Sec. 13-56. - Service of notice of imposition of administrative penalties.

The Notice of Imposition of Administrative Penalties shall be served in the same manner as provided for in subsection 13-6.2 for service of a Notice of Violation.

(Ord. No. 3112, § 1, 9-21-2021)

56.1.1

A Responsible Person(s) may request a hardship waiver to reduce the amount of a penalty imposed pursuant to this article.

a.

A hardship waiver for a fine reduction may be requested no later than fifteen (15) calendar days after the Administrative Violation is served. This Responsible Person(s) is required to make a showing that they have made a bona fide effort to comply after the first violation and that payment of the full amount would impose

an undue financial burden on them. The head official of the Issuing Department, or their designee, is charged with reviewing fine reduction requests.

b.

Any Responsible Party receiving a fee reduction pursuant to this paragraph retains the right to appeal the Administrative Violation pursuant to Section 13-56.1; however, the time for appeal shall not be extended due to any fine reduction request pursuant to this paragraph.

(Ord. No. 3112, § 1, 9-21-2021)

Editor's note— Ord. No. 3112, § 1, adopted Sept. 21, 2021, set out provisions intended for use as § 13- 57. Inasmuch as there were already provisions so designated, said section has been codified herein as § 13-56.1 at the discretion of the editor.

56.2.1

Applicability. The Administrative Appeal procedure described in Section 13-56.2 is applicable to an appeal of all administrative citations other than High Severity Violations which Are Subject to an Expedited Review Process as described in Section 13-56.3 herein.

56.2.2

Initial Review. The Responsible Person may contest an Administrative Citation no later than ten (10) calendar days after the Administrative Violation is served. The appeal request must be in writing, specifying the basis for the appeal in detail, and filed with the administrative processing agency as indicated in the Administrative Citation.

The Initial Review will be completed by the head official of the Issuing Department or their designee.

a.

If, following the initial review, the citation is upheld, the Responsible Person shall be notified by mail and informed of their obligation to pay the Administrative Fine within fifteen (15) days of the mailing, or of their right to request an Administrative Hearing.

56.2.3

Hearing Before the Board of Supervisors—Filing Requirements.

a.

If the Responsible Person chooses to contest the outcome of the Initial Review, within fifteen (15) days of the mailing of the results of the Initial Review, the Responsible Person shall submit a written request, on an official form provided by the County, requesting an Administrative Hearing before the Board of Supervisors. Said form, hereinafter referred to as a Request for Administrative Hearing, shall include an advance deposit in the full amount of the Administrative Fine or one thousand dollars ($1,000.00), whichever is less, or

written proof of financial hardship as specified in Section 13-53 herein. A hearing shall be scheduled with the Board of Supervisors when the aforementioned conditions are met.

b.

In lieu of the advance deposit required, written proof of financial hardship, which shall be in the form of a declaration signed by the Responsible Person under penalty of perjury, along with supporting documentation as specified by the County, shall be filed with the Issuing Department.

c.

A Responsible Person who fails to submit a Request for Administrative Hearing within fifteen (15) days, or who fails to make the required deposit or provide written proof of financial hardship, will have waived the right to contest the Initial Review and shall pay the Administrative Fine in accordance with the timeline set forth in paragraph (a)(1), above.

56.2.4

Hearing Date—Notice of Hearing. The hearing shall be set for a date that is not less than ten (10) days from the date of mailing of the notice of hearing. The notice of hearing shall state the date, time and place of the hearing and direct the property owners or occupant and other responsible parties to appear and show cause why the administrative fine should not be imposed. The Notice of Hearing may be delivered to the person(s) or may be mailed to the address(es) listed in the Notice of Appeal.

56.2.5

Continuances. The Board of Supervisors may, in their its discretion, grant or deny a continuance of the hearing date upon a request by the Responsible Person(s) or the Issuing Department and a showing of good cause.

56.2.6

Failure to Attend a Hearing. If the Responsible Person(s) or his or her representative fails to attend the scheduled hearing, he or she shall be deemed to have waived his or her right to an Administrative Hearing. Under these circumstances, the Board of Supervisors shall find the Responsible Person(s) in default, and shall issue a written notice to that effect. A default under this section shall constitute a forfeiture of the Administrative Fine and a waiver of any right to challenge the assessed Enforcement Costs and Administrative Costs. A default under this section shall also be a bar to judicial review of the hearing officer decision based upon failure to exhaust administrative remedies. A default under this provision may be set aside by the Board of Supervisors at the request of the Responsible Party upon a showing of good cause for failing to appear at the Administrative Hearing.

a.

If a financial hardship waiver was granted and the Responsible Person is in default as provided above or a challenge to the citation is withdrawn pursuant to above, the Administrative Fine, Enforcement Costs, and Administrative Costs shall be due and payable by the Responsible Person(s) to the County within fifteen (15) calendar days following the date that had been set for the Administrative Hearing.

56.2.7

Withdrawal of Appeal. A Responsible Person(s) who has been issued an Administrative Citation and who has requested an administrative hearing to challenge the citation as provided in this article may request in writing that his or her challenge to the citation be withdrawn and the hearing cancelled. Upon receipt of a request to withdraw a challenge to the Administrative Citation, the County shall cancel the pending hearing, and issue a written notice to that effect. A withdrawal under this subdivision shall constitute a forfeiture of the Administrative Fine and a waiver of any right to challenge the assessed Enforcement Costs and Administrative Costs. A withdrawal under this subdivision shall also be a bar to judicial review of the hearing officer decision based upon failure to exhaust administrative remedies.

56.2.8

Procedures at the Administrative Hearing.

a.

The Board of Supervisors shall hear all facts and testimony presented and deemed relevant. The hearing is informal in nature, and formal rules of evidence and discovery do not apply. The proceedings shall be audio-recorded by the County. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.

b.

The Board of Supervisors shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the Administrative Citation has caused or maintained the violation(s) on the date(s) specified in the Administrative Citation.

c.

The County bears the burden of proof at an administrative hearing to establish the existence of the Administrative Violation specified on the citation. The standard of proof in deciding the issues shall be preponderance of the evidence.

d.

The Administrative Citation and any additional documents submitted by the Issuing Department shall be accepted by the Board of Supervisors as prima facie evidence of the respective facts contained in those documents. The Enforcement Officer, or if unavailable, his/her/their supervisor shall attend the hearing.

e.

Each party shall have the opportunity to testify, cross-examine witnesses, and present witnesses and evidence in support of his or her case. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must be authenticated to the satisfaction of the Board of Supervisors. Nothing shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Board of Supervisors.

f.

The Board of Supervisors may continue the hearing as necessary. The decision of the Board of Supervisors shall be final upon adoption of an order containing its determination.

g.

The Board of Supervisors' decision shall include that an aggrieved party may file a petition for review with the California Superior Court, County of Lake, pursuant to California Government Code § 53069.4. The failure of a responsible party to appear at the Administrative Citation hearing shall be deemed a failure to exhaust administrative remedies.

(Ord. No. 3112, § 1, 9-21-2021)

Editor's note— Ord. No. 3112, § 1, adopted Sept. 21, 2021, set out provisions intended for use as § 13- 58. Inasmuch as there were already provisions so designated, said section has been codified herein as § 13-56.2 at the discretion of the editor.

56.3.1

Hearing Before the Board of Supervisors—Filing Requirements.

A Responsible Person(s) may request an Administrative Hearing before the Board of Supervisors within the time specified in the Notice of Violation, which time period shall be not less than ten (10) days and no more than fifteen (15) days from the date the Notice is issued. Said form, hereinafter referred to as a Request for Administrative Hearing, shall include an advance deposit in the full amount of the Administrative Fine or one thousand dollars ($1,000.00), whichever is less, or written proof of financial hardship as specified in Section 13-53 herein. A hearing shall be scheduled with the Board of Supervisors when the aforementioned conditions are met on the next available regularly scheduled meeting of the Board.

a.

In lieu of the advance deposit required, written proof of financial hardship, which shall be in the form of a declaration signed by the Responsible Person(s) under penalty of perjury, along with supporting documentation as specified by the County, shall be filed with the Issuing Department within the time period specified in this Notice of Violation.

56.3.2

A Responsible Person(s) who fails to submit a Request for Administrative Hearing within the time to appeal specified in the Notice, or who fails to make the required deposit or provide written proof of financial hardship, will have waived the right to contest the violation(s) and shall pay the Administrative Fine as specified in subsection 56.3.1.

56.3.3

Hearing Date—Notice of Hearing. The expedited hearing shall be set for the next available regularly scheduled meeting of the Board of Supervisors. The notice of hearing shall state the date, time and place of the hearing and direct the property owners or occupant and other responsible parties to appear and show cause why the administrative fine should not be imposed. The Notice of Hearing may be delivered to the person(s) or may be mailed to the address(es) listed in the Notice of Appeal. The decision of the Board of Supervisors shall be final.

56.3.4

With the exception noted herein in subsections 56.3.2 and 56.3.3, the hearing procedure shall adhere to the requirements of Section 13-56.2 herein.

(Ord. No. 3112, § 1, 9-21-2021)

Editor's note— Ord. No. 3112, § 1, adopted Sept. 21, 2021, set out provisions intended for use as § 13-