a. Issuance of Administrative Citation. Whenever a Town officer or employee charged with enforcing any provision of This Code pursuant to subsection 1-5.8 determines that a violation of that provision has occurred, that officer or employee shall have the authority to issue an administrative citation to any person responsible for the violation. Each administrative citation shall contain the following information:
1. The date of the violation.
2. The address or description of the location where the violation occurred.
3. The description of the violation, including the section(s) of This Code that were violated.
4. The amount of the fine.
5. A description of fine payment process, including timelines.
6. A description of the citation review process, including the requirements to request a hearing.
7. The name and signature of the officer or employee issuing the citation.
b. Amount of Fines. The maximum amount of fines, including any late payment charges, imposed under this section shall be established by the Town Council as part of the Master Fee schedule. In no event shall the amount of the fine exceed that which may be imposed for an infraction pursuant to Government Code Section 36900. The Schedule shall specify any increased fines for repeat violations of the same Code provision by the same person within thirty-six (36) months from the date of an administrative citation.
c. Payment of the Fine. The fine shall be paid to the Town within thirty (30) days after the administrative citation is issued, unless a request for hearing pursuant to subsection (d) is filed in a timely manner.
d. Hearing Request. Any person receiving an administrative citation may request a hearing to contest the citation. Any request for a hearing must be filed in writing with the City Clerk within thirty (30) days of issuance of the citation.
e. Hearing Officer. The Town Manager shall designate the Hearing officer(s) for administrative citation hearings. Hearing officers may be employees of the Town or non-employees qualified to hear such matters and selected in a manner that avoids the potential for bias. The Town Manager may develop written policies for selection of Hearing officers.
f. Hearing Procedure.
1. The hearing shall be held not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed. The hearing may be continued from time to time as deemed necessary by the Hearing Officer.
2. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence or witnesses concerning the administrative citation.
3. 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.
g. Hearing Officer’s Decision. 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 in the decision the reasons for that decision. A copy of the decision shall be provided to the recipient of the administrative citation and the officer or employee who initially issued the citation. The decision of the Hearing Officer shall be final, subject to the judicial review in subsection (k) below.
h. Payment of Fine After Decision. If the decision of the Hearing Officer affirms the issuance of the administrative citation, the responsible party shall pay the fine to the Town within thirty (30) days after the written decision is mailed.
i. Late Payment Charges. Any person who fails to pay to the Town any fine imposed pursuant to this section on or before the date that fine is due shall also be liable for the payment of any applicable late payment charges set forth in the Master Fee Schedule.
k. Right to Judicial Review. 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 Contra Costa County, Walnut Creek branch, in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
l. Notices. The administrative citation and all notices required to be given by this section shall be served either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at the person’s last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Failure to receive any notice specified in this section does not affect the validity of proceedings conducted hereunder. (Ord. #9, §3, 1982; Ord. #2002-04, §3)