Imperial County Municipal Code Ch. 1.10 Judicial Review of Administrative Decisions Imposing Fines or Penalties

Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within twenty (20) days after service of the final administrative order or decision of any agency or department of the county of Imperial is made pursuant to an ordinance enacted in this code regarding the imposition, enforcement or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the agency or department providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.

(Ord. No. 1454, § 2, 10-27-09)

The fee for filing the notice of appeal shall be as specified in Section 70615 of the Government Code. The court shall request that the file on the case be forwarded to the court, to be received within fifteen (15) days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the county. Any deposit of the fine or penalty shall be refunded by the county in accordance with the judgment of the court.

(Ord. No. 1454, § 2, 10-27-09)

The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.

(Ord. No. 1454, § 2, 10-27-09)

If no notice of appeal of the local agency's final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.

(Ord. No. 1454, § 2, 10-27-09)

If the fine or penalty has not been deposited and the decision of the court is against the contestant, the county may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.

(Ord. No. 1454, § 2, 10-27-09)