A. Notwithstanding the provisions in Section 9.40.040.A., any violation of any of the provisions of this Chapter may be, but is not required to be, prosecuted as an administrative citation procedure pursuant to this Section.
B. Any enforcement official may issue an administrative citation to any responsible party whom the enforcement official determines has violated any Section of this Chapter.
C. The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible party. If a responsible party of person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.
D. The administrative citation shall contain at a minimum the following:
1. The date and location of the violation and the approximate time the violation occurred.
2. The Code Section violated and a description of how the Section was violated.
3. The amount of the fine imposed for the violation and the time within which and the place at which the fine shall be paid.
4. An order prohibiting another occurrence of the Code violation.
5. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation.
6. The name and signature of the citing enforcement official.
E. Administrative Fine. The administrative fine in the amount set forth in Section 9.40.040.A., or such other amount as may be set from time to time by resolution of the City Council, shall be paid to the City within thirty (30) calendar days from the date of service of the administrative citation.
F. Any responsible party to whom an administrative citation is issued may contest the citation no later than thirty (30) days from the date of service of the administrative citation by:
1. Completing and returning to the City a request for hearing form, which may be obtained from the City Clerk, or other written notice of appeal that contains a specific identification number of the subject citation, the name and address of the appellant, a statement in ordinary and concise language of the specific(s) or action protested and the grounds for contesting the citation, together with all material facts in support thereof, and the date and signatures of the appellant; and
2. Depositing the administrative fine with the City.
G. The person requesting the hearing shall be provided written notice of the time and place of the hearing at least five (5) calendar days before the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his/her address shown on the written notice of appeal. The City shall set the date and time for the administrative hearing not less than seven (7) calendar days and not more than ninety (90) calendar days from the date the notice of appeal is filed and the administrative fine is deposited with the City, provided, however, that no hearing to contest an administrative citation shall be held unless the full penalty amount has been deposited in advance. The administrative hearing will be conducted by the City Manager or his/her designee. If the responsible party fails to attend the scheduled hearing, the hearing will proceed without the responsible party; and he or she will be deemed to have waived his or her right to an administrative hearing.
H. Within ten (10) days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. The administrative hearing officer shall set forth the reasons for the decision. The decision shall be served upon the responsible party. If the administrative hearing officer upholds the administrative citation, the City shall retain the fine deposited by the responsible party. If the administrative hearing officer cancels the administrative citation, the fine deposited with the City shall be promptly refunded. The administrative hearing officer's written decision is final, and he/she shall notify the responsible party of his or her right to appeal as provided herein.
I. The City may collect any past due administrative fine by use of any available legal means.
J. Appeal of Decision of Administrative Hearing Officer. Within twenty (20) days after service of the decision of the administrative hearing officer upon the responsible party, he or she may seek review of the decision by filing a notice of appeal with the municipal court. The responsible party shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the responsible party fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed.
K. Penalties. Failure to pay an administrative fine is a violation of this Code. Filing a criminal action does not preclude the City from using any other legal remedy available to gain compliance with the administrative order.
[Ord. No. 500, 9/8/10]