In addition to the remedies and penalties contained in this chapter and Title 9 of the City of Menifee Municipal Code, and in accordance with Government Code section 53069.4, an administrative citation may be issued for failure to comply with an administrative abatement order of the administrative hearing officer. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.
(A) Administrative hearing officer's order. If the public nuisance is not corrected within the period stated in the administrative abatement order, an administrative citation may be issued by an animal control officer.
(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;
(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 responsible party who has violated the ordinance is present at the scene of the violation, the animal control officer shall attempt to obtain the responsible party's signature on the administrative citation and shall deliver a copy of the administrative citation to the responsible party.
(2) If no one can be located at the property where the noisy animal is located, 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 responsible party or other person who has violated the ordinance. The citation shall be mailed to the property address and/or the address listed for the property owner on the last county equalized assessment roll. The citation shall also be mailed to any additional address for the responsible party in contract provider or city records.
(3) 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 the administrative abatement order issued by the administrative hearing officer shall not exceed the amounts as 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.
(E) Administrative appeal of administrative citation.
(1) Written appeal. The recipient of an administrative citation may appeal the citation by submitting a written appeal with animal services. The written appeal must be submitted within 20 days of the date stated on the administrative citation. Failure to submit a written appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The written appeal shall contain the following information:
(a) A brief statement setting forth the appellant's reasons for the appeal, including, but not limited to, a brief statement of the material facts which the appellant claims supports his contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; and
(b) The written appeal shall also include a check or money order as a deposit for the total penalty amount as shown on the citation. A successful appeal will result in a full refund of the penalty amount placed on deposit. Appeals received without the full deposit will not be accepted.
(2) Administrative appeal hearing for appeal of administrative citation. Upon a timely written request by the appellant, an administrative appeal hearing for appeal of an administrative citation shall be held as follows:
(a) Notice of hearing. Notice of the administrative appeal hearing for appeal of an administrative citation shall be given at least ten days before the hearing to the person requesting the hearing. The notice may be personally delivered or mailed to the appellant at the address to which the citation was mailed, unless a new address Is provided in the written appeal at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail.
(b) Hearing officer. The administrative hearing for appeal of an administrative citation shall be held before the Director. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his immediate supervisor. Nor shall the administrative hearing for appeal of the administrative citation be held before the administrative hearing officer that issued the administrative abatement order concerning the noisy animal pursuant to section 6.20.110. The Director may contract with a qualified provider to conduct the administrative hearings for appeals of administrative citations 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 appeal hearing. 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 appeal hearing, the hearing officer shall make his determination based on the information contained in the written appeal. The purpose of the administrative appeal hearing as allowed under this section is to appeal the administrative citation. The hearing officer cannot reconsider the administrative abatement order that declared the noisy animal a public nuisance.
(d) Hearing officer's decision. The hearing officer's decision regarding appeal of the administrative citation following the administrative appeal hearing may be personally delivered to the person requesting the hearing or sent by mail. 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 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. The purpose of the appeal hearing as allowed under this section is to appeal the decision of the administrative hearing officer with regard to the administrative citation and/or amount of the administrative penalty assessed. The hearing officer cannot reconsider the administrative abatement order that declared the noisy animal a public nuisance.
(3) Judgment. The court shall retain the 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 court finds in favor of animal services, the amount of the fee deposited by the contestant shall be retained by animal services of Animal Services in accordance with the judgment of the court.
(Ord. 2018-252, passed 12-5-2018)