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An administrative citation shall contain all of the following information:
(a) The date and location of the violation and the approximate time the violation occurred or was detected.
(b) The code section violated and a description of the violation.
(c) The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid.
(d) An order prohibiting another occurrence of the code violation.
(e) A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation.
(f) The name and signature of the citing official. (Ord. 629, §2, 2009).
(a) Except as provided below, the citing official may issue an administrative citation, on a form approved by the city manager or, pursuant to this chapter, serve a compliance order on a responsible person using either of the following methods:
(1) Personal service. The citing official may issue the administrative citation or serve a compliance order by personal delivery thereof to a responsible person. The citing official shall attempt to obtain on the administrative citation or compliance order the signature of the responsible person. If the responsible person or person served refuses or fails to sign the administrative citation or compliance order, the failure or refusal to sign shall not affect the validity of the citation, the compliance order or of subsequent proceedings. Service shall be deemed effective on the date of delivery.
(2) Mail. The citing official may mail the administrative citation or compliance order to the responsible person by registered mail. Service shall be deemed effective on the date of mailing.
(3) Posting. If the citing official does not succeed in serving the responsible party personally or by registered mail, the citing official shall post the administrative citation or compliance order on any real property within the city in which the responsible person has a legal interest and, when so posted, shall be deemed effective service as of that date.
(4) Publication. If the citing official does not succeed in serving the responsible person personally, by registered mail or by posting, the citing official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published, in English, at least once a week. Service shall be deemed effective upon the final date of publication. (Ord. 629, § 2, 2009).
(a) For any violation of this code for which there is no specific administrative penalty established in this code or by the city council, the fine shall be in the amount of one hundred dollars for a first violation; two hundred dollars for a second violation of the same provision of this code within a twelve month period; and five hundred dollars for each additional violation of the same provision of this code within a twelve month period.
(b) Administrative fines assessed pursuant to an administrative citation are a debt owed to the city. (Ord. 629, §2, 2009).
The fine imposed pursuant to this chapter for a particular violation and for any subsequent violation of the same code section, shall be in the amount set forth in the bail schedule established by resolution of the city council. The administrative fine shall be paid to the city clerk within twenty days from the date of service of the administrative citation. If, after a hearing requested pursuant to this chapter, the hearing officer determines that the administrative citation should be cancelled, the administrative fine shall be refunded in accordance with the provisions of this chapter. (Ord. 629, § 2, 2009).
(a) Any responsible person to whom an administrative citation is issued may contest the citation by:
(1) Completing a request for hearing form and returning it to the city clerk; and
(2) Either depositing the administrative fine with the city clerk or providing notice that a request for an advance deposit hardship waiver has been filed pursuant to this chapter. A request for hearing form may be obtained from the city clerk.
(b) Any responsible person desiring an administrative hearing shall file with the city clerk a completed request for hearing form and the administrative fine or completed hardship waiver form pursuant to this chapter within twenty days from the date of service of the administrative citation. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the city clerk's office or a city clerk-file stamped copy in the possession of the responsible party shall control. The responsible person's failure to file the request for hearing form and the fine or hardship waiver form within twenty days of the date of service of the administrative citation shall constitute a waiver of the right to a hearing.
(c) The person requesting the hearing shall be notified by registered mail of the time and place of the hearing at least ten days before the date of the hearing. Any documentation, other than the administrative citation the citing official has submitted or will submit to the hearing officer, shall be served on the person requesting the hearing by registered mail at least five days before the date of the hearing. (Ord. 629, § 2, 2009).
(a) Any responsible person who requests an administrative hearing and who is financially unable to deposit the administrative fine as provided in this chapter may file a request for an advance deposit hardship waiver. The request shall be filed with the city clerk on an advance deposit hardship waiver application form, available from the city clerk, no later than twenty days after service of the administrative citation. The responsible person's failure to file a completed form, with all supporting documents, within twenty days after service of the administrative citation shall constitute a waiver of the right to receive a hardship waiver. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the city clerk's office or a city clerk-file stamped copy in possession of the responsible party shall control.
(b) The city manager may issue an advance deposit hardship waiver only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the city manager, the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing. The city manager shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by registered mail. The decision shall be deemed served on the date of mailing. If the city manager determines that the waiver is not warranted, the person shall remit the full amount of the fine to the city clerk within ten days of service of the city manager's written decision. The City manager's decision whether to issue a hardship waiver shall be final. (Ord. 629, § 2, 2009).
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