Chapter 1.03 — ADMINISTRATIVE CITATION

The city council finds that there is a need for an alternative method of enforcement for minor violations of the municipal code and applicable state codes. The city council further finds that an appropriate method of enforcement for minor violations is an administrative citation program as authorized by Government Code Section 53069.4.

(Ord. 932 N.S. § 2 (part), 2007)

A.

Whenever an enforcement officer charged with the enforcement of this code determines that a violation of any provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation. The administrative citation shall state that the fine may be waived if evidence is presented, within fifteen days of the date of the citation, to an enforcement officer that the violation has been corrected.

B.

"Enforcement officer" means any officer or employee with the authority to enforce the city of El Paso de Robles Municipal Code as identified in Chapter 1.06.

C.

Each administrative citation shall contain the following information:

The date of violation;

The address or a definite description of the location where the violation occurred;

The provision(s) violated and a description of the violation;

The amount of the fine for the violation;

A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

An order prohibiting the continuation or repeated occurrence of the violation described in the administrative citation;

A description of the administrative citation review process, including the time within which the administrative citation may be contested and the procedure for requesting a hearing; and

The name and signature of the enforcement officer.

(Ord. 932 N.S. § 2 (part), 2007)

A.

The amounts of the fines for violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the city council, or where no fine is specified therein by:

A fine not exceeding one hundred dollars for a first violation;

A fine not exceeding two hundred dollars for a second violation of the same ordinance or permit within one year from the date of the first violation;

A fine not exceeding five hundred dollars for each additional violation of the same ordinance or permit within one year from the date of the first violation.

B.

The schedule of fines shall specify any increased fines for repeat violations of the same or similar provision by the same person within thirty-six months from the date of an administrative citation.

C.

The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

(Ord. 932 N.S. § 2 (part), 2007)

A.

The fine shall be paid directly to the city within thirty days from the date of the administrative citation.

B.

Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the administrative citation.

(Ord. 932 N.S. § 2 (part), 2007)

A.

Any recipient of an administrative citation may contest that there was a violation or that he or she is the responsible party by filing with the police department in writing a request for a hearing within fifteen calendar days from the date

of the administrative citation.

B.

The person requesting the hearing shall be notified in writing of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.

C.

If the enforcement officer submits a written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall be served by certified mail, return receipt requested on the person requesting the hearing no less than three calendar days prior to the date of the hearing.

(Ord. 932 N.S. § 2 (part), 2007)

A.

An administrative citation hearing shall be held by the hearing officer in the manner and form set forth in this section.

B.

The city of El Paso de Robles city manager shall designate the hearing officer for the administrative citation hearing. The hearing officer shall not be a city of El Paso de Robles employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

C.

No hearing to contest an administrative citation before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted and, the fine has been deposited in advance.

D.

The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of the municipal code on the date(s) specified in the administrative citation.

E.

The person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

F.

The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

G.

The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

H.

At least three days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.

I.

The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

(Ord. 932 N.S. § 2 (part), 2007)

A.

After considering all of the testimony and evidence submitted 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 for that decision. The decision of the hearing officer shall be final.

B.

If the hearing officer determines that the administrative citation should be upheld, the hearing officer shall determine the amount of the fine to be imposed, and shall specify a date by which the fine is to be paid to the city.

C.

The recipient of the administrative citation shall be served a copy of the hearing officer's written decision by certified mail, return receipt requested.

(Ord. 932 N.S. § 2 (part), 2007)

Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date the fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

(Ord. 932 N.S. § 2 (part), 2007)

The city may collect any past-due administrative citation fine or late payment charge by use of any and all available legal means. The city may also recover its collections costs according to proof.

(Ord. 932 N.S. § 2 (part), 2007)

A.

The administrative citation and all notices required to be given by this chapter shall be served on the responsible party in substantially the same manner as set forth in this chapter.

B.

Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Ord. 932 N.S. § 2 (part), 2007)

Any person aggrieved by an administrative decision of the hearing officer regarding the disposition of an administrative citation may obtain review by filing a petition for review with the municipal court in accordance with the timelines and provisions set forth in Government Code Section 53069.4.

(Ord. 932 N.S. § 2 (part), 2007)