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.010 The amount of the fines for violating particular provisions of this Code shall be as set forth in a schedule of fines adopted by resolution of the City Council of the City. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time. Unless such schedule of fines as adopted by said resolution of the City Council separately and specifically sets forth the amount of the fines for violations of Title 18 of the Anaheim Municipal Code relating to temporary or portable signs, flags, banners or balloons, the amount of the fine for any such violation shall be twice the otherwise applicable amount set forth in said schedule.
.020 The schedule of fines may also specify the amount of interest and/or late payment penalty, if any, owed for any fine not paid when due. Any interest and/or late payment penalty shall be imposed for fines not paid within thirty (30) days of their due date, or such other time as specified in the resolution adopting and specifying said interest and/or penalties.
.030 Fines are due on the date the citation is issued, except, when a fine deposit has been waived pursuant to Section 1.20.090 of this chapter and the Hearing Officer thereafter upholds the citation and the amount of the fine, in whole or part, the fine amount shall be due on the date notice of the decision is given to the citee by the Hearing Officer, as provided in this chapter.
.040 Any civil fine(s), penalties and interest due pursuant to this chapter shall be paid to the City Finance Department at such location or address as designated by the Manager.
.050 Payment of a civil fine shall not excuse the citee from correcting the Code violation for which the citation was issued. The issuance of a citation and/or payment of a fine does not bar the City from taking any other enforcement action regarding a Code violation that is not corrected, including issuing additional civil citations, nor bar any other civil or criminal enforcement action(s) as may be authorized by law for any uncorrected or subsequent violation of the same or any other Code provision.
.060 Any civil fine imposed pursuant to the provisions of this chapter shall be separate and apart from any reinspection fee(s) due pursuant to Section 1.01.389 or any other applicable provision of this Code. (Ord. 5930 1 (part); July 27, 2004: Ord. 6054 § 4; April 24, 2007.)
.010 Any person receiving a civil citation may contest it by filing a request for an administrative review within the time provided herein. To obtain an administrative review, the citee shall file a signed written application in the form prescribed by the City, specifying the grounds for contesting the citation and fine. A citee may only contest the citation on one or more of the following grounds: (i) by denying that a violation occurred, (ii) by denying that a violation was not corrected within any applicable correction period, (iii) by denying that the citee is a responsible person for the violation, or (iv) by denying that the circumstances warrant imposition of the fine(s) prescribed.
.020 Any application request for administrative review must be received by the City within thirty (30) days of the date the citation was issued, and be accompanied by a deposit of the full amount of the fine or an application for waiver of the fine deposit pursuant to Section 1.20.090 of this chapter. The request for administrative review shall not be accepted for filing, if not accompanied by either a deposit of the full amount of the fine or an application for waiver of the fine deposit which conforms to the provisions of Section 1.20.090. When an application for administrative review and fine deposit and/or an application for waiver of fine deposit are mailed by the citee, the application(s) and fine shall be deemed filed on the date received by the City. All applications shall be date stamped on the date received by the City. The Manager may reject any application which is not timely received by the City. (Ord. 5930 1 (part); July 27, 2004.)
.010 A person filing an application for administrative review may also request at the same time a waiver of the fine deposit on the grounds of financial hardship. To request such a waiver, the citee shall file with the City a signed written application in the form prescribed by the City, specifying the reasons the citee is unable to make the fine deposit at such time. Such application must be made within thirty (30) days of the date of the citation, and must accompany the request for administrative review made pursuant to Section 1.20.080 of this chapter.
.020 Within ten (10) days following the receipt of a timely application for waiver of the fine deposit, the Manager shall provide notice to the citee of the time, date and place of a hearing upon such application for waiver of the fine deposit, which hearing date shall be not sooner than ten (10) days nor later than (20) days following the date notice of such hearing is given to the citee.
.030 The citee bears the burden of establishing that he or she does not have the financial ability to make the fine deposit. The citee shall personally appear at the hearing and provide evidence sufficient to establish his or her inability to make the fine deposit. Failure of the citee to personally appear at the hearing shall constitute an abandonment of the application for waiver of the fine deposit.
.040 The request shall be decided by the Manager at a hearing which shall be held prior to the administrative review contesting the citation. Within ten (10) days following the conclusion of the hearing on the waiver request, the Manager shall issue a written decision that the fine deposit is or is not waived, and specifying the reasons therefor. The Manager shall consult with the Hearing Officer, and shall include with the notice of decision notice of the hearing date set for the administrative review, which shall be not sooner than ten(10) days nor more than thirty (30) days following the date notice of such decision is given by the Manager.
.050 If the waiver is denied, the Manager shall give the citee a self-addressed envelope to use in making the fine deposit. The citee shall mail or deliver the deposit in the envelope provided so that it is postmarked or personally delivered at least three (3) business days before the date designated for the administrative review hearing. The Manager is authorized to designate the address to which the deposit is to be mailed or delivered. Failure to make the deposit by the time required shall be deemed an abandonment of the contest.
.060 The filing of an application for hardship waiver of the fine deposit does not extend the time within which to request an administrative review or any other time set forth in this chapter, except as provided in subsection .050 above. The decision of the Manager on the waiver of the fine deposit is final and not subject to judicial review pursuant to Section 1.20.120. (Ord. 5930 1 (part); July 27, 2004.)
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