This chapter sets forth the procedures for the following types of hearings:
A. 
Hearings on appeals from any administrative citation, order, permit, or other action of the City;
B. 
Hearings required or authorized by this code or other law without an appeal; and
C. 
Hearings provided for in this code where no other procedures are specified.
(Ord. 554 § 3, 2019)
A. 
Except as otherwise provided in this code, any recipient of an administrative citation may appeal that there was a violation of the municipal code, condition of approval of a permit or entitlement, condition or provision of an environmental review, or term or condition of any City agreement, or that he or she is the responsible person by completing a request for hearing form and returning it to the office of the City Clerk within 30 days from the date of service of the administrative citation, unless a different time is specified in this code or in the administrative citation. A citation may specify a different time to appeal and seek a hardship waiver if a consideration of the factors in Section 1.08.020 justifies a different time to appeal.
B. 
The request for hearing form must be accompanied by an advanced deposit of the fine, payment of an appeal fee in an amount established by resolution of the City Council, or a request for hardship waiver pursuant to Section 1.14.020 of this chapter. To be effective, the form requesting the hearing and hardship waiver, if any, together with all supporting documentation must be received by the office of the City Clerk, unless a different time is specified in the citation in accordance with subsection A, no later than one day prior to the compliance deadline in the administrative citation, or if the administrative citation does not specify a deadline, within no more than 25 days after the date of service of the administrative citation in accordance with Section 1.08.030 or within 30 days after the date of the administrative citation, whichever is later.
C. 
Any administrative citation fine which has been deposited must be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.
(Ord. 554 § 3, 2019)
A. 
A person who files a request for a hearing pursuant to Section 1.14.010 may also request at the same time a hardship waiver of the fine deposit and any appeal fee. In order to initiate a hardship waiver request, the responsible person must check the box indicating this request on the administrative citation appeal form and attach a sworn affidavit stating the grounds for the request.
B. 
The City Manager will consider the sworn affidavit and supporting documents or materials, determine whether the information demonstrates that advanced deposit of the fine constitutes a financial hardship and will inform the responsible person in writing of whether the waiver was approved, by serving a determination on the responsible person in accordance with Section 1.08.030. The City Manager's determination is final and is not subject to appeal or judicial review.
C. 
If the hardship waiver is denied, the responsible person must pay the fine amount within 10 days of service of the denial. Failure to pay the fine by the time required is deemed an abandonment of the appeal and renders the fine delinquent.
(Ord. 554 § 3, 2019)
A. 
The procedures in this section apply to the following:
1. 
An appeal from any administrative citation, order, permit, or other action of the City; and
2. 
Hearings required or authorized by this code or other law without an appeal or where no other procedures are specified.
B. 
In​itiating a Hearing.
1. 
No hearing pursuant to subsection (A)(1) may be held unless and until a request for administrative hearing form has been completed and submitted, and the fine or appeal fee, if any, have been deposited in advance, or a hardship waiver application has been approved.
2. 
No hearing pursuant to subsection (A)(2) must be held if the responsible party waives the right to a hearing.
C. 
Sc​heduling a Hearing. Within 15 days after receipt of a request for an administrative hearing subject to subsection (A)(1) and accompanying deposit or waiver, or by a date mutually agreeable to the parties, the hearing officer will contact the appellant to schedule a hearing on the appeal. For hearings subject to subsection (A)(2), the hearing officer will schedule a hearing as required by the administrative citation, this code, or other applicable law.
D. 
Co​nducting the Hearing.
1. 
Th​e responsible person or his or her representative and any other interested party may attend the hearing. The hearing officer may consolidate hearings on multiple administrative citations issued to the same responsible person.
2. 
At​ or before a hearing held pursuant to subsection (A)(1), the responsible person must submit to the hearing officer copies of the citation, report, permit, order, or other City action at issue, and any other documents and evidence submitted or relied upon by the responsible person, and may submit any reasonable evidence relevant to whether an alleged violation occurred, whether the responsible person has caused or maintained the violation(s), and whether the City action at issue is supported by facts. No other discovery is permitted. Formal rules of evidence do not apply.
3. 
At​ or before a hearing held pursuant to subsection (A)(2), the City must submit to the hearing officer copies of the citation, report, permit, order, or other City action at issue. The responsible person may submit any other documents and evidence relevant to whether an alleged violation occurred, whether the responsible person has caused or maintained the violation(s), and whether the City action at issue is supported by facts. No other discovery is permitted. Formal rules of evidence do not apply.
E. 
Is​suing a Decision. The hearing officer may issue an oral decision at the conclusion of the hearing, and must issue a written decision, which may be on a City form. If the hearing officer determines that First Amendment rights are involved, the decision must be issued orally at the conclusion of the hearing and will be effective immediately. The written decision will be provided to the responsible person within 10 days after the hearing and either affirm the issuance of the administrative citation, or modify or dismiss the administrative citation. The decision must briefly state the reasons for the hearing officer's conclusion and reference any relevant facts supporting the decision, including, but not limited to, facts relevant to the criteria listed in Section 1.08.020.
1. 
If​ the hearing officer affirms the issuance of the administrative citation, then the City will retain the deposit. If a hardship waiver was granted, the decision may set forth a payment schedule for the fine.
2. 
If​ the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the City, then the City will refund the deposit within 10 days after the decision.
3. 
Th​e hearing officer may reduce a monetary penalty and impose conditions and deadlines to correct any violations or require payment of any outstanding penalties.
F. 
Fi​nalizing a Decision. The written decision of the hearing officer is the final action of the City, provided that the hearing officer is not the City Council, unless within 10 days of the issuance of the hearing officer's written decision, the responsible person files a request for a hearing before the City Council on such form as the City may prescribe. No appeal to the City Council is available where otherwise provided in this code.
(Ord. 554 § 3, 2019)
Any responsible party may obtain review of the final decision of the City on an administrative citation by filing a petition with the Superior Court of San Diego in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. Judicial review is not available without first participating in all hearing procedures as provided in this code.
(Ord. 554 § 3, 2019)
Failure to comply with any procedural requirement of this chapter, to receive any notice or decision specified in this chapter, or to receive any copy required to be provided by this chapter does not affect the validity of proceedings conducted hereunder unless the responsible person is denied constitutional due process thereby.
(Ord. 554 § 3, 2019)