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(A) Written decision. After considering all of the testimony and evidence admitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall state in the decision the reasons therefor.
(B) Effect of decision. The decision of the hearing officer shall be final and shall be served on the cited person within 15 days of the date of the hearing.
(Ord. 638-C.S., passed 2-6-01)
If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city. If the fine was deposited with the city and the hearing officer determines that the administrative citation should be canceled, the city shall refund the amount of the deposited fine. If, pursuant to a hardship waiver, the fine has not been deposited with the city, and the hearing officer determines that the administrative citation should be upheld, the due date for the payment of the fine shall be 30 calendar days from the date of service of the hearing officer's decision.
(Ord. 638-C.S., passed 2-6-01)
Any person aggrieved by the decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal with the Superior Court of California, County of Humboldt, Eureka Courthouse, in accordance with the procedures and within the time set forth in Cal. Gov't Code § 53069.4.
(Ord. 638-C.S., passed 2-6-01)
Any person who fails to pay to the city any fine or any scheduled partial payment of such fine pursuant to the provisions of this subchapter on or before the date that the fine or scheduled partial payment of such fine is due shall be liable for the payment of any applicable late payment charges set forth in the schedule of administrative citation fines established by resolution by the City Council.
(Ord. 638-C.S., passed 2-6-01)
The city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within 90 calendar days, and for which no appeal has been filed may also be assessed and made a lien against the real property upon which the violation occurred.
(Ord. 638-C.S., passed 2-6-01; Am. Ord. 746-C.S., passed 11-17-09)
(A) Whenever an administrative fine has been imposed pursuant to this subchapter on an owner of property for a violation occurring or existing on that property and the fine has not been fully paid within 60 calendar days of the date upon which such fine became due and payable, and is not the subject of a pending appeal filed under Cal. Gov't Code § 53069.4, the finance officer may initiate proceedings to establish and record a lien against the property.
(B) Prior to the recording of the lien, the finance officer shall prepare and file with the City Clerk a report stating, for each property for which a lien is proposed, the amount of the delinquent administrative fine, any applicable penalties and interest, and an administrative fee established by resolution of the City Council to recover the administrative costs incurred in recording the lien and carrying out the lien procedures of this subchapter.
(C) The City Clerk shall fix a time, date, and place for hearing by the City Council of the report and any protests or objections thereto.
(D) The finance officer shall cause written notice to be served on the owner of each affected property not less than ten days prior to the time set for the hearing. Such notice shall set forth the amount of the delinquent administrative fine and any penalties and interest which are due. Such notice shall be delivered by first class mail, postage prepaid, addressed to each owner of such property to be assessed as that owner's address appears on the last equalized assessment roll or supplemental roll of the County of Humboldt, whichever is more current. Service by mail as provided for herein shall be effective on the date of mailing, and the failure of any person to actually receive such notice shall not affect the validity of the notice.
(E) At the conclusion of the hearing, the City Council may adopt a resolution confirming, discharging, or modifying the amount of the lien proposed for each affected property and order that the amount not discharged as to any property be reduced to a lien against that property. The City Council may thereupon order that the fee be specifically assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment; and
(F) Thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.
(G) A lien may be foreclosed by an action brought by the city for a money judgment.
(H) The city may recover from the property owner any costs incurred regarding the process and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
(Ord. 638-C.S., passed 2-6-01; Am. Ord. 746-C.S., passed 11-17-09; Am. Ord. 850-C.S., passed 11-1-16)
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