(a) Any person receiving notice of a violation of this chapter and the imposition of a civil penalty or volumetric penalty, shall have a right to a hearing by the City Manager or his/her authorized designee to appeal the imposition of any civil penalty. Any request for a hearing must be submitted to the City within fifteen (15) days of mailing or other delivery of the citation and complaint or water bill, as applicable. Additional documentation may be requested at the discretion of the City Manager or his/her authorized designee.
(b) The timely written request for a hearing shall automatically stay installation of flow-restricting device on the premises where the violation occurred and imposition of the civil penalty or volumetric penalty until after the City Manager or his/her designee renders his or her decision. The hearing shall be held no sooner than thirty (30) days after the issuance of the citation and complaint or water bill, as applicable.
(c) The decision of the City Manager or his/her designee shall be final and shall be memorialized in a final order. If the appeal is denied, then within ten (10) days after issuance of the final order, the person shall pay any civil penalty(ies) imposed by the City.
(d) The provisions of Section 1094.5 of the Code of Civil Procedure of the State of California shall be applicable to judicial review of the final order.
(e) Non-payment of any civil penalty or volumetric imposed pursuant to this chapter shall be subject to the same remedies available to the City as for non-payment of basic water service fees.
(§ 2, Ord. 2907, eff. June 16, 2009, as amended by § 2, Ord. 3027, eff. October 1, 2015 and § 2, Ord. 3196, eff. December 7, 2021)