Delano Municipal Code Ch. 13.05 Water Violation Appeals

For the purpose of this chapter, the terms used herein are defined as follows:

"Administrative hearing" means a hearing that is conducted by the chief of police or his/her designed, either in the presence of the person requesting the hearing or by U.S. mail, after an administrative review has been conducted, wherein the requestor is able to provide evidence or testimony that would reflect the water violation citation was issued in error, or provide mitigating or extenuating circumstances as why the citation should be dismissed without penalty to the requestor.

"Administrative review" means a review of a water violation citation by staff of the police department to only determine the validity of the citation and whether or not it was lawfully issued.

"Hearing officer" is appointed by the city manager in writing and will remain in such position until replaced. A hearing officer's salary will not receive any further compensation for these duties and may, at his or her discretion, exonerate those who provide credible evidence that the violation did not occur, or other extenuating or mitigating circumstances as to why the citation should be dismissed.

(Ord. No. 2016-1283, § 1(Exh. A), 3-21-2016)

A. Within twenty-one days from the notice of water violation or fourteen days from the mailing of the first notice of delinquent water violation, a person, by completion of a water administrative review form, may request a review by the city regarding the notice of water violation or first notice of delinquent water violation. This review is only to determine the validity of the citation. An administrative review request must be completed by the contesting party if the request is made in person. There shall be no charge for an administrative review of a water citation. Administrative review requests that falls outside of the time constraints listed in this chapter, supra, will be denied by the hearing officer.

B. The results of the city's review shall be mailed by the hearing officer to the person seeking review within fifteen days of the request for the review. Denials of an administrative review will be mailed within five business days stating the reason the request for administrative review was made.

(Ord. No. 2016-1283, § 1(Exh. A), 3-21-2016)

A. A person dissatisfied with the results of the investigation pursuant to Section 13.04.190 may request a hearing by a water citation hearing request form and provide it to the chief of police or his designee, as to why the water violation is being contested within twenty-one days of the mailing of the results of the investigation.

B. The person requesting an administrative hearing shall indicate to the city his or her election for a hearing by mail or personal conference.

C. All administrative reviews and administrative hearings shall be conducted before a hearing officer designated by the city manager to conduct the review by the city.

D. The officer or person authorized to issue a notice of water violation shall not be required to participate in the administrative hearing. The city shall not be required to produce any evidence at the hearing other than the notice of water violation or copy thereof. The documentation in proper form shall be considered prima facie evidence of the violation.

E. The hearing shall be conducted in in such a manner that would allow the responsible person appealing the decision of the administrative review, to provide any evidence that they feel would benefit their position. The hearing officer may clarify information presented by the appealing party. The city's final decision may be delivered personally to the person by the hearing officer or to the person by U.S. mail within ten days of the hearing.

F. No fines will be collected until after an administrative hearing has been conducted and the violator sent a notice in accordance with this chapter. All City responses and correspondence placed into the U.S. Mail shall be considered as delivered.

(Ord. No. 2016-1283, § 1(Exh. A), 3-21-2016)

In all cases when violator requests to make payments upon the results of an administrative review or hearing, and based upon financial hardship, the administrative review or the hearing officer may allow payments to the city in accordance with the approval of the city manager. However, all fees must be paid within one hundred eighty days from approval. Installment payments must be made at least once every thirty days during the term of the installment plan. The city will require a minimum deposit of no less than ten percent of the total citation amount to include penalties, if any, from any person who can offer verifiable and substantial proof that he or she is experiencing a financial hardship. All financial hardship request must be reviewed and approved by the director of finance before payments will be authorized.

(Ord. No. 2016-1283, § 1(Exh. A), 3-21-2016)

If in the opinion of the administrative or hearing officer a severe financial hardship exists and payment is otherwise not likely, the administrative or hearing officer may allow a violator to complete community service in lieu of paying all fees and late payment penalties, if any, associated with the violation(s). The actual number of hours of community service to be worked will be based on the prevailing California minimum wage per hour, divided by the fee to be paid by the violator. The hearing officer may assign violators to complete community service at city parks, police department, the golf course, vacant city property, or other location deemed appropriate by the hearing officer. All community service hours must be completed within ninety days from the approval of community service by the hearing officer.

(Ord. No. 2016-1283, § 1(Exh. A), 3-21-2016)

In all cases where a demand has been made in writing by the director of finance for payment on either an outstanding water citation violation invoice, or wherein a violator had originally agreed to make payments and has not made such payments in accordance with the agreed upon terms, the finance director, or her designee, shall take all legal steps to recover any and all fees due by the violator to the City of Delano. Once a violator has violated the terms of the agreed upon payment schedule, if any, the entire amount due plus penalties shall become immediately payable to the City of Delano.

(Ord. No. 2016-1283, § 1(Exh. A), 3-21-2016)