In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code section 53069.4, an administrative citation may be issued for any violation of this chapter. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.
(A) Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of this chapter, an administrative citation may be issued by the animal control officer. An administrative citation will not be issued for violation of the section (Mandatory licensing of kennels and catteries) prior to a written notice of violation being issued.
(B) Content of citation.
(1) The administrative citation shall be issued on a form approved by the City Attorney's Office and shall contain the following information:
(a) Date, location and approximate time that the violation was observed;
(b) The ordinance violated and a brief description of the violation;
(c) The amount of the administrative penalty imposed for the violation;
(d) Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within this time period;
(e) Instructions on how to appeal the citation; and
(f) The signature of the animal control officer.
(2) The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.
(C) Service of citation.
(1) If the person who has violated this chapter is present at the scene of the violation, the animal control officer shall attempt to obtain his or her signature on the administrative citation and shall deliver a copy of the administrative citation to him or her.
(2) If the owner, occupant or other person who has violated this chapter is a business, and the business owner is on the premises, the animal control officer shall attempt to deliver the administrative citation to him or her. If the animal control officer is unable to serve the business owner on the premises, the administrative citation may be left with the manager or employee of the business. If left with the manager or employee of the business, a copy of the administrative citation shall also be mailed to the business owner by certified mail, return receipt requested.
(3) If no one can be located at the property where the violation occurred, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy mailed by certified mail, return receipt requested to the owner, occupant or other person who has violated this chapter. The citation shall be mailed to the property address and/or the address listed for the owner on the last County equalized assessment roll. The citation shall also be mailed to any additional address for the owner in department records.
(4) The failure of any interested person to receive the citation shall not affect the validity of the proceedings.
(D) Administrative penalties.
(1) The penalties assessed for each violation of this chapter shall not exceed the amounts set by the City Council via resolution which may be updated from time to time.
(2) If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.
(3) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.
(4) The penalties assessed shall be payable to the City of Menifee or contract provider.
(5) Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.
(E) Administrative appeal of administrative citation.
(1) Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with animal services. The written notice of appeal must be filed within 20 days of the service of the administrative citation as set forth in subsection (C) above. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on city forms and shall contain the following information:
(a) A brief statement setting forth the appellant's interest in the proceedings;
(b) A brief statement of the material facts which the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;
(c) An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;
(d) The notice of appeal must be signed by the appellant.
(2) Administrative hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held as follows:
(a) Notice of hearing. Notice of the administrative hearing regarding the administrative citation shall be given at least ten days before the hearing to the person requesting the hearing. The notice may be personally delivered to the person requesting the hearing or may be mailed to the address listed in the notice of appeal.
(b) Hearing Officer. The administrative hearing regarding the administrative citation shall be held before the Animal Services Director. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his or her immediate supervisor. The Director may contract with a qualified provider to conduct the administrative hearings or to process administrative citations.
(c) Conduct of the hearing. The investigating animal control officer who issued the administrative citation shall not be required to participate in the administrative hearing regarding the citation. The contents of the investigating animal control officer's file shall be admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal of the administrative citation fails to appear at the administrative hearing, the hearing officer shall make his or her determination based on the information contained in the notice of appeal.
(d) Hearing Officer's decision. The hearing officer's decision regarding the administrative citation following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full at one time. The hearing officer's decision shall contain instructions for obtaining review of the decision by the superior court.
(F) Review of Administrative Hearing Officer's decision. If the recipient of an administrative citation disagrees with the administrative hearing officer's decision upholding the issuance of the administrative citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the administrative citation to the Superior Court as set forth in this section.
(1) Notice of appeal. Within 20 days of the delivery and mailing of the hearing officer's decision regarding the administrative citation, the recipient of the administrative citation may contest that decision by filing an appeal to be heard by the Superior Court. The fee for filing the notice of appeal shall be set by the City Council via resolution which may be updated from time to time. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon animal services by the contestant.
(2) Conduct of hearing. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received into evidence. A copy of the issued administrative citation providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within 15 days of the request.
(3) Judgment. The court shall retain fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by animal services. Any deposit of the fine or penalty shall be refunded by animal services in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this ordinance, or in any other manner provided by law.
(G) Right to hearing. Any violator or property owner, or other person having possession and control of the property, who receives a summary of costs under this section shall have the right to a hearing before the Director or his or her designee on his or her objections to the proposed costs in accordance with the procedures set forth herein.
(H) Request for hearing. A request for hearing shall be filed with animal services within ten days of the service by mail of animal services' summary of costs, on a form provided by animal services. Within 30 days of the filing of the request, and on ten days' written notice to the violator and/or owner, the Director or his or her designee shall hold a hearing on the violator and/or owner's objections, and shall determine the validity thereof.
(I) Recovery of costs. In the event that: (a) no request for hearing is timely filed; or (b) after a hearing the Director or his or her designee affirms the validity of the costs; the violator, the property owner or the person in control and possession of the property shall be liable to the city in the amount stated in the summary of costs or any lesser amount as determined by the Director or his or her designee. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the County of Riverside.
(J) Director's decision. In determining the validity of the costs, the Director or his or her designee shall consider whether the total costs as charged have been fairly and accurately calculated. Factors to be considered include whether the time and personnel spent in enforcement were reasonably necessary to bring about compliance and whether the rate charged is the current rate established by the city.
(K) Appeal. The decision of the Director or his or her designee may be appealed by filing a written notice of appeal with the clerk of the board within ten days after service by mail on the violator, property owner, or other person having possession and control of the property, of the decision of the Director. The appeal shall be heard by the City Council which may affirm, amend or reverse the decision and may take any other action deemed appropriate. The department shall give written notice of the time and the place of the hearing to appellant. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.
(Ord. 2018-252, passed 12-5-2018)