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§ 15.08 PAYMENT OF FINES.
   (A)   A responsible person to whom an administrative citation is issued shall be liable for, and shall pay to the city, the fine specified in the administrative citation. Fines are due on the day specified in the administrative citation, unless payment is stayed pursuant to the provisions of division (D) of this section.
   (B)   Payment shall be made:
      (1)   By mailing the envelope included with the administrative citation with first-class postage thereon and enclosing the fine amount paid by check or money order, or
      (2)   By cash, check or money order payment in person at City Hall.
   (C)   Payment of a fine or penalty pursuant to this chapter shall not excuse or discharge any continued or repeated code violation, nor affect the city's right to enforce any provision of a code or ordinance by any other means, including but not limited to, nuisance abatement proceedings.
   (D)   Pending a hearing by the hearing officer, payment of a fine may be stayed if a request by the responsible person for a waiver of the fine deposit, accompanied by a sworn affidavit that such responsible person is unable to deposit the fine required by the administrative citation, is filed with the city not less than five business days prior to the time the fine is due. The burden of proof of such inability to post the fine shall be on the responsible person. The Finance Director may stay the payment of the fine if, in his or her sole determination, such burden of proof has been met. The decision to stay payment of the fine is not appealable.
(Ord. 1282, passed 3-1-06)
§ 15.09 ADMINISTRATIVE HEARING.
   (A)   A responsible person may request a hearing on an administrative citation by filing a request for hearing with the City Clerk on a form established by the city.
   (B)   The request must be filed prior to the time provided in the administrative citation for payment of the fine or penalty, and shall include any grounds for the hearing which the responsible person wishes the city to consider. The request for hearing shall be accompanied by deposit of the fine imposed by the administrative citation, unless such deposit has been stayed pursuant to § 15.08(D).
   (C)   Notice of the date, time, and location of a hearing shall be given to the responsible person requesting the hearing by first class mail sent to the address specified in the request for the hearing not less than 15 days prior to the hearing date.
   (D)   Failure of the responsible person who requested the hearing to attend the hearing shall constitute an abandonment of the request for the hearing and shall be a bar to juridical review of the hearing officer's decision based upon a failure to exhaust administrative remedies.
(Ord. 1282, passed 3-1-06)
§ 15.10 HEARING PROCEDURES.
   (A)   The hearing shall be conducted by the hearing officer at the date, time and location specified in the notice of hearing.
   (B)   The enforcement officer shall provide all information relevant to the administrative citation to the hearing officer prior to the hearing date. If an enforcement officer submits a written report concerning the administrative citation to the hearing officer at least five days prior to the date of the hearing, a copy of such report shall be deposited in the United States mail, first class postage prepaid, addressed to the responsible person at the address set forth on such person's request for hearing. If a written report is submitted by an enforcement officer to the hearing authority less than five days prior to the date of the hearing, a copy of any written report shall be provided to the responsible person at the hearing. Failure of the responsible person to receive the report shall not invalidate the hearing.
   (C)   An administrative citation and any additional document submitted by the enforcement officer shall be accepted by the hearing officer as prima facie evidence of the facts stated in such document(s).
   (D)   The hearing officer shall allow the responsible person an opportunity to testify at the hearing and to present evidence concerning the administrative citation, including but not limited to the code violation specified in the administrative citation, efforts to correct the code violation, and any financial hardship.
   (E)   The enforcement officer or any other representatives of the city shall not be required to attend the hearing. The hearing officer shall not require that the enforcement officer submit any evidence other than a copy of the administrative citation. Notwithstanding the foregoing, the enforcement officer and/or other city representative(s) may, but need not, appear at the hearing and/or submit additional evidence at the hearing.
   (F)   The hearing officer may continue a hearing from time to time. The hearing officer may request additional information or evidence from the responsible person who filed the request for hearing prior to issuing a decision. The hearing officer may allow the responsible person additional time to correct the code violation prior to rendering his or her decision.
   (G)   All hearings shall be recorded on a video or audio device, unless the city elects to use a court reporter. The city need not provide transcriptions of any hearings. All audio and video recordings are public records, available pursuant to the city's established provisions regarding public records. If a court reporter is used, the responsible person who requested the hearing may obtain a copy of the transcript upon payment to the court reporter of any applicable fees or costs.
   (H) A hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence shall be admitted if it is evidence 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 evidence 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 testimony and evidence submitted at the hearing, within ten days of the hearing, the hearing officer shall issue a written decision to affirm, modify, or dismiss the administrative citation. The decision shall include the hearing officer's findings, as well as information regarding the responsible person's right to seek judicial review of the decision and the time in which to do so. The decision of the hearing officer shall be the final administrative order or decision of the city and is non-appealable.
   (J)   The decision of the hearing officer shall be served on the responsible person by mailing a copy thereof to the responsible person at the address indicated on the hearing request form. Service shall be deemed complete five days after deposit of such copy in the United States mail, first class postage prepaid.
   (K)   If the hearing officer determines that the administrative citation should be affirmed, the amount on deposit with the city shall be retained by the city. If the hearing officer modifies the administrative citation in such a manner as to decrease the fine and/or any interest and/or penalties on deposit with the city, any amount on deposit which is in excess of the amount affirmed by the hearing officer shall be returned to the responsible person who filed the hearing request form. If the hearing officer determines that the administrative citation should be canceled, the city shall promptly refund the amount of any deposited fine.
(Ord. 1282, passed 3-1-06)
§ 15.11 JUDICIAL REVIEW.
   The responsible person who filed the hearing request form may seek judicial review of the hearing officer's decision pursuant to California Government Code § 53069.4. The appeal shall be heard by the court as set forth in that section. Service upon the city of the notice of appeal, which is required by that section, shall be upon the City Clerk.
(Ord. 1282, passed 3-1-06)
§ 15.12 COLLECTION OF DELINQUENT FINES AND PENALTIES.
   (A)   The city may pursue any and all legal and equitable remedies for the collection of fines, interest and penalties.
   (B)   If a responsible person owes the city any delinquent fines, interest, or penalties, the city may refuse to issue, extend, or renew a permit, license or other approval to that person or pertaining to the property that is the subject of the administrative citation or delinquent fines, interest, or penalties.
(Ord. 1282, passed 3-1-06)
§ 15.13 EFFECT ON FUTURE ACTIONS OF RESPONSIBLE PERSON.
   The City Council, Planning Commission, or city staff may consider the fact that a responsible person has been issued an administrative citation(s) when determining whether to grant, suspend, revoke or deny any permit, license or other approval to that responsible person and an administrative citation shall be evidence that the responsible person has committed acts that threaten the health, safety and welfare of the general public.
(Ord. 1282, passed 3-1-06)