A.
This chapter provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code. The code includes the Pleasanton Pioneer Cemetery Rules and Regulations, as amended, and adopted pursuant to Section 2.08.190.
B.
The
administrative citations process set forth in this chapter does not
apply to continuing violations of this code that pertain to building,
plumbing, electrical, or other similar structural or zoning issues.
(Ord. 1687 § 2, 1996; Ord. 2192 § 2, 2019)
For the purposes of this chapter, "enforcement officer"
shall mean any city employee or agent of the city with the authority
to enforce any provision of this code.
(Ord. 1687 § 2, 1996)
A.
Whenever
an enforcement officer charged with the enforcement of any provision
of this code determines that a violation of that provision has occurred,
the enforcement officer 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
address or a definite description of the location where the violation
occurred;
3.
The
section of this code violated and a description of the violation;
4.
The
amount of the fine for the code violation;
5.
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;
6.
An
order prohibiting the continuation or repeated occurrence of the code
violation described in the administrative citation;
7.
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
8.
The
name and signature of the citing enforcement officer. In a situation
where the enforcement officer was not able to personally witness the
violation, the enforcement officer may allow a third party who personally
witnessed the violation to sign the administrative citation.
(Ord. 1687 § 2, 1996; Ord. 2239 § 2, 2022)
A.
The
amounts of the fines for code violations imposed pursuant to this
chapter shall be set forth in the master fee schedule (on file in
the office of the city clerk) established by resolution of the city
council.
B.
The
schedule shall specify any increased fines for repeat violations of
the same code provision by the same person within 36 months from the
date of an administrative citation.
C.
The
schedule shall specify the amount of any late payment charges imposed
for the payment of a fine after its due date.
(Ord. 1687 § 2, 1996)
A.
The
fine shall be paid to the city within 30 days from the date of the
administrative citation.
B.
Any administrative citation fine paid pursuant to subsection A of this section shall be refunded in accordance with Section 1.24.100 of this chapter 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 continuation
or repeated occurrence of the code violation that is the subject of
the administrative citation.
(Ord. 1687 § 2, 1996)
A.
Any recipient of an administrative citation may contest that there was a violation of this code or that he or she is the responsible party by completing a request for hearing form and returning it to the city clerk within 30 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 1.24.070 of this chapter.
B.
A request
for hearing form may be obtained from the department specified on
the administrative citation.
C.
The
person requesting the hearing shall be notified of the time and place
set for the hearing at least 10 days prior to the date of the hearing.
D.
If the
enforcement officer submits an additional written report concerning
the administrative citation to the hearing officer 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. 1687 § 2, 1996)
A.
Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party and who, if financially unable to make the advance deposit of the fine as required in subsection 1.24.060(A) of this chapter, may file a request for an advance deposit hardship waiver.
B.
The
request shall be filed with the department of finance on an advance
deposit hardship waiver application form, available from the department
of finance, within 10 days of the date of the administrative citation.
C.
The requirement of depositing the full amount of the fine as described in Section 1.24.060(A) of this chapter shall be stayed unless or until the finance director makes a determination not to issue the advance deposit hardship waiver.
D.
The finance director may waive the requirement of an advance deposit set forth in Section 1.24.060(A) of this chapter 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
finance director determines not to issue an advance deposit hardship
waiver, the person shall remit the deposit to the city within 10 days
of the date of that decision or 30 days from the date of the administrative
citation, whichever is later.
F.
The
finance director shall issue a written determination listing the reasons
for his or her 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 finance director shall be served on the
person who applied for the advance deposit hardship waiver.
(Ord. 1687 § 2, 1996)
At any time before the hearing, if the enforcement officer determines that there was no violation as charged in the administrative citation or that the citation should be dismissed in the interest of justice, the enforcement officer shall dismiss the administrative citation, cancel the hearing, and refund any administrative citation fine paid pursuant to subsection A in accordance with Section 1.24.100 of this chapter.
(Ord. 1687 § 2, 1996)
The city manager shall designate the hearing officer for the
administrative citation hearing.
(Ord. 1687 § 2, 1996)
B.
A hearing
before the hearing officer shall be set for a date that is not less
than 15 days and not more than 60 days from the date that the request
for hearing is filed in accordance with the provisions of this chapter.
C.
At the
hearing, the party contesting the administrative citation shall be
given the opportunity to testify and to present evidence concerning
the administrative citation. For those administrative citations signed
by a third party who personally witnessed the violation, such third
party must appear to testify and present evidence concerning the administrative
citation.
D.
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 administrative remedies. The
failure of any third party who signed the administrative citation
to appear at the administrative citation hearing shall constitute
a withdrawal of such third party's complaint about the violation,
and the administrative citation shall be dismissed.
E.
The
administrative citation and any additional report submitted by the
enforcement officer shall constitute prima facie evidence of the respective
facts contained in those documents.
F.
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. 1687 § 2, 1996; Ord. 2239 § 2, 2022)
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 list 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, then the fine amount on deposit with the city shall be
retained by the city.
C.
If the
hearing officer determines that the administrative citation should
be upheld and the fine has not been deposited pursuant to an advance
deposit hardship waiver, the hearing officer shall set forth in the
decision a payment schedule for the fine.
D.
If the
hearing officer 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 hearing officer's written decision.
F.
The
employment, performance evaluation, compensation and benefits of the
hearing officer shall not be directly or indirectly conditioned upon
the amount of administrative citation fines upheld by the hearing
officer.
(Ord. 1687 § 2, 1996)
Any person who fails to pay to the city any fine imposed pursuant
to the provisions of this chapter on or before the date that fine
is due also shall be liable for the payment of any applicable late
payment charges set forth in the master fee schedule (on file in the
office of the city clerk).
(Ord. 1687 § 2, 1996)
The city may collect any past due administrative citation fine
or late payment charge by use of all available legal means.
(Ord. 1687 § 2, 1996)
Any person aggrieved by an administrative decision of a hearing
officer on an administrative citation may obtain review of the administrative
decision by filing an action with the Superior Court in Alameda County
in accordance with the timelines and provisions set forth in California
Government Code Section 53069.4.
(Ord. 1687 § 2, 1996; Ord. 2179 § 2, 2018)
A.
The
administrative citation and all notices required to be given by this
chapter 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 the public records or other records pertaining
to the matter to which such notice is directed.
B.
Failure
to receive any notice specified in this chapter does not affect the
validity of proceedings conducted hereunder.
(Ord. 1687 § 2, 1996)
