Biggs Municipal Code Art. IV Administrative Citation

A code enforcement officer may issue an administrative citation in substantially the same form as the notice of violation. The administrative citation shall set forth the documented opportunity to provide for compliance, unless issued in the context of an immediate threat to public safety and health. Service of an administrative citation shall be as provided herein for service of the notice of violation.

(Ord. 359 § 1, 2005)

A code enforcement officer shall have the authority to issue an administrative citation with a specified administrative fine in an amount not to exceed $1,000. The fine amount(s) shall be set forth in a fee schedule that the city shall adopt by resolution and may amend from time to time. The fine shall be imposed as a civil debt to the city and may be enforced as a lien upon any real property subject to the citation. The debt may be enforceable by way of civil action.

(Ord. 359 § 1, 2005)

The administrative citation must set forth the procedures for requesting an administrative appeal and the time for filing said appeal.

(Ord. 359 § 1, 2005)

The time for appeal shall expire after the tenth day following the time that service of the administrative citation is complete.

(Ord. 359 § 1, 2005)

The administrative appeals officer ("appeals officer") shall conduct all administrative appeal hearings of any timely and properly filed appeal from an administrative citation pursuant to the procedures set forth in this chapter. The appeals officer shall review all evidence and hear all oral testimony submitted by, for and against the appellant. The appeals officer may decide to uphold the administrative citation, rescind the citation in part or in its entirety, and/or reduce the amount or waive payment of the administrative fine.

(Ord. 359 § 1, 2005)

The appeals officer's authority to hear and consider appeals shall be limited to passing on only those appeals pertaining to matters within his or her subject matter jurisdiction. The appeals officer shall consider at the hearing on the appeal only those matters or issues which were specifically raised by the appellant in his or her appeal and which are relevant to the issues of the hearing. The appeals officer shall not have the authority to waive any requirements of the municipal code and/or any applicable statutes, rules, codes or regulations, except as otherwise provided in this chapter.

(Ord. 359 § 1, 2005)

As soon as practicable after receiving the written appeal, the appeals officer shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 calendar days and not more than 45 calendar days from the date the appeal was filed with the city clerk.

(Ord. 359 § 1, 2005)

As soon as practicable after scheduling the administrative appeals hearing, the hearing officer shall prepare a notice of administrative appeals hearing ("hearing notice") which shall be in substantially the same form as follows:

(Ord. 359 § 1, 2005)

The appeals officer shall provide a copy of the hearing notice to the city clerk or his or her designee who shall cause a copy of said notice to be provided to the appellant either by causing a copy of said notice to be delivered to each appellant personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal. The city clerk shall also cause a copy of the hearing notice to be provided to the issuing officer or authorized agent.

(Ord. 359 § 1, 2005)

Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the hearing notice and retained by the issuing officer or authorized agent.

(Ord. 359 § 1, 2005)

The issuing officer or authorized agent shall prepare an administrative hearing packet for the appeals officer to review prior to the hearing. The packet shall include a copy of the notice of violation (if issued), administrative citation, a staff report, and any other evidence of the violation(s). The staff report should include a written case history, the status of pending permit applications, and a record of conversations or correspondence with the person(s) deemed responsible for the violation(s).

(Ord. 359 § 1, 2005)

At the appeals hearing, the appeals officer shall hear any evidence and oral testimony offered either in support of appellants' claim or in support of the administrative citation, provided such evidence is relevant to the issues of the hearing. The appeals officer has the authority to determine the relevance of any evidence to the hearing. The appeals officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.

(Ord. 359 § 1, 2005)

Each party appearing at the hearing shall have the following rights:

(1) To call and examine witnesses;

(2) To introduce documentary and physical evidence;

(3) To cross-examine opposing witnesses;

(4) To impeach any witness regardless of which party first called the witness to testify;

(5) To rebut evidence; and

(6) To be represented by anyone who is lawfully permitted to do so.

(Ord. 359 § 1, 2005)

If the appellant fails to attend the scheduled administrative appeals hearing, the hearing will proceed without appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing.

(Ord. 359 § 1, 2005)

The appeals officer shall prepare and serve a written notice of decision and compliance order upon the appellant and the issuing officer or authorized agent following the appeals hearing. The decision of the appeals officer shall be final.

(Ord. 359 § 1, 2005)

The appeals officer shall serve the written notice of decision and compliance order to each appellant within 30 calendar days from the date the hearing is deemed closed.

(Ord. 359 § 1, 2005)

The notice of decision and compliance order shall state whether the administrative citation has been either upheld, in full or in part, or rescinded, in full or in part. Said notice shall also contain a brief summary of the evidence considered, findings of fact, and the effective date of the decision.

(Ord. 359 § 1, 2005)

The appeals officer shall cause a copy of the notice of decision and compliance order to be provided to each appellant either by causing a copy of said notice to be delivered to each appellant personally or by causing a copy of said notice to be delivered to appellant by certified mail, postage prepaid, return receipt requested, and addressed to appellant at the address shown on the appeal.

(Ord. 359 § 1, 2005)

Proof of service of the notice of decision and compliance order shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the notice and retained by the issuing officer or authorized agent.

(Ord. 359 § 1, 2005)

The effective date of the appeals officer's notice of decision and compliance order shall be as stated therein.

(Ord. 359 § 1, 2005)

Any party contesting the final decision of the administrative hearing officer concerning the imposition of an administrative fine under this chapter may seek judicial review of the imposition of the fine by filing an appeal pursuant to California Government Code Section 53069.4, subdivision (b)(1) after said party has exhausted all available administrative remedies relating to the underlying violation.

(Ord. 359 § 1, 2005)