Camarillo Municipal Code Art. IV Administrative Hearing Procedures

Except as provided by Chapter 16.58 of this code, any citee dissatisfied with the conclusions of an initial administrative review may contest that citation by requesting an administrative hearing. A citee must request an administrative hearing within fifteen days after the date the city served the citee with notice of the administrative review decision. Requests must be submitted to the director and be accompanied by an advance deposit of the fine or a request for a hardship waiver.

(Ord. 968 § 1 (part), 2004.)

(Ord. No. 2032, § 4, 7-9-2025)

A. Citees financially unable to make an advance deposit of the administrative fine may file for a hardship waiver. The request for a hardship waiver must be filed with the director on a form containing information that may be required by the director. The director will review the request and determine whether a waiver is justified. A waiver may only be approved if the request for waiver is accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating that the citee's actual financial inability to deposit the full amount of the fine.

B. The director will inform the citee in writing regarding whether the director approved the waiver. This determination must be served upon the citee by mail at the address provided in the waiver application. The director's determination is final.

C. Should the director determine that a waiver is unjustified, the citee must deposit the fine amount with the city not later than ten days after the date of that decision. Failure to make a deposit within ten days after waiver denial is deemed a waiver of the citee's right to an administrative hearing and the administrative fine will be deemed delinquent.

(Ord. 968 § 1 (part), 2004.)

The city manager designates the hearing officer for the administrative citation hearing.

(Ord. 968 § 1 (part), 2004.)

After receiving a timely hearing request and deposit or waiver of the fine amount, the director sets an administrative hearing on a date not less than fifteen nor more than sixty days from the date the hearing is requested. Written notice of the date, time and location of the administrative hearing must be provided to the citee at least fifteen days before the hearing date.

(Ord. 968 § 1 (part), 2004.)

A. Evidentiary Rules. The administrative citation is prima facie evidence of the respective facts contained in the citation. Both the citee and enforcement officer have the opportunity to testify and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents or other similar evidence. Evidence sought to be introduced is not limited to any legal rules of evidence except for the rule that it be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the citee was responsible for the violation.

B. Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the citee may request that the hearing officer decide the matter based on the citation itself and any other documentary evidence submitted by the citee or enforcement officer before the hearing date.

C. Failure to Appear at Hearing. Failure of a citee to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer must then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the enforcement officer.

D. Attendance of Enforcement Officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend, the enforcement officer may, before the hearing date, submit reports, photos or other documentation regarding the violation to the hearing officer for consideration at the hearing.

E. Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or citee before issuing a written decision.

(Ord. 968 § 1 (part), 2004.)

A. The hearing officer must issue a written decision to uphold or set aside the administrative citation and present the reasons for that decision.

B. The director must send a copy of the hearing officer's decision to the citee with notice of the citee's right to appeal the decision in Superior Court.

C. The hearing officer's decision is the city's final action on the matter. There is no right to an appeal other than as provided in this chapter. The hearing officer's decision is final as of the date of the decision.

(Ord. 968 § 1 (part), 2004.)

A. Should the hearing officer uphold the administrative citation, the city can retain the deposited fine amount.

B. Should the hearing officer vacate the administrative citation, the city must promptly refund the amount of the deposited fine, if any.

C. Should the hearing officer uphold the administrative citation and a hardship waiver was previously granted, the due date for paying the administrative fine will be thirty days from the date of the notice of the hearing officer's decision.

D. The city may use all legal means to collect any past due fines, including penalties and interest, should a citee fail to pay in a timely manner.

(Ord. 968 § 1 (part), 2004.)

A. A citee may appeal the hearing officer's decision by filing an appeal with the Superior Court pursuant to Government Code Section 53069.4, or any successor statute, within twenty days from service of the hearing officer's decision.

B. Should the citee file a timely appeal with the Superior Court, the requirement to pay the fine is suspended and the payment of the fine, if any, will be in accordance with the Superior Court decision.

(Ord. 968 § 1 (part), 2004.)