Moraga Municipal Code Art. 2 Administrative Citations

Whenever a designated employee determines that a violation of Section 7.28.030 has occurred, that employee shall have the authority to issue an administrative citation to any person responsible for the violation. Each administrative citation shall contain the following information:

A. The date of the violation;

B. The address or description of the location where the violation occurred;

C. The description of the violation, including the subsection(s) of Section 7.28.030 that was violated;

D. The amount of the administrative fine;

E. A description of the administrative fine payment process, including time for payment;

F. A description of the administrative citation review process, including the requirements for requesting a hearing; and,

G. The name and signature of the designated employee issuing the citation.

(Ord. 195 § 1 (part), 2003)

The amount of administrative fines shall be as follows:

A. An administrative fine not exceeding one hundred dollars ($100) for a first violation.

B. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year.

C. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year.

(Ord. 195 § 1 (part), 2003)

The administrative fine shall be paid to the town within thirty (30) days after the administrative citation is issued.

An administrative fine need not be paid within this time period if the person responsible for the continuing violation corrects or otherwise remedies the violation to the reasonable satisfaction of the town and the town has cancelled the citation, or if a request for a hearing pursuant to Section 7.28.080 is filed in a timely manner.

(Ord. 195 § 1 (part), 2003)

Any person receiving an administrative citation may request a hearing to contest the citation. Any request for a hearing must be filed in writing with the town clerk within thirty (30) days of issuance of the citation.

(Ord. 195 § 1 (part), 2003)

The town manager or his or her designee shall designate the hearing officer for administrative citation hearings. Hearing officers may be employees of the town or any other persons qualified to hear such matters.

(Ord. 195 § 1 (part), 2003)

A. The hearing shall be held not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed. The hearing may be continued from time to time as deemed necessary by the hearing officer.

B. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence or witnesses concerning the administrative citation.

C. The failure of the person contesting the administrative citation to appear at the hearing shall constitute a waiver of the hearing, a failure to exhaust administrative remedies, and agreement by the person contesting the administrative citation to pay the administrative fine.

D. The administrative citation and any additional report submitted by the person issuing the citation shall constitute prima facie evidence of the respective facts contained in those documents.

E. The rules of evidence as provided by California state law need not be followed unless otherwise decided by the hearing officer.

(Ord. 195 § 1 (part), 2003)

After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written, final administrative decision to uphold or cancel the administrative citation and shall state in the final administrative decision the reasons for that decision. A copy of the final administrative decision shall be served on the recipient of the administrative citation and provided to the agent who initially issued the citation. The administrative decision of the hearing officer shall be final, unless judicially reviewed as set forth in Section 7.28.130.

(Ord. 195 § 1 (part), 2003)

If the final administrative decision of the hearing officer affirms the issuance of the administrative citation, the recipient of the citation shall pay the administrative fine to the town within thirty (30) days after the date the final administrative decision is served.

(Ord. 195 § 1 (part), 2003)

Any person who fails to pay to the town any administrative fine imposed pursuant to this article on or before the date that fine is due may also be liable for the payment of any applicable late payment charges set forth in a fee schedule adopted by the town.

(Ord. 195 § 1 (part), 2003)

The town may collect any past due administrative fine and/or late payment charges by use of all available legal means.

(Ord. 195 § 1 (part), 2003)

Any person aggrieved by a final administrative decision of a hearing officer on an administrative citation may obtain review of the final administrative decision by filing a petition for review with the Superior Court of Contra Costa County, in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

(Ord. 195 § 1 (part), 2003)

The administrative citation and all notices required to be given by this article shall be served either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at the person's last known business or residence address as the same appears in public records. Failure to receive any notice specified in this section does not affect the validity of proceedings conducted under this article.

(Ord. 195 § 1 (part), 2003)

Notwithstanding anything in this or other sections of the town of Moraga Municipal Code, resolutions or orders to the contrary, the issuance of an administrative citation and/or the imposition and/or payment of an administrative fine pursuant to this article shall be in addition to and not exclusive of any other remedy for violation of ordinances that is available under federal, state or local law or regulation.

(Ord. 195 § 1 (part), 2003)

Each day or portion thereof during which a violation of Section 7.28.030 exists is a separate violation subject to an administrative citation.

(Ord. 195 § 1 (part), 2003)