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(a) The fine for a violation imposed pursuant to this chapter shall be $100 for the first citation, $200 for the second citation, $500 for the third citation and $1,000 for the fourth or subsequent citation issued for a repeat violation of the same ordinance provision by the same person within one year from the date of an administrative citation. The maximum fine for a fourth or subsequent citation, however, shall be $500 in cases where the applicable code or ordinance only authorizes the violation to be charged as an infraction. The fine amounts shall be cumulative where multiple citations are issued, however, the maximum amount of accumulated fines, excluding any late payment charges or other costs, shall not exceed $10,000 per parcel or structure for any related series of violations.
(b) A late payment charge shall be paid to the County in the amount specified in section 18.113 if a fine has not been paid in full to the County on the date on which it is due.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) The fine shall be paid to the County within 30 days from the date of the administrative citation in accordance with the payment instructions printed on the citation form.
(b) Any administrative citation fine paid pursuant to section 18.107(a) shall be refunded in accordance with section 18.112 if it is determined, 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) Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the administrative citation.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) Any person receiving an administrative citation may contest that there was a violation or that he or she is the responsible party by completing a request for hearing form and returning it to the County department issuing the citation, within 14 days from the date of the citation, together with an advance deposit of the full amount of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to section 18.109. The failure of any person to properly file a request for hearing within the time specified in this section shall constitute a waiver of the right to an administrative hearing and adjudication of the administrative citation or fine or any portion of the fine.
(b) A request for hearing form may be obtained from the County department issuing the citation. Any person requesting a hearing may provide the County with a mailing address to which any notice required under section 18.116 may be served.
(c) A hearing before the hearing officer shall be set for the earliest practicable date after a request for hearing has been properly filed in accordance with this chapter.
(d) The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing.
(e) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least seven days prior to the date of the hearing.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) Any person who intends to request a hearing to contest that there was a violation of a Code or that he is the responsible party and who is financially unable to make the advance deposit of the fine as required in section 18.108 may file a request for an advance deposit hardship waiver.
(b) The request shall be filed with the Director of the County department issuing the administrative citation on an advance deposit hardship waiver application form, available from the County department, within 14 days of the date of the administrative citation.
(c) The requirement of depositing the full amount of the fine as described in section 18.108 shall be stayed unless or until the Director makes a determination not to issue the advance deposit hardship waiver.
(d) The Director may waive the requirement of an advance deposit set forth in section 18.108 and issue the advance deposit hardship waiver only if the person receiving the administrative citation submits to the Director a declaration under penalty of perjury, together with any supporting documents or materials, demonstrating to the satisfaction of the Director the person's financial inability to deposit with the County the full amount of the fine in advance of the hearing.
(e) If the Director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the County within 10 days of the date of that decision or 30 days from the date of the administrative citation, whichever is later.
(f) The Director shall issue a written decision listing the reasons for the determination to issue or not issue the advance deposit hardship waiver. The Director's written decision shall be final.
(g) The Director's written decision shall be served upon the person who applied for the advance deposit hardship waiver.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
The Director shall appoint an independent hearing officer to preside over an administrative citation hearing which has been properly requested under the provisions of this chapter.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(b) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
(c) The failure of any person receiving an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.
(d) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The enforcement officer may, but shall not be required to, appear at an administrative citation hearing.
(e) The hearing officer may continue the hearing and request additional information from the enforcement officer or the person receiving the administrative citation prior to issuing a written decision.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall state the reasons for that decision. The hearing officer's decision shall be final.
(b) If the hearing officer determines that the administrative citation should be upheld the fine amount on deposit with the County shall be retained by the County.
(c) If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall state in the decision a due date for payment of the fine.
(d) If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the County the County shall promptly refund the amount of the deposited fine.
(e) The person receiving the administrative citation shall be served with a copy of the hearing officer's written decision.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
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