilorjum,; 21865 East Copley Drive, Diamond Bar, at 7:00 P.M. on September 28, 1999. Items for consideration are listed on the attached agenda. I, John Ilasin, declare as follows: I work for the City of Diamond Bar in the Community and Development Services Department; that copies of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on September 28, 1999, was posted at the following locations: City Hall South Coast Quality Management District Auditorium 21660 E. Copley Drive 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on September 24, 1999, at Diamond Bar, California. CdnZELasi4n;;�g Community and Development Services Dept. DAs\aft'idavitposting.doc File revi d b 1 1 * WIT iO 0 0 0. . 0 0 0 0 1 0 g. 6 .6 0 A g 0 In N E 13 (3 0Cc ui 1� Z I > E 0 g NW U) ui 0 V V) U)O W Z w It z uj N0 U- LL A C 0 0 o. v g 0 g e g dE N 0 w V —0 C' zIl 16 16 i 6 j 6 d 6 0 16 C.' 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