A. 
Any recipient of an administrative citation may contest that there was a violation of this code or an ordinance of the City, or that he or she is the responsible party, by completing a request for hearing form and returning it to the City within 21 days from the date set forth on 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 CMC § 18.04.100. A request for hearing form may be obtained from the office of the City Clerk.
B. 
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.
C. 
In the event 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 shall also be served on the person requesting the hearing at least five days prior to the date of the hearing.
(Ord. 2018-02, 2018)
A. 
Any person who intends to request a hearing to contest whether a municipal code or ordinance violation occurred, 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 CMC § 18.04.080 may file a request for an "advance deposit hardship waiver."
B. 
The request shall be filed with the City Administrator on an "advance deposit hardship waiver" application form, available from the office of the City Clerk, within 10 days of the date of the administrative citation.
C. 
The requirement to deposit the full amount of the fine as described in CMC § 18.04.080 shall be stayed unless or until the City Administrator makes a determination not to issue the "advance deposit hardship waiver."
D. 
The City Administrator may waive the requirement of an advance deposit set forth in CMC § 18.04.090 and issue the "advance deposit hardship waiver" only if the cited party submits to the City Administrator a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City Administrator 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 City Administrator determines not to issue an "advance deposit hardship waiver," the cited individual or entity shall be notified of the denial and thereafter be required to remit the deposit to the City within 10 days of the date of that decision or 21 days from the date of the administrative citation, whichever is later.
F. 
The City Administrator 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 City Administrator shall be final.
G. 
The written determination of the City Administrator shall be served upon the person who filed the request for an "advance deposit hardship waiver." This determination shall be subject to judicial review pursuant to the Code of Civil Procedure, Section 1094.5, and the time limit of requesting judicial review is hereby set at 21 calendar days.
(Ord. 2018-02, 2018)
The presiding officer of the Hearing Officer Panel shall, by random lot, designate one of the three members of the Hearing Officer Panel to be the hearing officer for each administrative citation hearing. Should the designated hearing officer be disqualified for cause or should that hearing officer otherwise be unable to conduct the hearing, the presiding officer shall, by random lot, designate a successor hearing officer from available members of the Hearing Officer Panel.
(Ord. 2018-02, 2018)
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 CMC § 18.04.080, or an "advance deposit hardship waiver" has been issued in accordance with CMC § 18.04.100.
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. The hearing officer shall have sole discretion to grant any request for continuance of the hearing.
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. The City shall submit its report on the alleged violation, setting forth a detailed recommendation as to relevant findings and conclusions that flow from the facts presented and a recommended decision based upon those findings and conclusions. This report shall meet the standards for administrative findings set forth in Topanga Assn. for a Scenic Community v. County of Los Angeles, 11 Cal.3d 506 (1974).
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 their 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 question witnesses and/or request additional information from the enforcement officer or the recipient of the administrative citation prior to closing the hearing.
(Ord. 2018-02, 2018)
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 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. If 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.
C. 
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. This procedure shall not require the authorization of the City Council as set out in the Carmel Municipal Code refund policy CMC § 3.06.060 (Return of funds). In the event the fine has not been deposited, the hearing officer shall cancel the obligation to tender the fine.
D. 
The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision. A copy of the decision shall be forwarded to all members of the Hearing Officer Panel.
(Ord. 2018-02, 2018)
Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in Monterey County in accordance with the timelines and provisions set forth in the California Government Code.
(Ord. 2018-02, 2018)