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(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)
Any person who fails to pay to the County any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due shall also be liable for the payment of a late payment charge in the amount of 50% of the total fine amount owed.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
The County may collect any past due administrative citation fine or late payment charge, and may also recover its collection costs, by use of all available legal means. The failure of any person to pay a fine assessed by an administrative citation, or a late payment charge or collection costs related to an administrative citation, by the due date shall constitute a debt to the County. The County may seek payment of the debt by use of all available legal means, including but not limited to the following:
(a) The County may refer the debt to the Auditor and Controller for collection.
(b) The County may file a civil action to recover the debt.
(c) The County may impose a code enforcement lien upon the real property upon which the violation is located. The lien shall continue until all fines, late payment charges, and other costs owed are fully paid. Any lien imposed pursuant to this chapter shall attach upon the recordation of a notice of code enforcement lien in the Office of the County Recorder.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
Any person aggrieved by the administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal to the San Diego County Superior Court in accordance with the timelines and provisions set forth in California Government Code section 53069.4.
(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)