Chapter MH-2 — ADMINISTRATIVE FINES AND PENALTIES

Sections:

MH-1-2200 - ADMINISTRATIVE FINES AND PENALTIES.

Under Section 53069.4 of the Government Code, violations of this code are subject to administrative fines or penalties. This Chapter sets forth the procedures for the imposition, enforcement, collection and administrative review of the administrative fines or penalties.

(Ord. 4210 § 2 (part), 2004)

MH-1-2201 - ENFORCEMENT PROCEDURES.

The General Manager shall follow the procedures outlined below in the investigation and enforcement of violations of this title:

(a)

Notice to Comply. When it is determined by the General Manager that a violation of this title exists, all known responsible persons shall be notified by registered or certified mail of the nature of the violation. The Notice shall state that said responsible persons have ten (10) working days in which to correct the violation. The General Manager may extend the ten (10) working day period if he or she determines that reasonable progress is being made to correct the violation.

(b)

Notice to Appear. The General Manager or his or her authorized agent shall issue a Notice to Appear for office hearing to the responsible party in the following instances:

(1)

When the ten (10) working day period noted in Subsection (a) has lapsed and the violation has not been corrected;

(2)

When the extension period noted in Subsection (a) has lapsed and the violation has not been corrected;

(3)

Immediately upon observing the responsible party committing a violation of this title.

(c)

Office Hearing. The General Manager may conduct an office hearing at which the responsible person may present evidence concerning the noticed violation. No later than ten (10) days after the conclusion at the office hearing if the General Manager determines that there is a violation, the General Manager may impose fines or penalties under this Chapter by written decision giving the reasons for the decision.

(Ord. 4210 § 2 (part), 2004)

MH-1-2202 - RIGHT TO APPEAL.

If the owner or anyone in possession objects to the General Manager's findings of violation, the owner or person in possession may, within thirty (30) days of notification of the violation, file a written appeal to the Board of Directors.

(Ord. 4210 § 2 (part), 2004)

MH-1-2203 - APPEAL HEARING.

(a)

After timely receipt of an appeal filed pursuant to this Division, the Secretary to the Board of Directors will set the matter for hearing at least ten (10) days, but not later then sixty (60) days, from the date of receipt of the appeal. The Secretary will send written notice of the hearing to the appellant, the General Manager and any other party who has requested, in writing, such notification. The Board at its discretion may continue the hearing from time to time.

(b)

After hearing the matter, the Board of Directors may sustain, modify or reverse the decision of the General Manager. The Board of Directors shall render its decision within ten (10) days of the hearing unless the appellant concurs with a longer period.

(c)

Review of Final Administrative Decision. Twenty (20) days after the final administrative decision, a person contesting the decision may seek review in the Superior Court under Section 53069.4 of the Government Code.

(Ord. 4210 § 2 (part), 2004)

MH-1-2204 - ADMINISTRATIVE FINE OR PENALTY.

Every violation is subject to an administrative fine or penalty (1) not to exceed one hundred dollars ($100.00) for a first violation; (2) not to exceed two hundred dollars ($200.00) for a second violation of the same section of this code within one (1) year, and (3) not to exceed five hundred dollars ($500.00) for each additional violation of the same section of this code within one (1) year.

(Ord. 4210 § 2 (part), 2004)

MH-1-2205 - COLLECTION OF ADMINISTRATIVE FINE OR PENALTY.

The General Manager shall send the owner or person in possession of the property, notice of the administrative fine or penalty, which shall be due and payable within thirty (30) days or such other time as the General Manager indicates. If not paid, the administrative fine or penalty may be added to the water charge bill provided for in Section MH-5-3337 and may be collected in the same manner as water charge bills, including but not limited to water shut off.

(Ord. 4210 § 2 (part), 2004)