(a) 
This Chapter provides for the issuance of administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code.
(b) 
The administrative citations process set forth in this Chapter applies to violations of the Code that: (1) are transitory or immediately remediable; (2) create an immediate danger to health or safety; or (3) are continuing violations pertaining to building, plumbing, electrical or other similar structural or zoning issues that persist after the responsible party has been given notice and failed to comply within the specified time frame. Unless otherwise stated in the Code, the administrative citations process set forth in this Chapter applies to violations of Articles 3, 4, 5, 6, 7, 8, 9, and 13 of this Code or any other provision specifically identified as subject to the administrative citation process. This Chapter shall only apply to administrative citations issued for violations of this Code, and shall not apply civil, criminal, or other enforcement of any section of this Code.
(c) 
Use of this Chapter shall be at the sole discretion of the City, subject to subsection (b) of this Section.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02; amended by Ord. No. 2365CCS § 1, adopted 7/26/11; Ord. No. 2810CCS, 4/22/2025)
"Correctable offense"
means any ongoing or continuous violation of the Santa Monica Municipal Code or any law the City is authorized to enforce that can be legalized by taking a positive action towards compliance rather than refraining from committing a future violation.
"Enforcement officer"
means a City Police Officer, a City Code Compliance Officer or Code Enforcement Officer, a City Building Inspector, a City Combination Building Inspector, a City Parking Enforcement Officer, a City Public Works Inspector, a City Fire Inspector, a City Office of Sustainability and the Environment Inspector, a City License Inspector, a City Animal Control Officer, a City Public Services Officer, a City Lead Public Services Officer, a City Public Services Officer Supervisor, a City Public Services Administrator, a Pier and Harbor Services Officer, a Lead Pier and Harbor Services Officer, a City Pier and Harbor Services Supervisor, or any other authorized agent or employee of the City whose duty is to assure Code compliance.
"Responsible party"
means any individual or entity who is responsible for causing or maintaining a violation of this Code or applicable state codes or causing or maintaining any public nuisance. The term "responsible party" includes, but is not limited to, a property owner, tenant, occupant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation, or a business owner, or manager of a business.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02; amended by Ord. No. 2335CCS § 6, adopted 12/14/10; Ord. No. 2493CCS § 1, adopted 9/8/15; Ord. No. 2810CCS, 4/22/2025)
Pursuant to California Government Code Section 53069.4, when a violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, an enforcement officer shall issue a notice of violation to the responsible party prior to the imposition of administrative fines or penalties. Such notice shall serve as a written warning of responsibility and required action to abate the violation. The notice of violation shall include the following information:
(a) 
The name of the responsible party;
(b) 
The name of the owner, if different from the responsible party;
(c) 
Street address;
(d) 
The code sections in violation;
(e) 
Date of the violation, if known;
(f) 
A description of the conditions which violate the applicable codes;
(g) 
The date of the violation or, if the date of the violation is unknown then the date the violation is identified;
(h) 
A list of corrections to bring the condition into compliance;
(i) 
A reasonable period of time to correct the violations listed in the notice of violation prior to the imposition of fines or penalties, unless the violation constitutes an immediate danger to public health, safety, or welfare, or materially interferes with public travel or passage, in which case the notice of violation may require immediate compliance; and
(j) 
A list of the potential consequences for failure to comply with the notice of violation or permitting the violation such as criminal prosecution, civil injunction, administrative abatement, administrative citations, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits, and receivership.
(Ord. No. 2810CCS, 4/22/2025)
(a) 
Whenever an enforcement officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.
(b) 
Each administrative citation shall contain the following information:
(1) 
The date of the violation or, if the date of the violation is unknown then the date the violation is identified;
(2) 
The address or a definite description of the location where the violation occurred;
(3) 
The section of this Code violated and a description of the violation;
(4) 
The amount of the fine for the Code violation;
(5) 
A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
(6) 
An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;
(7) 
The time limits for payment of the fine and abatement of the Code violations;
(8) 
A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
(9) 
The name and signature of the citing enforcement officer.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02; amended by Ord. No. 2365CCS § 2, adopted 7/26/11)
(a) 
The amounts of the fines for Code violations imposed pursuant to this Chapter shall be set forth in the schedule of fines established by resolution of the City Council.
(b) 
The schedule of fines shall specify any increased fines for repeat violations of the same Code provision by the same person within thirty-six months from the date of an administrative citation.
(c) 
The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02)
An administrative citation on a form approved by the City Manager may be issued to a responsible party by an enforcement officer for violation of those sections set forth in subsection (b) of Section 1.09.010 as follows:
(a) 
By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation's validity or enforceability; or
(b) 
By Regular First-Class Mail. Service shall be deemed effective when the citation is deposited in the United States mail to the responsible party as shown on the County's current equalized assessment roll or other records pertaining to the matter to which such notice is directed; or
(c) 
By Posting on Property. If the enforcement officer is unable to serve the citation under subsection (a) or (b) above, by posting a copy of the citation on any real property within the City in which the City has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or
(d) 
By Publication. If the enforcement officer cannot post the citation by any of the above methods, by publishing the citation in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.
(Ord. No. 2810CCS, 4/22/2025)
(a) 
The responsible party shall comply with any administrative citation by abating the Code violations described in the citation and by paying the required fines within the time allotted by the citation.
(b) 
Any administrative citation fine paid pursuant to subsection (a) of this Section shall be refunded in accordance with Section 1.09.100 if it is determined, after a requested review, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative 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 administrative citation.
(d) 
If the citation is the responsible party's first violation of the cited code provision within a thirty-six month period, is a correctable offense, is deemed by the enforcement officer not to create an immediate danger to health and safety, and is deemed by the enforcement officer to be corrected within the time indicated on the citation, the responsible party shall not be required to pay more than fifty percent of the fine, provided the responsible party pays fifty percent of the fine within thirty days of providing proof of correction of the violation to the enforcement officer. Subsequent administrative citations for a violation of the same code provision issued within thirty-six months of another administrative citation shall not be eligible for a fine reduction under this subsection. This paragraph shall not apply to orders issued pursuant to Section 10.04.04.040.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02; amended by Ord. No. 2365CCS § 3, adopted 7/26/11; Ord. No. 2810CCS, 4/22/2025)
(a) 
Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for hearing form and returning it to the City Clerk's office within thirty days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.09.070.
(b) 
A request for hearing form may be obtained from the City Clerk's office specified on the administrative citation.
(c) 
The person requesting the hearing shall be notified of the time and place set forth the hearing at least five days prior to the date of the hearing.
(d) 
If City staff submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be provided to the person requesting the hearing at least three days prior to the date of the hearing.
(e) 
The recipient of an administrative citation may at the time that he/she contests the citation waive the right to a hearing and elect instead to have the administrative review be based exclusively on written materials submitted to the Hearing Officer. The recipient must submit all written materials within ten days after he or she makes this election.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02)
(a) 
Any person who intends to request a review of the administrative citation to contest that there was a violation of the Code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in Section 1.09.050(a) may file a request for an advance deposit hardship waiver.
(b) 
The request shall be filed with the Finance Department on an advance deposit hardship waiver application form, available from the Finance Department, within fifteen days of the date of the administrative citation.
(c) 
The requirement of depositing the full amount of the fine as described in Section 1.09.050(a) shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.
(d) 
The Director of Finance, or designee, may waive the requirement of an advance deposit required by Section 1.09.050(a) and issue the advance deposit hardship waiver only if the cited party submits to the Director of Finance a sworn statement, together with any supporting documents or materials, demonstrating to the satisfaction of the Director of Finance the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.
(e) 
If the Director of Finance declines to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within ten days of the date of that decision or thirty days from the date of the administrative citation, whichever is later.
(f) 
The Director of Finance shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the Director of Finance shall be final.
(g) 
The written determination of the Director of Finance shall be served upon the person who applied for the advance deposit hardship waiver.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02)
The review of the administrative citation requested pursuant to Section 1.09.060 may be conducted by the Building Officer, Zoning Administrator, Fire Marshal, the department or division head of the department which issued the citation, the City Manager or designee, any individual acting in one of the above-enumerated positions, or a Hearing Examiner appointed in accordance with the procedures set forth in Section 1.10.050. The Hearing Officer must be qualified by experience or training to conduct the review. In no event, however, shall the administrative review be conducted by the person who issued or who was directly involved in the issuance of the citation. A Hearing Examiner shall be required where there is no uninvolved City employee qualified to conduct the review.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02; amended by Ord. No. 2365CCS § 4, adopted 7/26/11)
(a) 
No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section 1.09.050 or an advance deposit hardship waiver has been issued in accordance with Section 1.09.070.
(b) 
A hearing before the Hearing Officer shall be set for a date that is not less than five days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this Chapter, unless the Hearing Officer determines that the matter is urgent or that good cause exists for an extension of time. Notice of hearing shall be sent to the party contesting the administrative citation by email, unless the party contesting the citation requests to receive notice of the hearing by mail, in which case the notice shall be mailed to his or her last known mailing address.
(c) 
At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
(d) 
Unless the recipient of an administrative citation requested a paper review pursuant to Section 1.09.060(e), the failure of the recipient to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.
(e) 
The administrative citation and any additional report submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents.
(f) 
The Hearing Officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
(g) 
The Hearing Officer may grant any request for a continuance of the hearing from either party upon a showing of good cause.
(h) 
The Hearing Officer shall have the power to issue orders to keep order and decorum during an Administrative Hearing. No person shall fail to comply with any such order.
(i) 
At any time prior to, during or after the hearing, the City Attorney's office may exercise its prosecutorial discretion to reach a plea agreement or compromise with the responsible party or to dismiss any citation.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02; amended by Ord. No. 2365CCS § 5, adopted 7/26/11; Ord. No. 2550CCS § 1, adopted 8/8/17; Ord. No. 2810CCS, 4/22/2025)
(a) 
After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be issued within thirty days after the conclusion of the hearing or the submission of all written materials if no hearing is requested and the Hearing Officer's decision shall be final.
(b) 
If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.
(c) 
If the Hearing Officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set forth in the decision a schedule on which the fine must be paid.
(d) 
If the Hearing Officer determines that the administrative citation should not be upheld and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine. Unless the City returns the fine within thirty days after it was deposited, this refund shall also include interest at the average rate earned on the City's portfolio for the period of time that the fine amount was held by the City.
(e) 
The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision. Notice of the decision shall be sent to the party contesting the administrative citation by email, unless the party contesting the citation requests to receive the decision by mail, in which case it shall be mailed to his or her last known mailing address.
(f) 
The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02; Ord. No. 2810CCS, 4/22/2025)
Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02)
(a) 
The City may collect any past due administrative citation fines or late payment charges by use of all available legal means. The City also may recover its collection costs pursuant to subsection (b) of this Section.
(b) 
Any person who fails to pay any obligation required by this Chapter shall also be liable in any action brought by the City for all the City's costs incurred in securing payment of the delinquent amount including, but not limited to, administrative costs and attorney's fees. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.
(c) 
The City may recover from a Responsible Party any and all costs incurred by the City in connection with the issuance of any citation which is upheld or becomes final. These recoverable costs include, but are not limited to, costs of investigation, personnel costs incurred in connection with any administrative hearing, and costs for all reinspections necessary to enforce compliance with the Code.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02; Ord. No. 2810CCS, 4/22/2025)
Any person directly aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in Los Angeles County.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02)
(a) 
The administrative citation and all notices required to be given by this Chapter shall be served on the responsible party in accordance with the provisions of Section 1.10.040.
(b) 
Failure to receive any notice specified in this Chapter does not affect the validity of proceedings conducted hereunder.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02)
It shall be unlawful for the owner of any dwelling unit or structure who has received a citation to sell, transfer, mortgage, lease or otherwise dispose of it to another until the provisions of the citation have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee or lessee, with a true copy of any citation and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such citation and fully accepting the responsibility without condition for making the corrections or repairs required by such citation or stating that the grantee, transferee, mortgagee or lessee intends to timely challenge the citation. The transfer of ownership in violation of this Section shall not abrogate the transfer.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02)
The failure to comply with an administrative citation, including any failure to pay an administrative fine, is a misdemeanor. The filing of a criminal misdemeanor action does not preclude the City from using any other legal remedy available to gain compliance with the administrative citation.
(Added by Ord. No. 2043CCS § 3, adopted 5/14/02; amended by Ord. No. 2365CCS § 6, adopted 7/26/11)
Unless prohibited by this Code or any State, County, or Federal law, any person who violates or fails to comply with any provisions in this Code and who possesses no photo identification or refuses to identify themselves to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor. This provision shall not be enforceable if superseded by any provision of this Code, or other State, County, or Federal law or regulation.
(Ord. No. 2810CCS, 4/22/2025)