San Jose Municipal Code Part 4 Administrative Citations for Violations of Curfew Hour Restrictions

A. This part provides for administrative citations that are in addition to all other legal remedies that may be pursued by the city to address any violations of this chapter.

B. Use of this part shall be at the sole discretion of the city.

(Ord. 27000.)

A. Whenever The director determines that a violation of this chapter has occurred, the director shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The section of this chapter violated and a description of the violation;

3. The amount of the fine for the code violation;

4. 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;

5. An order prohibiting the repeated occurrence of the code violation described in the administrative citation;

6. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

7. The name and signature of the director.

(Ord. 27000.)

The fine amount for code violations imposed pursuant to this chapter shall be two thousand five hundred dollars.

(Ord. 27000.)

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

B. Any administrative citation fine paid pursuant to Subsection A shall be refunded in accordance with Section 25.03.470.D. if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

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

(Ord. 27000.)

A. Any recipient of an administrative citation may contest that there was a violation of this chapter or that he or she is the responsible party by completing a request for hearing form and returning it to the director within thirty days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 25.03.450.

B. A request for hearing form may be obtained from the director.

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

D. If airport staff submits an additional written report concerning the administrative citation for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.

(Ord. 27000.)

A. Any person who intends to request a hearing to contest that there was a violation of this chapter, or that he or she is the responsible party, and who is financially unable to make the advance deposit of the fine as required in Section 25.03.440.A. may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the director on an advance deposit hardship waiver application form, available from the director, within fifteen days of the date of the administrative citation.

C. The requirement of depositing the full amount of the fine as described in Section 25.03.440.A. shall be stayed unless and until the director makes a determination not to issue the advance deposit hardship waiver.

D. The director may waive the requirement of an advance deposit set forth in Section 25.03.440.A. and issue the advance deposit hardship waiver only if the cited party submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.

E. If the director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten days of the date of that decision or thirty days from the date of the administrative citation, whichever is later.

F. The director shall issue a written determination listing the reasons for the director's determination to issue or not issue the advance deposit hardship waiver. The written determination of the director shall be final.

G. The written determination of the director shall be served upon the person who applied for the advance deposit hardship waiver.

(Ord. 27000.)

A. The airport commission shall conduct the administrative citation hearing for violations of this chapter pursuant to this section and any rules and procedures for the conduct of hearings as adopted by the airport commission.

B. No hearing to contest an administrative citation before the airport commission shall be held unless the fine has been deposited in advance in accordance with Section 25.03.440.A. or an advance deposit hardship waiver has been issued in accordance with Section 25.03.450.

C. A hearing before the airport commission shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

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

E. 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.

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

G. The airport commission may continue the hearing and request additional information from the director or the recipient of the administrative citation prior to issuing a written decision.

(Ord. 27000.)

A. After considering all of the testimony and evidence submitted at the hearing, the airport commission shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the airport commission shall be final.

B. If the airport commission determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.

C. If the airport commission determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the airport commission shall set forth in the decision a payment schedule for the fine.

D. If the airport commission determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the city's portfolio for the period of time that the fine amount was held by the city.

E. The recipient of the administrative citation shall be served with a copy of the airport commission's written decision.

(Ord. 27000.)

Any person who fails to pay to the city the amount of any fine imposed pursuant to the provisions of this chapter on or before the date that fine amount is due shall be liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to ten percent of the amount of the fine due to the city, or ten percent of the amount of the fine remaining unpaid to the city if a portion of the fine amount was timely paid. Interest shall accrue on all delinquent fine amounts, exclusive of delinquency penalties, at the rate of one half of one percent per month, pro rata, of the total delinquent fine amount, from the date the fine amount becomes delinquent until the date that all delinquent fine amounts are paid to the city.

(Ord. 27000.)

A. The city may collect any past due administrative citation fine or late payment charge by use of all available legal means.

B. Any person who fails to pay any past due administrative citation fine or late payment charge shall be liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including but not limited to administrative costs and attorneys' fees.

C. Collection costs shall be in addition to any penalties, interest, and/or late charges imposed upon the past due administrative citation fine.

D. Collection costs imposed under this section shall be added to and become a part of the underlying administrative citation fine.

(Ord. 27000.)