Police Department Policy

BUENAPPD_CP406_-_Administrative_Citation_Process_379377

Buena Park PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 08/27/2019 07/25/2023 07/25/2027 BUENA PARK POLICE DEPARTMENT STANDARD OPERATING PROCEDURES _________________________________ CP406 - Administrative Citation Process 1 CP406 ADMINISTRATIVE CITATION PROCESS CP406.1 PURPOSE AND SCOPE This procedure outlines the guidelines for issuance of Buena Park administrative citations. CP406.1.1 ACCREDITATION STANDARDS This procedure pertains to the following CALEA standards: 1.2.6, 44.2.1, 82.2. 2 CP406.2 PURPOSE OF CITATION An administrative citation is an alternative method of enforcement for various violations of the Buena Park Municipal Code (BPMC) . The goal is to reduce the burden on the judicial system while providing full due process for those cited . In addition, administrati ve citations and monetary penalties are imposed to encourag e and expedite compliance with provision s of the BPMC . The procedures established are in addition to criminal , civil, or other legal remedies that may be available to the City to enforce violations of the BPMC or applicable state codes . CP406.2.1 AUTHORITY AND FINES Any person violating any provision of the BPMC may be issued an administrative citation by any police officer or an authorized Code Enforcement Officer. A violation of this Code includes, but is not limited to, all violations of the BPMC , the Uniform Codes ado pted by the City Council, or the failure to comply with any condition imposed by any entitlement, permit, agreement, or environm ental document issued or approved pursuant to this Code. Each and every day a violation of the BPMC exists constitutes a separate and distinct offense. A complete list of the BPMC , ordinances , and guidelines can be located at : https://www.buenapark.com/city_departments/city_clerk/municipal_code_and_zoning_ordinanc e.php Fines shall be assessed in the amounts specified by resolution of the City Council (Ordinance No. 1358) , or where no amount is specified: a) A fine not exceeding $100.00 for a first violation b) A fine not exceeding $200.00 for a second violation of the same ordinance or permit within one year from t he date of the first violation c) A fine not exceeding $500.00 for a third or higher violation of the same ordinance or perm it within one year from t he date of the first violation CP406.3 CITATION PROCEDURE An administrative citation can be issued in person, certified m ail, or by posting it onsite. The CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 08/27/2019 07/25/2023 07/25/2027 BUENA PARK POLICE DEPARTMENT STANDARD OPERATING PROCEDURES _________________________________ CP406 - Administrative Citation Process 2 following procedure s are used when : Issuing the citation in person: a) Obtain the responsible persons ’ identification . b) Complete the citation . c) Have the responsible person sign and date the citation . d) Keep the white copy of the citation and give the yellow copy with the attached en velope to the responsible party. e) Submit a copy of the citation to Records for the file , along with any backup documentation that m ay be use d in an appeal . Serving the citation by mail: a) Comple te the citation . b) Make two photocopies of the citation . c) Send the yellow citation copy with the attached envelope by certified mail to the responsible person . d) Send one of the citation photocopies along with the Administrative Citation Information form by first class mail to the responsible party . e) Submit the copi es of the citation to Records for the file , along with any backup documentation that may be use d in an appeal . Posting the citation on site: a) Complete the citation. b) Post the yellow citation and at tached envelope onsite. c) Submit the copy of the citation to R ecords for the file , along with any backup documentation that m ay be use d in an appeal . CP406.3.1 RECORDS PROCEDURE Records personnel will scan copies of the citation into the department database. The original citation will then be forwarded to the Buena Park Administrative Assistant for Code Enforcement , who processes all administrative citations . CP406. 4 ADMINISTRATIVE CITATION HEARING If an administrative citation is disputed, the recipient of the citation can re quest an administrative hearing per Chapter 1.04 of the BPMC . Administrative hearings are requested through the Finance Department and scheduled through the City Manager’s Office. All administrative citation hearings are held by the Assistant City Manager and processed internal ly at the Buena Park City Hall. The Buena Park City Attorney will file all disputed cases at the Superior Court of California, County of Orange, Central Justice Center, 700 Civic Center Drive CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 08/27/2019 07/25/2023 07/25/2027 BUENA PARK POLICE DEPARTMENT STANDARD OPERATING PROCEDURES _________________________________ CP406 - Administrative Citation Process 3 West, Santa Ana, CA 92701. CP406. 5 ADMIN I

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