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If the director receives a request from any person required to comply with a notice of administrative citation, the director may grant an extension of any fine due date or abatement deadline if the director determines that such an extension of time will not create or perpetuate imminent danger to the public health and safety. The director shall have the authority to place reasonable conditions on such an extension.
(Ord. 2009-003, § 1 (part), 2009)
A. Amount of fine. The amounts of the fines for code violations imposed pursuant to an administrative citation shall be set forth in a schedule of fines established by resolution of the city council and shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 36900 of the California Government Code. In the event no fine is specified in the schedule of fines authorized by this section, the maximum fines shall be those set forth in subdivision (b) of Section 36900 of the California Government Code.
B. Repeat violations. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person within thirty-six months from the date of an administrative citation.
C. Late payment charges. Any person who fails to pay to the city any fine imposed pursuant to an administrative citation on or before the date that the fine is due shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.
(Ord. 2009-003, § 1 (part), 2009)
A. Due date. The fine shall be paid to the city within thirty days from the date of the issuance of the administrative citation, or, in the event of an appeal, as determined by the hearing administrator.
B. Refunds. Any administrative citation fine paid pursuant to Section 1.24.080(A) shall be refunded if it is determined by the hearing administrator, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
C. Further violations. Payment of an administrative citation fine shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. The issuance of a notice of administrative citation or the payment of a fine does not preclude the city from taking any other enforcement or legal action regarding a code violation that is not corrected, including issuing additional notices of administrative citation or the initiation of criminal or civil proceedings.
(Ord. 2009-003, § 1 (part), 2009)
A. Appeal to hearing administrator. Any person aggrieved by the action of the enforcement officer in issuing a notice of administrative citation pursuant to the provisions of this chapter may appeal such notice to the hearing administrator. If no appeal is filed within ten business days of the date of issuance of the notice of administrative citation, the order of the enforcement officer shall be deemed final.
B. Corrections. Revocation of the notice of administrative citation by the hearing administrator or voluntary abatement of the nuisance either on or prior to the notice of administrative citation due date, and any authorized extensions thereto, shall cause the case to be closed.
C. Contested appeals. To appeal a notice of administrative citation, the person receiving the notice (the "appellant") shall file a signed written request following the appeal procedures outlined in the notice of administrative citation. An appellant may contest the notice of administrative citation by denying that a violation occurred, by alleging that a violation was corrected within the required correction period or, if applicable, by establishing that he or she is not the owner of the real property or the owner of the business at the time the violation should have been corrected.
D. Receipt of an appeal request. To be effective, the appeal request must be received by the city clerk, or designee, not later than ten business days after the date the notice of administrative citation was issued. Where a request is mailed by the appellant, the request shall be deemed filed on the date actually received by the city clerk. Failure by the appellant to timely request an appeal shall be deemed a waiver of the right to appeal. The appellant shall be responsible for ensuring timely receipt of the appeal by the city clerk, regardless of the method of transmission of the appeal.
(Ord. O-2021-003 § 3, 2021: Ord. 2009-003, § 1 (part), 2009)
A. Time and place of hearings. Hearings shall be conducted by a hearing administrator on the date, time and place specified by the city not less than ten (10) days and not more than twenty (20) days from the date the appeal request is received. As soon as practicable after scheduling the hearing, the hearing administrator shall prepare a notice of administrative citation appeal, which shall be in substantially the following form:
"You are hereby notified that a hearing will be held before the Administrative Hearing Officer at ________ on the ___ day of _______, ____, to hear your appeal of the administrative citation issued or otherwise served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence prior to or at the hearing."
The notice of administrative citation appeal shall be served by mail or personal service as provided in Section 1.24.150.
B. Appeal records. The city clerk or designee shall ensure that the pertinent notice of administrative citation is delivered to the hearing administrator in sufficient time prior to the appeal hearing. Before the hearing, the city clerk shall also make available to the appellant a copy of any additional information concerning the notice of administrative citation which will be provided to the hearing administrator.
C. Presentation of evidence. The appellant shall be given the opportunity to testify and to present evidence relevant to the code violation specified in the notice of administrative citation.
D. Use of reports as evidence. The notice of administrative citation and any other reports prepared by the enforcement officer or the director concerning a code violation or attempted correction of a code violation that are provided to the hearing administrator shall be accepted by the hearing administrator as prima facie evidence of the code violation and the facts stated in such documents.
E. Witnesses and additional evidence. Neither the enforcement officer nor any other representative of the city shall be required to attend the appeal hearing, nor shall the hearing administrator require that there be submitted any evidence, other than the notice of administrative citation, that may exist among the public records of the city with respect to the violation. However, any such appearance or submission may be made at the discretion of the director.
F. Continuances. The hearing administrator may continue an appeal hearing if a request is made showing good cause by the appellant or the director. All continuance requests shall either: (1) be made in person at the hearing by the appellant or his or her representative if the appellant is physically unable to attend; or (2) be made by a written request received from the director or the appellant. If the continuance is granted, a new hearing date shall be set within thirty days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present the request(s) shall be deemed abandoned in accordance with subsection H. of this section.
G. Rules of evidence. The appeal hearing shall be conducted informally and the legal or formal rules of evidence need not be followed. The hearing administrator does not have the authority to issue a subpoena.
H. Failure to appear. The failure of the appellant to appear at the hearing, unless the hearing was continued per subsection F. of this section, shall constitute an abandonment of the appeal.
(Ord. O-2021-003, § 4, 2021: Ord. 2009-003, § 1 (part), 2009)
A. Notice of decision. After considering all the evidence and testimony submitted at an appeal hearing, the hearing administrator shall issue a notice of decision within two business days to either uphold or revoke the notice of administrative citation, based upon a conclusion of whether a violation occurred. Within one business day subsequent to the hearing administrator's issuance of the notice of decision, the notice of decision shall be mailed by first class and certified mail, postage prepaid, return receipt requested, to the appellant or their designated representative. Any failure by the appellant to appear at the appeal hearing shall be noted on the notice of decision by the hearing administrator. The hearing administrator may reduce or cancel the amount of any administrative fine or revoke the notice of administrative citation in unusual cases when extenuating circumstances make doing so appropriate and in the interest of justice. The decision of the hearing administrator shall be final.
B. Payment of fine after appeal decision. The filing of an appeal shall suspend any fine assessed in the notice of administrative citation. In the event that the notice of administrative citation is revoked, the fine shall also be revoked. In the event that the notice of administrative citation is upheld, a new compliance deadline and fine due date shall be established by the hearing administrator and indicated on the notice of decision for the appeal.
(Ord. 2009-003, § 1 (part), 2009)
A. Applicability of California Government Code Section 53069.4. The appellant may seek judicial review of the hearing administrator's decision by filing a further appeal with the San Luis Obispo County Superior Court, Limited Civil Division, within twenty calendar days after the service of the notice of decision, in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon the hearing administrator for the City of Pismo Beach. The appellant must pay to the Superior Court the appropriate court filing fee when the appeal is filed.
B. Failure to exhaust administrative appeal. No judicial review is permitted from a decision where the appellant is deemed to have abandoned the contest of the notice of administrative citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the hearing administrator.
C. Forwarding of records to Superior Court. Within fifteen days of the Court's request, the city attorney or the city attorney's designee shall forward to the Superior Court the pertinent notice of administrative citation documents for any case appealed to that court. If the Superior Court revokes any notice of administrative citation or otherwise finds in favor of the appellant, the city will refund to the appellant the Superior Court filing fee paid by the appellant as required by California Government Code Section 53069.4(b)(2) .
(Ord. 2009-003, § 1 (part), 2009)
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