Camarillo Municipal Code Ch. 7.55 Administrative Hearing Procedure

(a) A citee who is issued a citation assessing a civil penalty arising out of any violation of this Chapter, may request an initial administrative review of the citation within twenty calendar days of its issuance, rather than proceeding directly to a request for an administrative hearing regarding the citation. This request must be made in writing and served upon the division at the address set forth in the citation. A citee's request must set forth, with particularity, the reasons the citee believes a violation did not occur or that the citee was not responsible for the violation(s), must include a copy of the citation, and must contain the address to which the conclusions of the division's review should be mailed. A request for an initial administrative review must be accompanied by payment of a fee for administrative review according to the schedule of rates and fees adopted by resolution.

(b) Upon receiving a citee's request for review, the reviewing official shall review the request, citation and other pertinent information, and provide the citee with written notification that:

1. The citation is vacated because there was no violation, or the citee was not responsible for the violation (if the citation is vacated, the division shall provide the citee with a refund of the fee paid for administrative review);

2. The citation will not be vacated because no justification could be found and setting forth the basis for that conclusion.

(c) The reviewing official will mail a copy of the notification to the citee at the address included in the request for initial administrative review along with, if applicable, notice establishing the fine due date and the procedure for requesting an administrative hearing, review within ten business days of receiving citee's request.

(d) 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 under Section 7.55.020, et seq., in writing within twenty calendar days after the date the division served citee with notice of the administrative review decision. Requests must be submitted to the division's office and must be accompanied by an advance deposit of the fine or a request for a hardship waiver.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

A citee who is issued a civil penalty for a violation of this chapter, may request an administrative hearing to challenge the basis for the citation within twenty calendar days of its issuance. Except as may be provided for in this chapter, each request for administrative hearing must be accompanied by an advance deposit in an amount equal to the contested civil penalty, including delinquency fees, and the administrative hearing fee set by resolution or the amount of one thousand dollars, whichever is less.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

(a) A citee who is financially unable to make an advance deposit of the amount required for an administrative hearing deposit may file an application with the division within thirty days from citation issuance requesting a waiver of the advance deposit. Such application shall be in a form required by the division, filed with the request for administrative hearing and shall be accompanied by a declaration, signed under penalty of perjury, with any supporting documents required by the division, demonstrating the citee's financial inability to pay.

(b) The division shall review the request for hardship waiver, including the declaration and supporting documents, within fifteen days of receiving the request and determine whether to grant or deny the request. Thereafter, the division shall serve the citee with a notice of its determination by mail at the address provided in the waiver application. The determination of the division as to such waiver shall be final.

(c) Should the application be denied, the citee must deposit the required advance deposit with the division not later than ten days following the date the notice of denial of the waiver was served upon the citee. Failure to provide the deposit within ten days shall be deemed a waiver of the citee's right to an administrative hearing and the civil penalty shall be deemed delinquent. The division shall thereafter serve notice of the penalty amount for the delinquency upon the citee and provide notice to the hearing officer.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

Upon receiving a timely request for an administrative hearing, together with any required deposits, the division shall set 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 shall be provided to the citee at least fifteen days prior to the hearing date.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

(a) Issues to be determined at the hearing are limited to whether the violation alleged in the administrative citation actually occurred; and whether the citee was legally responsible for the violation.

(b) The burden of proof will be upon the division by a preponderance of the evidence. The citation itself shall be considered as prima facie evidence of the facts contained therein. Both the citee and the enforcement officer shall have the opportunity to testify and present additional evidence concerning the alleged violation. Such evidence may include witness testimony, documents, and other evidence. Strict rules of evidence shall not apply, including hearsay. Evidence must be relevant and material to the issues of whether the violation actually occurred and/or whether the citee was responsible for the violation.

(c) In lieu of personally appearing at the hearing, the citee may request that the hearing officer decide the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted.

(d) If the citee fails to appear at the hearing, without having been granted a waiver of presence by the hearing officer, this will be deemed to be a waiver of the right to be personally present. The hearing officer shall then determine the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted, and statements from the enforcement officer during the hearing.

(e) The enforcement officer who issued the citation may, but is not required to, be present at the hearing, unless the citee serves a subpoena on the enforcement officer to testify at the hearing. In lieu of such attendance the enforcement officer may submit, prior to the hearing, reports, photographs, or other documents to the division which shall then be forwarded to the hearing officer for consideration. A copy of the documents submitted by the enforcement officer will also be provided to the citee at the commencement of the hearing.

(f) The hearing officer shall have the authority to continue any hearing and request additional information from the enforcement officer or citee prior to rendering a written decision.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

(a) Within ten days after completion of the hearing, the hearing officer shall issue a written decision to uphold or set aside the civil penalty assessed against the citee and shall set forth the reasons for such decision. A copy of the decision shall be provided to the division.

(b) The division shall, after receiving a copy of the hearing officer's determination, promptly provide a copy thereof to the citee at the address set forth in his/her request for administrative hearing either by serving the citee personally, or by first class mail, return receipt requested.

(c) If the decision of the hearing officer is to sustain the civil penalty, the division shall accompany the hearing officer's decision with a notice advising the citee that the division will retain any advance deposit previously paid for the civil penalty amount. If payment was not in the full amount, including a waiver previously granted, full and complete payment will be required within thirty days of the date of the notice.

(d) The citee shall have the right to file a petition in the Ventura County Superior Court for review of the hearing officer's decision as set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6. Such petition must be filed within ninety days of the date notice of the decision is served on the citee.

(e) If the decision of the hearing officer is to set aside and vacate the civil penalty, any advance deposit of the civil penalty shall be refunded to the citee. The division shall also refund the administrative hearing fee previously paid by the citee. The division shall provide notice to the citee of the decision and the refund, either by serving the citee personally, or by first class mail, return receipt requested. The division shall also provide notice of the decision to the enforcement officer.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

A penalty that is final either by termination of appeal rights or by completion of the appeal process may be collected by any lawfully authorized means including but not limited to filing a civil action to recover the amount of the unpaid penalties.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)