§ 1-48. Collection of unpaid fines

(a) The city at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines, interest and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines, interest and penalties owed by a person under this chapter have been collected.

(b) the city may refuse to issue, extend, or renew any city permit, license, or other city approval to any person, who has unpaid delinquent fines, interest, penalties, liens or assessments due under this chapter, related to the permit, license, or approval.

(c) The city may suspend any permit, license, or land use approval issued to a person who has unpaid fines related to the permit, license, or approval totaling five hundred dollars ($500.00) or more that have been delinquent for over thirty (30) days. The suspension shall become effective twenty (20) days after the day notice of the suspension is placed by the director in the U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. The person may request an administrative hearing pursuant to the procedures in section 1-45 on the issue of fine delinquency only, if the request is filed with the director before the twenty (20) day period ends. Continuing to operate under a suspended permit, license or approval shall be grounds for revocation of the permit, license or approval. Revocation may be made by the city planning commission at a public hearing for which the same notice shall be given as required for issuance of the permit, license, or approval involved, but in no event shall there be less than ten (10) days written notice.

(d) It shall be unlawful for a citee to fail to pay any civil fine, interest, or penalty imposed pursuant to this chapter. The city attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any citee who fails to make such a payment. The criminal fine for this violation shall be a mandatory minimum of one hundred dollars ($100.00).

(e) Any violation of this Code shall constitute a nuisance. To compel code compliance, the city may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property related violation occurred. Any unpaid delinquent civil fines, interest and penalties may be recovered as part of any such lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred pursuant to Government Code sections 38773.1 and 38773.5.

(1) To pursue an abatement of a code violation as a nuisance and recover the costs, including any delinquent civil fines, interest and penalties as an abatement lien or special assessment, the city's director of finance may at his or her discretion take the following steps:

a. Submit to and receive from the city council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner;

b. Request the Orange County Recorder to record a notice of any liens, or special assessments, and send the Recorder the resolution certifying the amounts;

c. Request the Orange County Tax Collector to collect any special assessments certified by the city council; and

d. Take any other necessary action to enforce collection of any liens, or special assessments provided for in this chapter.

(2) The director may pursue the lien and special assessment remedies whether or not the city is pursuing any other action to terminate an ongoing Code violation that was the basis for the fine.

(3) All citations shall contain a notice that unpaid fines, interest and penalties are subject to the assessment and lien collection procedures of this section. The lien or assessment shall be imposed on the date the citation for the Code violation is issued to the responsible person and becomes effective upon the recording of a Notice of Lien or Assessment by the County Recorder. This notice shall satisfy the notice requirements of Government Code sections 38773.1 and 38773.5, when a civil citation is personally served on the citee. In addition, the city finance director shall send notice by first class mail stating the date, time and location of the meeting to each property owner listed in the proposed resolution at least ten (10) days before the city council considers the resolution and certifies the amounts of the liens and special assessments.

(4) A citee may contest the amount and/or validity of any lien or assessment for a civil fine at the public hearing to certify the amount of the lien or assessment by city council pursuant to subsection (e) of this section. Such contests shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a responsible person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment.

(f) The parent or legal guardian of a citee who is a minor shall be liable for any fines imposed upon the minor pursuant to the provisions of this chapter. Any such fines may be collected from the minor, parent or guardian.

(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00)

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Former § 1-45