(A) A panel of at least three members of the Board of Administrative Appeals shall constitute the "Administrative Review Panel" ("ARP"). The ARP shall be available, at such times as the ARP shall determine, to review the issuance of citations and the proposed imposition of administrative fines. The ARP shall conduct an informal administrative hearing, without the use of the formal rules of evidence, to determine whether the citation was properly issued as a result of a code violation, whether more time should be granted for compliance, and whether the amount of the proposed administrative fine should be reduced or waived. At the administrative hearing, a copy of the city's document or instrument, file, photographs, or other written material shall be admitted as prima facie evidence of the facts stated therein, and it shall not be required to have the issuing employee attend the administrative hearing. An appellant must achieve a majority vote of the ARP members present in his or her favor to win the appeal.
(B) In the case of an appeal of an administrative citation, an advance deposit in the full amount of the fine imposed by the administrative citation shall be submitted with the written appeal request. Upon receiving a request for an administrative hearing, the ARP or its designee shall notify the requesting party in writing of the time, date and place of the administrative hearing. Such hearing may be continued from time to time for good cause but not to exceed a maximum of 60 days from the initial hearing.
(C) Decisions shall be made by majority vote of the ARP, which may be taken and announced subsequent to the hearing. The decision of the ARP shall be final and conclusive for the city as to the imposition of the administrative fine. The ARP or its designee shall notify the person or entity to which the citation was issued in writing as to the decision regarding the matter, including whether the advance deposit collected pursuant to division (B) of this section, or a portion thereof, is forfeited as payment of the administrative citation or all or a portion thereof will be returned, notifying the appellant of the deadline for payment of any fine or penalty not already collected in advance, and giving notice of the opportunity for judicial review pursuant to Cal. Gov’t Code § 53069.4.
(D) Any person who requests an administrative review of an administrative citation and is unable to make the advance deposit of the fine required under division (B) of this section may file an advance deposit hardship waiver application.
(1) Such hardship waiver shall be filed with the city on an advance hardship waiver application, along with the written request for administrative review. The city shall not grant the hardship waiver unless the party seeking review submits a sworn declaration under penalty of perjury, together with supporting documentation, which supports his or her financial inability to deposit with the city the full amount of the fine in advance of the hearing. Such documentation includes, but is not limited to, a copy of the person's prior tax year federal or state tax returns showing adjusted gross income, evidence he or she is currently receiving Social Security disability income (SSI), public assistance, unemployment insurance, or similar fixed and limited sole source income.
(2) The city shall issue a written determination of its reasons to either grant or deny the hardship waiver. The written determination shall be served on the applicant by regular first class mail at the address provided in the hardship waiver application and such determination shall be final and not subject to appeal.
(3) If the city determines that the advance deposit hardship waiver is denied, the cited party shall remit the advance deposit to the city within seven days of the date of the city's notice of denial of the waiver. Failure to submit the advance deposit within the seven-day deadline shall constitute a withdrawal of the request for administrative review.
(Ord. 999-C-S, passed 9-10-02; Am. Ord. 1082-C-S, passed 11-28-06; Am. Ord. 2022-C-S, passed 2-10-09)