Chico Municipal Code Art. IV Administrative Hearing Procedures

Any recipient of an administrative citation who is not satisfied with the result of an initial administrative review may contest that citation by requesting an administrative hearing. Such request must be made on or before the due date of the administrative fine. Requests for an administrative hearing shall be submitted to the department and shall be accompanied by an advance deposit of the fine or a request for a hardship waiver. Failure to deposit the amount of the fine or a request for a hardship waiver with a request for an administrative hearing shall be deemed to be a waiver of the right to a hearing.

(Ord. 2180 §§ 4, 5, Ord. 2364 §21, Ord. 2439 §12)

Any person who requests a hearing to contest an administrative citation and who is financially unable to make the advance deposit of the administrative fine, as otherwise required by this chapter, may file for a hardship waiver. The request for a hardship waiver shall be filed with the department on such form and shall contain such information as may be designated by the director. Upon the filing of a hardship waiver, the director shall make a determination whether or not the advance deposit of the fine shall be waived. The director may waive the requirement of an advance deposit of the fine only if the person requesting the waiver submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director such person's actual financial inability to deposit the full amount of the fine with the city in advance of the hearing.

The director shall provide a written notice to the person requesting the waiver of the director’s determination to issue or not issue the advance deposit hardship waiver. The written determination of the director shall be served upon the person who applied for the advance deposit hardship waiver by mail at the address provided in the waiver application. The determination of the director shall be final.

If the director determines not to issue an advance deposit hardship waiver, the person shall remit the advance deposit to the city no later than10 days after the date of that decision. If a hardship waiver is not issued and the advance deposit is not made on or before the tenth day after the date of the notice of that decision, the applicant shall be deemed to have waived the applicant’s right to an administrative hearing and the administrative fine shall be deemed to be delinquent.

(Ord. 2180 §§ 4, 5, Ord. 2268, Ord. 2364 §22, Ord. 2439 §13)

The city manager shall designate one or more persons qualified by education or experience to serve as hearing officers for administrative hearings conducted under this chapter.

(Ord. 2180 §§ 4, 5)

Upon receipt of a timely request for an administrative hearing and the advance deposit of the administrative fine, or the issuance of a hardship waiver, a date for the administrative hearing shall be set which is not less than 15 nor more than 60 days from the date the hearing is requested. Written notice of the date, time, and location of that hearing shall be provided to the person requesting the hearing at least 15 days prior to the hearing date. However, a hearing may be set less than 15 days from the date upon which it is requested if the person requesting the hearing provides a written waiver of that time limit and of the 15-day prior written notice of the hearing date, time, and location.

No administrative hearing shall be set or held unless the fine has been deposited in advance or an advance hardship waiver has been issued by the director.

(Ord. 2180 §§ 4, 5)

A. Evidentiary Rules. At the hearing, the administrative citation shall constitute prima facie evidence of the respective facts contained in the citation. Both the party contesting the administrative citation and the enforcement officer shall be given the opportunity to testify and to present additional evidence concerning the administrative citation. Such evidence may include the testimony of other witnesses, or the introduction of documents or other evidence. Such testimony, written documents, or other evidence sought to be introduced shall not be limited to any legal rules of evidence, save and except for the rule that it shall be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the person cited committed, caused or was responsible for the violation.

B. Waiver of Personal Appearance at Hearing. Instead of appearing at an administrative hearing in person or by an authorized representative, a person contesting an administrative citation may request that the hearing officer decide the matter based on the face of the citation and any other documentary evidence submitted by the person cited or the enforcing department prior to the date of the hearing.

C. Failure to Appear at Hearing. The failure of any person requesting an administrative hearing to appear at the hearing in person or by an authorized representative shall be deemed to be a waiver of the right to be personally present at the hearing and the hearing officer shall decide the matter based upon the citation, any written materials which have previously been submitted in anticipation of the hearing, and any other evidence which 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, prior to the hearing date, submit to the hearing officer reports, photographs, or other documentation regarding the violation 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 the recipient of the administrative citation prior to issuing a written decision.

(Ord. 2180 §§ 4, 5, Ord. 2268)

A. Written Decision. After considering all of the testimony and evidence admitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall state in the decision the reasons therefor.

B. Effect of Decision. The decision of the hearing officer shall be final. Chapter 2.80 of the Chico Municipal Code does not apply to any decision of an enforcement officer, enforcing department, hearing officer or the director made pursuant to this chapter.

B. Service of Decision. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision. Service may be made personally at the conclusion of the hearing by the hearing officer, or by mail, after the adjournment of the hearing, by the director.

(Ord. 2180 §§ 4, 5)

If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city. If the fine was deposited with the city and the hearing officer determines that the administrative citation should be canceled, the city shall refund the amount of the deposited fine. If, pursuant to a hardship waiver, the fine has not been deposited with the city, and the hearing officer determines that the administrative citation should be upheld, the due date for the payment of the fine shall be 21 calendar days from the date of service of the hearing officer's decision.

(Ord. 2180 §§ 4, 5)

Any person aggrieved by the decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal with the Superior Court of California, County of Butte, Chico Courthouse, in accordance with the procedures and within the time set forth in California Government Code section 53069.4.

(Ord. 2180 §§ 4, 5)