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.
C. Use of this chapter shall be at the sole discretion of the city, subject to subsection
B of this section.
(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)
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)
A. No hearing to contest an administrative citation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with Section
1.24.060 of this chapter or an advance deposit hardship waiver has been issued in accordance with Section
1.24.070 of this chapter.
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)
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)