Every violation of a provision of this Code, the penalty for
which is defined as an "infraction" or "misdemeanor," shall be subject
to an administrative fine and/or penalty. The provisions of this chapter
relating to administrative fines and penalties are in addition to
all other legal remedies, criminal or civil, which may be pursued
by the City to address any violation of codes, ordinances, mandates,
regulations, resolutions, rules or other laws adopted by the City,
or other applicable State Codes. Use of this chapter shall be at the
sole discretion of the City and nothing in this chapter shall prevent
the City from initiating a civil, criminal or other legal or equitable
proceedings as an alternative to the proceedings set forth in the
administrative fine and/or penalty provisions of this chapter.
(15-08)
The following definitions shall apply for purposes of this chapter:
shall mean the ticket issued to a responsible person, by
any enforcement officer other than a peace officer or park ranger,
who has violated a provision of the City Codes.
shall mean the City of Claremont.
shall mean any codified or non-codified ordinance or law,
including, but not limited to, codes, ordinances, mandates, regulations,
resolutions, and laws, adopted by the City.
shall mean any individual who has completed a course of study
of the laws of arrest as outlined in Penal Code Section 832 and who
is employed or otherwise charged by the City to enforce City Codes.
shall mean the person designated by the City Manager or designee
to determine the validity of an administrative citation after the
person to whom the citation was issued requests a hearing.
shall mean any individual, other than a peace officer, who
is employed or otherwise charged by the City to enforce City Codes
and who has completed a course of study of the laws of arrest as outlined
in Penal Code Section 832.
shall mean a sworn officer of the City of Claremont Police
Department.
shall mean any individual who has violated any of the City
Codes or any individual or corporation, partnership, association or
other group or combination of individuals acting as an entity that
has an ownership or leasehold interest in real property, or has a
contractual obligation to lease or maintain real property, where a
violation of the City Codes has occurred or continues to occur.
shall mean the ticket issued to a person by a park ranger
or a peace officer.
(15-08)
It is unlawful for any person to violate any provision of the
City Codes. Whenever an enforcement officer, peace officer, or park
ranger finds that a provision of the City Codes has been violated,
the enforcement officer, peace officer, or park ranger may issue a
citation contemplated and allowed by this chapter to such person responsible
for the violation.
(15-08)
It is unlawful for any person to violate any provision of Chapter 12.26 of this Code. In addition to those authorized to enforce all provisions of this Code, if the City's designated arborist finds that a provision of Chapter 12.26 has been violated, the City's arborist may issue a citation contemplated and allowed by this chapter to such person responsible for the violation.
(15-11)
A.
Each
administrative citation shall state the fine and/or penalty owed to
the City as a result of the violation. The administrative citation
shall be in writing and may provide, at the enforcement officer's
discretion, a reasonable period of time of no more than 30 calendar
days, to correct or otherwise remedy the violation prior to the effective
date of an administrative fine and/or penalty. If the citation contains
a discretionary period of time in which to remedy the violation, and
if the person cited provides proof to the City Manager or designee,
that the violation has been corrected or otherwise remedied within
the period of time allotted for correction, then no fines or penalties
shall be assessed and the administrative citation shall be deemed
null and void.
B.
Each
administrative citation issued to a person shall contain, in a form
determined by the City, the following:
1.
The
date of the violation.
2.
The
address or a legal description of the location where the violation
occurred.
3.
The
section of the City Codes violated and a description of the violation.
4.
A
description of the action required to correct the violation, if applicable.
5.
The
number of days provided to correct or otherwise remedy the violation
prior to the imposition of fines and/or penalties, if applicable.
6.
The
amount of the fine and type of penalty assessed for the violation.
7.
A
description of the fine/penalty payment process, including a description
of the time within which and the place to which the fine and/or penalty
shall be paid.
8.
An
order prohibiting the continuation or repeated occurrence of the violation
described in the administrative citation.
9.
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 may be obtained.
10.
The name and signature of the citing enforcement officer.
C.
Service
of the administrative citation shall be made by: (1) personal service
on the person in any of the various ways that a person may be served
with a summons in a civil action pursuant to California Code of Civil
Procedure Section 415.10, as such may be amended from time to time;
or (2) first class mail. When mail is used, service shall be complete
at the time the citation is deposited into the United States mail;
or (3) in instances when personal service or first class mail is not
possible, then service shall be provided by publishing a notice in
a newspaper of general circulation and posting an 8-1/2″ x
11″ enlargement of the administrative citation in a conspicuous
location on or in front of the property.
D.
The
City Manager shall have the authority to retract any administrative
citation that he or she determines was erroneously issued. A log of
all administrative citations that are retracted shall be maintained
by the City.
(14-07; 21-06)
A.
Whenever
the enforcement officer determines that a violation of the City Codes
or applicable State Codes exists, the enforcement official may issue
a notice of violation to a responsible person which may include the
property owner and/or a financial institution with an interest in
the land. The notice of violation shall include the following information:
1.
The
street address of the property;
2.
The
name of the property's owner of record;
3.
The
code sections in violation;
4.
A
description of the property's condition which violates the applicable
codes;
5.
A
list of necessary corrections to bring the property into compliance;
6.
A
deadline or specific date to correct the violations listed in the
notice of violation;
7.
Reference
to the potential consequences should the property remain in violation
after the expiration of the compliance deadline including, but not
limited to, administrative abatement, civil penalties, revocation
of permits, recordation of the notice of violation, the withholding
of future municipal permits, criminal prosecution and civil injunction.
B.
Once
the enforcement officer has issued a notice of violation to any person
and the property remains in violation after the deadline established
in the notice of violation, the enforcement officer may record a notice
of violation with the recorder's office of Los Angeles County.
1.
Before recordation, the enforcement officer shall provide to the responsible person a letter stating that a notice of violation will be recorded, unless a written request to appeal pursuant to the procedures outlined in subsection D is filed. The letter shall be served pursuant to any of the methods of service set forth in subsection C. The enforcement officer may also send a courtesy copy of the letter to any applicable financial institution.
2.
If
the enforcement officer does not receive the written request to appeal
pursuant to the procedures set forth below, the enforcement officer
may record the notice of violation if the violations remain.
3.
The
recorded notice of violation shall include the name of the property
owner, the property's assessor's parcel number, the parcel's legal
description, and a copy of the latest notice of violation.
C.
A copy
of the recorded notice of violation shall be served on the responsible
person and property owner pursuant to any of the methods of service
set forth as follows:
1.
Posting
a notice in a conspicuous place on or in front of the property in
question and by either one of the following methods:
a.
By personal service on the owner(s); or
b.
By first class mail addressed to the owner(s) of the property at
their last-known address. If there is no known address for the owner,
lessee, occupant and other person having charge or control of the
property, the notice shall be sent to the property address. Service
shall be completed at the time of deposit into the United States mail.
D.
E.
Appeal
hearing shall be as follows:
1.
Upon receiving a written appeal, the enforcement officer shall request the City Manager appoint a hearing officer and schedule a hearing pursuant to Section 8.16.080 of this title. The purpose of the hearing is for the responsible person or property owner to state any reasons why a notice of violation should not be recorded.
2.
At
the appeal hearing, the hearing officer shall only consider evidence
that is consistent with the City Manager's rules and procedures for
administrative enforcement hearings and that is relevant to the following
issues:
a.
Whether the conditions listed in the notice of violation violate
City Codes or applicable State Codes; and
b.
Whether the enforcement officer afforded the responsible person with due process by adhering to the notification procedures specified in Section 8.16.080 of this Code.
c.
If the enforcement hearing officer affirms the enforcement official's
decision, the enforcement officer may proceed to record the notice
of violation.
d.
If the hearing officer determines that the recordation is improper,
the hearing officer shall invalidate the enforcement officer's decision
to record the notice of violation.
F.
Notice
of compliance procedures shall be as follows:
1.
When
the violations listed on the notice of violation have been corrected,
the responsible person or property owner may file with the enforcement
officer a written request for a notice of compliance.
2.
Once
the enforcement officer receives this request, the enforcement official
shall re-inspect the property within 30 calendar days to determine
whether the violations listed in the notice of violation have been
corrected and whether all necessary permits have been issued and final
inspections have been performed.
3.
The enforcement officer shall serve a notice of compliance to the responsible person or property owner in the manner provided in subsection C of this chapter if the enforcement officer determines that:
a.
All violations listed in the recorded notice of violation have been
corrected; and
b.
All necessary permits have been issued and finalized; and
c.
All civil penalties assessed against the property have been paid;
and
d.
The party requesting the notice of compliance has paid an administrative
fee to reimburse the city for all administrative costs.
4.
Administrative
costs may include costs incurred in the investigation, inspection,
re-inspection, title search, appeal hearing and any other processing
costs associated with the violations specified on the notice of violation.
G.
If the enforcement officer denies a request to issue a notice of compliance, the enforcement officer shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service set forth in subsection C of this section. The enforcement officer's decision denying a request to issue a notice of compliance constitutes the final decision in the matter and is not appealable.
H.
The
City of Claremont may withhold permits for any alteration, repair
or construction pertaining to any existing or new structures or signs
on the property identified in the notice of violation, or any permits
pertaining to the use and development of the real property or the
structure if a request to appeal has not been timely filed; or after
an enforcement hearing officer affirms the enforcement officer's decision
to record a notice of violation. The City of Claremont may withhold
permits until a notice of compliance has been issued by the enforcement
officer. The City of Claremont may not withhold permits which are
necessary to obtain a notice of compliance or which are necessary
to correct serious health and safety violations.
I.
The
Director shall issue a signed notice of compliance stating that it
cancels the notice of violation once all violations have been corrected
and all fines, penalties, and costs have been paid. The notice of
compliance shall be recorded by the City, or by the property owner
by the request of the property owner. The recordation of the notice
of compliance shall have the effect of canceling the recorded notice
of violation.
(14-07; 21-06)
A.
Each
police administrative citation shall assess a fine or penalty owed
to the City as a result of the violation. Each police administrative
citation shall be issued and delivered by a park ranger or peace officer
in-person to the responsible person at the time of the violation.
Each police administrative citation issued shall contain, in a form
determined by the City, the following:
1.
The
date of the violation.
2.
The
address or a legal description of the location where the violation
occurred.
3.
The
section of the City Codes violated and a description of the violation.
4.
The
amount of the fine and type of penalty assessed for the violation.
5.
A
description of the fine/penalty payment process, including a description
of the time within which and the place to which the fine and/or penalty
shall be paid.
6.
A
description of the police administrative citation appeal procedures,
including the time within which the police administrative citation
may be contested and the place from which a request for hearing may
be obtained.
7.
The
name and signature of the citing park ranger or peace officer.
B.
An appeal
of a police administrative citation shall follow the following procedure:
1.
For
a period of 21 calendar days from the date of issuance of a police
administrative citation, a person may request an initial review of
the police administrative citation by the City of Claremont Police
Department. The request may be made by telephone, in writing, or in-person.
There shall be no charge for this initial review. The request shall
include a detailed explanation as to why the police administrative
citation is being contested. The request shall contain an address
to which all notices and other correspondence concerning the request
shall be sent. The initial review shall be performed by City of Claremont
Police Department personnel designated by the Chief of Police. The
questions before the personnel designated to initially review a police
administrative citation shall be based upon all evidence reasonably
available to the reviewer, including any documentation or other evidence
in possession of the Police Department and any documentation or other
evidence provided by the person requesting the initial review, whether
the violation(s) of the City Codes listed on the police administrative
citation occurred; and whether the person who was issued the police
administrative citation is responsible for some or all of the violation(s)
of the City Codes listed on the police administrative citation. If,
following the initial review, the reviewer is satisfied that any listed
violation did not occur, or the police administrative citation was
written in error, the reviewer shall cancel the police administrative
citation, and notify all parties, including any designnee of the City
of Claremont Police Department as described in this section, if any,
of the cancellation. The City of Claremont Police Department shall
mail the results of the initial review to the person contesting the
police administrative citation by mail to the address provided by
the person at the time the request for the initial review was made,
and, if following that initial review, cancellation of the police
administrative citation does not occur, include a reason for that
denial and notification of the ability to request an administrative
hearing.
2.
If, after the initial review the police administrative citation is not wholly cancelled by the designated reviewer, and the person is satisfied with the results of the initial review, the fine and/or penalty on the police administrative citation shall become due and payable subject to the payment schedule and late fees outlined in Section 1.14.050(B) of this chapter. If, however, the person is dissatisfied with the results of the initial review, the person may request further review by way of an administrative hearing of the violation no later than 21 calendar days following the date of mailing of the results of the initial review. The request for an administrative hearing may be made by telephone, in writing, or in-person and shall include the address for which all communication regarding the administrative hearing shall be sent. The person requesting an administrative hearing shall deposit the full amount of the fine and/or penalty for the police administrative citation and shall deposit an administrative hearing fee with the City of Claremont Police Department or designee. The amount of the administrative hearing fee shall be established from time to time by resolution of the City Council. An administrative hearing shall be held within 60 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this section. The City of Claremont Police Department or designee shall provide notice of the administrative hearing either by mail or personal service to the person requesting the hearing at the address provided with the request for an administrative hearing. Service shall be completed at the time of personal service or at the time of deposit of such notice into the United States mail. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing.
3.
The
administrative hearing process shall include the following:
a.
The person requesting a hearing shall have the choice of a hearing
by mail or in-person. An in-person hearing shall be conducted within
the jurisdiction of the City of Claremont.
b.
If the person requesting a hearing is a minor, that person shall
be permitted to appear at a hearing or admit responsibility for the
police citation violation. However, the minor's parent or legal guardian
must also be present at the time of the administrative hearing. The
City of Claremont Police Department or designee may proceed against
the minor in the same manner as against an adult.
c.
The administrative hearing shall be conducted in accordance with
written procedures, including the recording and/or transcription of
the administrative hearing proceedings, as established by the City
of Claremont or designee insofar as they are not inconsistent with
this section. The hearing shall provide an independent, objective,
fair, and impartial review of the contested police citation violations.
The purpose of the administrative hearing is for the person who was
issued the police administrative citation to offer evidence to prove
that the violation listed in the police administrative citation did
not occur and that the person is not responsible for the violation.
At the administrative hearing, all persons contesting the validity
of a police administrative citation shall be given the opportunity
to testify and present evidence concerning the police administrative
citation. The hearing officer shall only consider evidence that is
relevant to whether the violation of the City Codes listed on the
police citation occurred and whether the person who was issued the
police administrative citation is responsible for the violation of
the City Codes listed on the police administrative citation.
i.
Hearing Officers/Examiners shall demonstrate those qualifications,
training, and objectivity necessary to conduct a fair and impartial
review. An examiner shall not be employed, managed, or controlled
by an individual whose primary duties are the enforcement of municipal
codes or municipal code citation, processing, collection, or issuance.
The examiner shall be separate and independent from the police administrative
citation collection or processing function. An examiner's continued
employment, performance evaluation, compensation, and benefits shall
not, directly or indirectly, be linked to the amount of fines collected
by the examiner or the percentage of police administrative citations
that the examiner affirms. Examiners shall have a minimum of 20 hours
of training. The examiner is responsible for the costs of the training.
The City of Claremont or designee may reimburse the examiner for those
reasonable training costs. Training may be provided through: (A) an
accredited college or university; (B) a program conducted by the Commission
on Peace Officer Standards and Training; (C) the American Arbitration
Association or a similar established organization; or (D) through
any program approved by the City Manager of the City of Claremont,
including a program developed and provided by, or for, the City of
Claremont.
ii.
Training programs may include topics relevant to the administrative
hearing, including, but not limited to, applicable laws and regulations,
municipal code enforcement procedures, due process, evaluation of
evidence, hearing procedures, and effective oral and written communication.
Upon the approval of the City of Claremont Police Department or designee,
up to 12 hours of relevant experience may be substituted for up to
12 hours of training. In addition, up to eight hours of the training
requirements described in this subparagraph may be credited to an
individual, at the discretion of the City of Claremont Police Department
or designee, based upon training programs or courses described in
subsections (B)(3)(c)(i)(A) to (D), inclusive, that the individual
attended within the last five years.
4.
The
park ranger or peace officer who issues a police administrative citation
shall not be required to participate in an administrative hearing.
The City of Claremont Police Department shall not be required to produce
any evidence other than the police citation or copy thereof. The documentation
in proper form shall be prima facie evidence of the violation.
5.
After
considering all of the testimony and evidence submitted at the administrative
hearing, the hearing officer shall issue a written decision to affirm
or cancel the police administrative citation. The written decision
shall include the hearing officer's findings for that decision, as
well as information regarding the recipient's appeal rights to the
courts. The recipient of the police administrative citation shall
be served with a copy of the hearing officer's written decision either
in-person or by first class mail to the address provided by such recipient
at the time of the request for the administrative hearing. The decision
of the hearing officer shall be the City's final administrative decision.
6.
If
the hearing officer determines that the police administrative citation
should be affirmed, the fine and/or penalty and hearing fee amount
on deposit with the City of Claremont Police Department or designee
shall be retained.
7.
If
the hearing officer determines that the police administrative citation
should be canceled, the fine and/or penalty shall be deemed null and
void and the fine and/or payment and hearing fee deposit shall, within
30 calendar days, be refunded to the person. No hearing costs shall
be assessed against the person.
8.
The
failure of a person who has been issued a police administrative citation
to request an initial review of a police administrative citation or
to request an administrative hearing after the initial review as provided
in this section shall constitute a waiver of the person's right to
an initial review and to an administrative hearing and the City shall
have the right to collect the fine or penalty prescribed on the police
administrative citation in accordance with this chapter, which right
shall be unaffected by the person's failure to request a hearing.
9.
Failure
of the person contesting the police administrative citation to appear
at the administrative hearing shall constitute forfeiture of the fine
and/or penalty, and hearing fee, on deposit and paid, and a failure
to exhaust his or her administrative remedies.
10.
The hearing officer may continue the administrative hearing from
time to time. In addition, the hearing officer may request additional
information or evidence from the peace officer, park ranger, or the
recipient of the police administrative citation prior to issuing a
written decision.
(15-08; 21-06)
The amount of fines and penalties for violations of City Codes
imposed pursuant to this chapter shall be established by resolution
of the City Council.
(14-07)
A.
All
fines and penalties pursuant to any administrative citation shall
be paid to the City within 30 calendar days from the effective date
of the administrative citation. The effective date of an administrative
citation shall be the date the citation is issued, unless the enforcement
officer granted an opportunity for the person cited to correct the
violation. Where a correction period has been granted, the effective
date of the administrative citation shall be on the final date of
the correction period, if the person has not corrected the violation.
Nothing in this subsection shall in any way prohibit the City from
using all available legal means to collect any past due fines, penalties
and other costs, including late fees, related to issuing administrative
citations and collecting the fines and penalties therefor.
B.
All
fines and penalties pursuant to any police administrative citation
shall be paid to the City within 21 calendar days from the date of
issuance of the police administrative citation or, if the person requests
an initial review of the police administrative citation and the initial
review does not result in the cancellation of the police administrative
citation and no further administrative hearing is requested by the
person as provided in this chapter, within 21 calendar days from the
date on which the City of Claremont Police Department mails the results
of the initial review to the person contesting the police administrative
citation. The failure of any person to pay in full the fine or penalty
assessed by any police administrative citation within the time periods
prescribed by this section, shall result in the assessment of a separate
late fee to the person as penalty for failure to timely pay the police
administrative citation fine or penalty. The amount of this late fee
shall be 50% of the original fine or penalty assessed by the police
administrative citation for the first 24 days after the expiration
of the original time period prescribed by this section for payment
of the original fine or penalty (a total of 45 calendar days), or,
if the fine or penalty assessed by the police administrative citation
continues to remain unpaid in full after these 45 calendar days, the
amount of the late fee shall be 100% of the original fine or penalty
assessed by the police administrative citation and shall remain this
amount for every day thereafter. Nothing in this subsection shall
in any way prohibit the City from using all available legal means
to collect any past due fines, penalties and other costs, including
late fees, related to issuing police administrative citations and
collecting the fines and penalties therefor.
C.
Any
administrative citation or police administrative citation fine or
penalty paid pursuant to this chapter shall be refunded if it is determined,
after hearing, that the person charged was not the person responsible
for the violation or there was no violation as charged in the administrative
citation or police administrative citation.
D.
Payment
of a fine or penalty under this chapter shall not excuse or discharge
any continuation or repeated occurrence of a violation of the City
Codes that is the subject of an administrative citation or police
administrative citation.
E.
The
City may use all available legal means to collect any past due fines,
penalties and other costs related to issuing the administrative citations
and police administrative citations and collecting the fines and penalties,
including, but not limited to, contracting with collection agencies,
filing liens and seeking judgments in court.
(15-08)
A.
Any
person issued an administrative citation by an enforcement officer
may contest that a violation of the City Code has not occurred or
that he or she is not responsible for the violation. A person cited
may request an administrative hearing by filing a written request
for hearing no later than 15 calendar days from the effective date
of the administrative citation. The written request shall include
a detailed written explanation as to why the administrative citation
is being contested.
B.
The person to whom an administrative citation is issued shall deposit the amount of the fine and/or penalty specified on the administrative citation with the City Clerk at the time he or she returns the request for hearing form, or he or she shall request an advance deposit hardship waiver pursuant to Section 1.14.070 of this chapter.
C.
The
person requesting the hearing shall be notified of the time and place
set for the hearing at least 10 calendar days prior to the date of
the hearing. The hearing shall be set for a date that is not less
than 15 calendar days from the date that a completed request for administrative
hearing is filed in accordance with the above provisions.
D.
No hearing
shall be held unless and until the fine or penalty has been deposited
with the City Clerk or an advance deposit hardship waiver has been
issued. If the person contesting an administrative citation prevails
in a challenge to the citation, the City shall within 30 calendar
days refund the full amount of the fine or penalty deposited.
(14-07)
A.
Any
person who intends to request an administrative hearing, with respect
to an administrative citation only, and is financially unable to make
the advance deposit of the fine or penalty as required herein, may
file a request for an advance deposit hardship waiver.
B.
A person
may request an advance hardship waiver by completing an advance deposit
hardship waiver form and returning the form to the City Clerk.
C.
The
City Manager may waive the requirement of an advance deposit and issue
the advance deposit hardship waiver only if the applicant submits
the required advance deposit hardship waiver form and includes a sworn
affidavit and any supporting documents or materials demonstrating
to the satisfaction of the City Manager that it would be a significant
financial detriment on the recipient of the administrative citation
to deposit the full amount of the fine or penalty in advance of the
hearing. The requirement for depositing the full amount of the fine
or penalty shall be sustained unless or until the City Manager makes
this determination. In making this determination, the City Manager
shall use the same criteria used by the courts to determine whether
to waive filing fees. The City Clerk shall serve written notice of
the City Manager's determination on the recipient of the administrative
citation by first class mail. Service shall be deemed complete at
the time the notice is deposited into the mail and addressed to the
person at the address indicated on the administrative hearing request
form. The notice shall include a brief description of the reasons
for the City Manager's determination to issue or not issue the advance
deposit hardship waiver. The written determination of the City Manager
shall be final.
D.
If the
City Manager determines not to issue an advance deposit hardship waiver,
the recipient of the administrative citation shall remit the deposit
amount to the City Clerk within 10 days of service of that decision,
or 30 calendar days from the date of the administrative decision,
whichever is sooner.
(14-07; 21-06)
The City Manager shall designate the hearing officer for the
administrative citation hearings.
(14-07)
A.
All hearings on administrative citations shall be held before the hearing officer designated pursuant to Section 1.14.080 of this chapter.
B.
At the
hearing, all persons contesting the validity of an administrative
citation shall be given the opportunity to testify and present evidence
concerning the administrative citation.
C.
If the
enforcement officer submits an additional written report concerning
the administrative citation to the hearing officer, then a copy of
this report shall be served on the person requesting the hearing by
first class mail at least five calendar days prior to the date of
the hearing. Service shall be deemed complete at the time the report
is deposited into the mail and addressed to the person at the address
indicated on the administrative hearing request form.
D.
Failure
of the party contesting the administrative citation to appear at the
hearing shall constitute forfeiture of the fine and a failure to exhaust
his or her administrative remedies.
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 from time to time and provide
the person with additional time in which to remedy the violation.
In addition, the hearing officer may request additional information
or evidence from the enforcement officer or the recipient of the administrative
citation prior to issuing a written decision.
G.
All
hearings shall be recorded by a video or audio device, unless the
City decides to utilize a court reporter. If a court reporter is not
utilized, the City is not required to provide transcriptions of any
hearings, but is required to make the video or audio tape(s) available
to the person cited within 30 days after the hearing. The City may
charge a reasonable fee for reproducing the tapes. If a court reporter
is utilized, the recipient of the administrative citation may obtain
a copy of the transcript upon payment of any applicable reasonable
fees or costs. The City may destroy such tapes or transcripts following
the time during which any and all appeals of the administrative citation
shall have been made.
H.
The
hearings need not be conducted in accordance with technical rules
of evidence. Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence, but shall not be sufficient in
itself to support a finding unless it would be admissible over objection
in a civil action in a California court of competent jurisdiction.
Any relevant evidence shall be admitted if it is the type on which
reasonable persons are accustomed to rely in the conduct of serious
affairs, regardless of the existence of any common law or statutory
rule which might consider such admission improper in a civil action.
Oral evidence shall be taken only on oath or affirmation. Irrelevant
or unduly repetitious evidence shall be excluded.
I.
After
considering all of the testimony and evidence submitted at the hearing,
the hearing officer shall issue a written decision to affirm or cancel
the administrative citation. The written decision shall include the
hearing officer's findings for that decision, as well as information
regarding the recipient's appeal rights to the courts. The recipient
of the administrative citation shall be served with a copy of the
hearing officer's written decision by first class mail. The decision
of the hearing officer shall be the City's final administrative decision.
J.
If the
hearing officer determines that the administrative citation should
be affirmed, the fine and/or penalty amount on deposit with the City
shall be retained by the City. In addition, the hearing officer shall
assess the hearing costs associated with holding the hearing.
K.
If the
hearing officer determines that the administrative citation should
be upheld, but the fine and/or penalty 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 and/or penalty
as well as the hearing costs associated with holding the hearing.
L.
If the
hearing officer determines that the administrative citation was erroneously
issued, the fine or penalty shall be deemed null and void and the
City shall, within 30 calendar days, refund the amount of the deposited
fine or penalty. In addition, no hearing costs shall be assessed by
the City.
(14-07; 21-06)
The administrative and police citation processes described in
this chapter do not preclude the City from recovering any City Code
violation or nuisance abatement costs, including attorneys' fees as
provided by this Code, incurred by the City in performing its code
enforcement and nuisance abatement efforts pursuant to this Code.
(14-07)
Any person aggrieved by the administrative decision of a hearing
officer may obtain review of the administrative decision by filing
a petition for review with the Superior Court in Los Angeles County
in accordance with the provisions set forth in California Government
Code Section 53069.4.
(14-07)
Any and all notices or decisions required to be given by the
administrative provisions of this chapter for administrative citations,
as the term is defined in this chapter, shall be served on the person
cited by first class mail. The notices or decisions shall be addressed
to the recipient at the last known address for that person, including
the address provided on forms or writings required by the administrative
provisions of this chapter. Personal service may be substituted for
mailed notice any time. Actual notice shall be deemed adequate notice
regardless of the method of service. Failure to receive any notice
shall not affect the validity of any proceedings conducted hereunder.
(14-07; 21-06)
