Ceres Municipal Code Ch. 22 Violations and Penalties

Any person who violates or fails to comply with any of the provisions of this title, and any person who aids, assists, or abets therein, shall be guilty of an infraction, unless otherwise indicated. City Council may from time to time by resolution establish specific fines which shall be applicable to the violation of any of the provisions of this title.

(Ord. No. 2020-1056, § 2, 2-24-2020)

The remedies provided for in this title shall be cumulative with any other remedies available in law or in equity and are not exclusive.

(Ord. No. 2020-1056, § 2, 2-24-2020)

Any denial of a parking permit, levied fines, or other provisions of this chapter may be appealed in accordance with the procedure below:

A. Any person aggrieved by any licensing or permitting decision of an administrative officer or agency with respect to the issuance or refusal to issue a license or permit required by this title, or any penalties imposed under this chapter, may appeal to the City Council by filing a notice of appeal with the City Clerk within ten days of the denial, approval, or imposed penalty. The applicant's right to appeal shall terminate after the allotted time passes.

B. The applicant shall set forth in writing the grounds for the appeal.

C. The appellant shall pay a reasonable hearing fee upon filing to appeal. The appeal fee shall be set by resolution adopted by the City Council.

D. If an appeal is timely filed, the permit holder shall be granted an administrative hearing by a neutral hearing officer appointed by the City Manager. Written notice of the date, time and place of the hearing shall be mailed at least ten calendar days prior to the date of the hearing, by personal service or certified mail, with proof of service attached, to the address listed on the application, or the address given in the notice of appeal, if different.

E. The hearing shall be within 30 days after receipt of said notice of appeal.

F. The hearing officer may continue a hearing based on good cause shown or if the hearing officer independently determines that due process has not been adequately afforded. The hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing.

G. The hearing shall be informal in nature. Formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish the existence of a violation of this Code or applicable State code. The standard of proof to be used by the hearing officer in deciding the issues at the administrative hearing is by a preponderance of the evidence. Each party shall have the opportunity to present evidence in support of his or her case. In addition:

1. All parties shall have the right to be represented by legal counsel. The appellant shall bear his or her own costs to be represented by an attorney;

2. When a party does not proficiently speak or understand the English language, the party may provide an interpreter at the party's own expense. An interpreter shall not have any involvement in the issues of the case prior to the hearing;

3. Any objections to the conduct of the hearing or to the introduction of evidence that is not timely made will shall be deemed waived. For the purposes of making a timely objection, an objection is timely if made before submission of the case for decision;

4. Each party shall have the right to call and examine witnesses, introduce exhibits and cross-examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness;

5. Not less than ten days prior to the scheduled hearing, the City Clerk must notify the appellant of the name, address, and phone number of any witness to the violation, and furnish the appellant with a copy of any document it intends to submit at the hearing. Not less than seven days prior to the hearing, the appellant may request the City Clerk to produce at the hearing any witness the City intends to rely upon to substantiate the suspension, revocation, or other action. The written request must name the witness or witnesses who are requested to attend the hearing. The City may not rely on the testimony of any witness (including such testimony contained in reports or written witness statements) whose appearance at the hearing is required by this section, if that witness fails to appear.

6. Not less than ten days prior to the hearing, the appellant must notify the City Clerk in writing of the name, address and phone number of any witness the appellant intends to call as a witness at the hearing, provide a brief description of the proposed testimony, and furnish the City Clerk with a copy of any document the appellant intends to offer as evidence at the hearing. The appellant may not call any witness to testify at the hearing who was not identified as required by this section or offer any document as evidence at the hearing that was not provided to the City Clerk as required by this section;

7. Both the City and the appellant shall have the right to examine and cross-examine any witness produced at the hearing. The rules of evidence that normally apply in court shall not apply in a hearing before the hearing officer, but the hearing officer shall only consider evidence which would be relied upon by reasonable people making an important decision, and shall disregard evidence which by its nature is unreliable or not credible. Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths and to receive and rule on admissibility of evidence;

8. The entire hearing shall be electronically or steno graphically recorded. The record of the hearing shall be preserved for not less than six months after the decision is served on the appellant; and

9. At any time after a hearing has commenced and prior to the time the hearing is concluded, the Police Chief may, with the consent of the hearing officer, serve the owner with an amended or supplemental notice of violation to conform to the evidence presented or adduced at the hearing. If the amended or supplemental notice presents new causes or allegations, the owner shall be afforded a reasonable opportunity to prepare a defense thereto. Any new causes or allegations shall be deemed denied and any objections to the amended or supplemental causes or allegations may be made orally at the hearing.

10. If the permit holder or individual who was fined fails to appear at the hearing, he or she is deemed to waive the right to the hearing and the adjudication of the issues related to the hearing; provided, that proper notice of the hearing was provided.

11. The hearing officer shall issue an administrative order within 30 calendar days of the hearing date that shall be served upon the permit holder by personal service or certified mail. The order shall become effective on the date of personal service or five calendar days after the date service is carried out by mailing. The decision of the hearing officer shall be final.

12. If the notice of revocation is affirmed on appeal, the permit at issue shall be immediately shall be revoked and surrendered to the City.

13. The appellant shall be entitled to notice of the basis for the proposed action and a copy of the documents upon which the decision was based. Once an administrative order is issued, the time in which judicial review of the order must be sought shall be governed by the California Code of Civil Procedure section 1094.6.

14. No application for any valet parking permit issued under this chapter shall be accepted by the City Manager from the same applicant within one year following revocation of a permit issued under this chapter or while the applicant has a suspended permit.

(Ord. No. 2020-1056, § 2, 2-24-2020)