(A) Administrative Fines.
(1) Whenever an enforcement officer determines that a violation of a provision of this Article has occurred, the enforcement officer is authorized to issue a notice of violation to the responsible person(s). If the responsible person is a minor, the enforcement officer is authorized to issue a notice of violation to the parent(s) or guardian(s) having custody and control of the minor.
(2) Each violation of any provision of this Article and each separate offense designated by this Article shall be subject to an administrative fine, as provided for in this Section.
(3) The amount of the administrative fine shall be determined by the enforcement officer, based upon the penalty schedule set forth in Subdivision (4) of this Section, subject to the following limitations:
(a) Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 36900 of the California Government Code.
(b) For all other violations of this Article, the amount of the administrative fine shall not exceed one-thousand dollars ($1,000).
(4) The administrative fine levied for a violation of this Article shall be in the following amounts:
(a) For the first offense by a fine of two hundred fifty dollars ($250); or
(b) For a second offense by a fine of five hundred dollars ($500); or
(c) For a third or any subsequent offense by a fine of one thousand dollars ($1,000).
(B) Service Procedures for Issuing Administrative Citations. An administrative citation in a form approved by the City may be issued to the responsible party by an enforcement officer for violations of those sections set forth in this Article in the following manner:
(1) Personal Service. In any case where an administrative citation is issued to an individual the enforcement officer shall attempt to:
(a) Locate the individual and serve the administrative citation to the responsible person or party. If the responsible person is a minor, the enforcement officer shall also attempt to serve the administrative citation on the parent(s) or guardian(s) having custody and control of the minor.
(b) Obtain on the administrative citation the signature of the person in violation of this Code.
(c) If the responsible person or party served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.
(2) Service of Citation by Mail. If the enforcement officer is unable to locate the responsible person for the violation, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. If the responsible person is a minor, the administrative citation shall be mailed to the parent(s) or guardian(s) having custody and control of the minor by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
(C) Contents of Administrative Citations. Administrative citations shall contain all of the following information:
(1) The date and location of the violation and the approximate time the violation was observed;
(2) The Code Section violated and a description of how the Section was violated;
(3) The action required to correct the violation;
(4) The consequences of failing to correct the violation;
(5) The amount of penalty imposed for the violation;
(6) Information regarding the procedure to contest the citation;
(7) The signature of the enforcement officer and the signature of the responsible person if that person can be located and will sign the citation, as set forth in this section.
(D) Satisfaction of Administrative Citation.
(1) Upon receipt of a citation, the responsible party shall either:
(a) Pay the Penalty. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant to Paragraph (d), below; or
(b) Perform Community Service or Parenting Classes. Any responsible person(s) served with an administrative citation pursuant to this Section may request to perform community service or attend parenting classes in lieu of payment of the administrative penalty pursuant to subdivision (F) of this Section; or
(c) Remedy the Violation. If the violation is of a nature that it can be remedied, and the responsible party remedies it within the time indicated on the citation, upon providing proof of correction to the enforcement officer the responsible party shall pay only the administrative reimbursement portion of the penalty; or
(d) Request an Administrative Hearing. If the responsible party chooses to contest the citation, the party shall submit a request to do so no later than 15 calendar days, excluding weekends and holidays, after service of the citation. The request shall be submitted in writing as directed on the citation and shall include a statement of reasons why the citation is being contested. The request shall be accompanied by a deposit in the full amount of the penalty, inclusive of the administrative reimbursement portion, or written proof of financial hardship, which at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the responsible party is unable to deposit the penalty. A hearing will not be scheduled unless the full amount of the penalty is deposited, or the City finds the responsible party financially unable to do so and waives the deposit requirement.
(2) In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth in Paragraphs (a), (b) (c) or (d) above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt.
(E) Administrative Hearings and Appeal Process.
(1) Appointment of Administrative Hearing Officer. Within 180 days of the effective date of this Section, the City Attorney's Office, with the City Council's approval, shall create an administrative hearing and appeals process that is consistent with this Article and with due process principles, including the selection and appointment of one or more independent Administrative Hearing Officers, who shall be responsible for conducting administrative hearings authorized under this Article. Until such time, no enforcement officer may issue an administrative citation under this Section.
(2) Pre-hearing Dismissal of Citation. The City may dismiss an administrative citation at any time if it is determined to have been issued in error.
(3) Time for Administrative Hearing. The administrative hearing shall be scheduled no later than 90 days after receipt of the request for a hearing to contest the citation. The responsible party will be notified in writing at least ten days prior to the date of the hearing by first class mail of the date and time of the hearing.
(4) Request for Continuance of Hearing. The responsible person may request one continuance of the hearing, but in no event may the hearing begin later than 90 days after receipt of the request for hearing from the responsible person.
(5) Failure to Attend Administrative Hearing. The individual to whom an administrative citation is issued, or that person's representative, may attend the hearing in person, or in lieu of attending may submit an Appearance by Written Declaration on a form provided by the City for that purpose.
(a) If the cited individual or his or her representative fails to attend the scheduled hearing, or fails to submit an Appearance by Written Declaration on the form provided by the City for that purpose, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the Administrative Hearing Officer shall dismiss the challenge to the administrative citation, and shall issue a written notice to that effect. An individual whose challenge to an administrative citation is dismissed under this section shall be deemed not to have availed himself or herself of the right to an administrative hearing as provided in this Article.
(b) An individual who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this Article may request in writing that his or her challenge to the citation be dismissed and the hearing canceled. Upon receipt of a request to dismiss a challenge to the administrative citation, the City shall cancel the pending hearing, and issue a written notice to that effect. Any individual who requests the dismissal of a challenge to an administrative citation under this Section shall be deemed never to have availed himself or herself of the right to an administrative hearing as provided in this Article.
(6) Procedures at Administrative Hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not required to participate in the hearing. The Administrative Hearing Officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must be authenticated to the satisfaction of the Administrative Hearing Officer.
(7) Decision of Administrative Hearing Officer. At the conclusion of the hearing or within 15 days thereafter, the Administrative Hearing Officer shall render a decision as follows:
(a) Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the citation, inclusive of the administrative reimbursement portion, and if the violation has not been corrected as of the date of the hearing, order correction of the violation; or
(b) Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the citation, or no penalty at all, and impose a lesser fine, if any, and if the violation has not been corrected as of the date of the hearing, order that the violation be corrected; or
(c) Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the Code.
(8) Issuance of Administrative Order. The Administrative Hearing Officer shall issue a written decision entitled "Administrative Order" no later than 15 days after the date on which the administrative hearing concludes. The Administrative Order shall be served upon the responsible person by first class mail, or if that method fails, by any one of the other methods set forth in this Section. The Administrative Order shall become final on the date of mailing or other service, and shall notify the responsible person of his or her right to appeal as provided below in this Section. The Administrative Order shall also (i) either set a deadline for compliance with its terms, in the event that the responsible person fails to file an appeal, in no event less than 20 days from the date of mailing or other service, or (ii) if the hearing officer determines as described in Subdivisions (7)(b) or (7)(c) immediately above, and the responsible party has deposited the penalty with the City, order a partial or full refund of the deposit.
(9) Appeal of Administrative Order. Within 20 days after mailing or other service of the Administrative Order to the responsible person, he or she may seek review of the Administrative Order by filing a notice of appeal with the Superior Court, pursuant to California Government Code Section 53069.4. The responsible person shall serve upon the City Clerk either in person or by first-class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the Administrative Order shall be deemed final.
(F) Request to Perform Community Service or Parenting Classes. Any responsible person(s) served with an administrative citation and/or issued an Administrative Order pursuant to this Section may request to perform community service or attend parenting classes in lieu of payment of the administrative penalty. Community service and parenting classes must be in a program approved by the issuing department.
(1) Written Request. Any eligible responsible person(s) served with an administrative citation who requests permission to perform community service or attend parenting classes in lieu of payment of the administrative penalty, as provided in Subsection (F), must make the request in writing and file it with the issuing department no later than fifteen (15) calendar days, excluding weekends and holidays, after service of the citation. Any eligible responsible person(s) issued an Administrative Order who requests permission to perform community service or attend parenting classes in lieu of payment of the administrative penalty, as provided in Subsection (F), must make the request in writing and file it with the issuing department no later than twenty (20) days after mailing or other service of the administrative Order. All requests made pursuant to Subsection (F) must include the address of the responsible person(s) for the purpose of correspondence by the issuing department.
(2) Notification. The issuing department shall notify the responsible person(s) by first class mail, postage prepaid, whether the request to perform community service or attend parenting classes has been approved, and if approved, shall identify the program(s) that the responsible person must complete, and the date by which such program shall be completed. The decision to grant or deny the request shall be in the sole discretion of the issuing department. In the event the issuing department denies the request to perform community service or attend parenting classes, the administrative penalty otherwise payable as set forth in the administrative citation and/or Administrative Order previously served on the responsible person(s) shall be made by the date specified in the notice denying the request to perform community service or attend parenting classes.
(3) Suspension of Administrative Penalty. The obligation to pay the administrative penalty otherwise required shall be suspended during the time period provided for completion of the approved program as set forth in the written notification approving the request sent by the issuing department under Paragraph (2), above.
(4) Proof of Completion. The responsible person(s) shall provide proof of completion of the approved program by submitting, to the issuing department within five (5) calendar days following the date by which the program was to be completed, a certificate of completion issued by the program provider. Failure to present such proof within the required time period shall result in the reinstatement of the administrative penalty otherwise due as stated in the administrative citation or Administrative Order without further notification by the issuing department. Payment of the amount due shall be made within seven (7) calendar days of the date by which the program was to be completed as specified in the notice provided under Paragraph (2), above.
(G) Failure to Comply with Administrative Order. In addition to any other remedy provided by law, if the responsible person fails to comply with the Administrative Order, the City may use any other legal remedy available to gain compliance with the Administrative Order.
(I) Definitions. For purposes of this Section, the following definitions apply:
(1) "Enforcement Officer" means any peace officer or probation officer delegated with the power to enforce any provision of this Code.
(2) "Issuing Department" means the City department that has authority and responsibility for enforcing and prosecuting the Code section that is the subject of the administrative citation.
(3) "Responsible Person" means any person who is responsible for, or alleged to be responsible for, a violation and/or any parent or guardian having custody and control of a minor committing such violation, on a joint and several basis with such minor, provided such minor and parent or guardian are each served with notice of violation.