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Service of an administrative citation may be accomplished as follows:
(a) The enforcement officer may obtain the signature of the person responsible for the violation to establish personal service of the citation; or
(b) The enforcement officer may serve the citation on the person responsible for the violation by first-class mail, postage prepaid, with a declaration of service under penalty of perjury made by the person mailing the administrative citation, showing the date and manner of service by mail and reciting the name and address of the citation addressee. Service of the administrative citation by mail in this manner shall be effective on the date of mailing.
(Added by Ord. 177-01, File No. 010826, App. 8/17/2001; amended by Ord. 26-04, File No. 031990, App. 2/19/2004; Ord. 291-10, File No. 101099, App. 11/18/2010; Ord. 24-17, File No. 161226, App. 2/10/2017, Eff. 3/12/2017)
(Former Sec. 6.19-6 renumbered as Sec. 6.19-3 by Ord. 290-00, File No. 001627, App. 12/22/2000)
The administrative citation shall include all the following:
(a) A description of the violation(s);
(b) The date and location of the violation(s) and the approximate time the violation(s) was observed;
(c) A citation to the provisions of law vio- lated;
(d) A description of corrective action re- quired;
(e) A statement explaining that each day of a continuing violation may constitute a new and separate violation;
(f) The amount of administrative penalty imposed for the violation(s);
(g) A statement informing the violator that the fine shall be paid to the City and County of San Francisco within 30 days from the date on the administrative citation, the procedure for payment, and the consequences of failure to pay;
(h) A description of the process for appealing the citation, including the deadline for filing such an appeal; and
(i) The name and signature of the enforcement officer.
(Added by Ord. 177-01, File No. 010826, App. 8/17/2001; amended by Ord. 152-21, File No. 210828, App. 9/29/2021, Eff. 10/30/2021)
(a) Persons receiving an administrative citation may within 15 days from the date the citation is served, protest the citation by either (1) requesting a hearing by mail, or (2) scheduling an in-person hearing. The hearing officer may not reduce the penalty amount and will only decide whether the person is responsible for the disputed penalty.
(b) Hearing by Mail. Persons receiving an administrative citation may protest the citation by paying the penalty amount and requesting a hear- ing by mail from the Tax Collector. The request must be made in writing, in the format prescribed by the Tax Collector. Protests must be mailed to- gether with the penalty amount to the Office or the Treasurer & Tax Collector at the address provided on the administrative citation. The request must specify the basis for the protest in detail and must be accompanied by evidence supporting the request. The Tax Collector may request that the protesting party provide any additional informa- tion necessary to decide the validity of the citation. The Tax Collector shall evaluate the protest and notify the protesting party of the decision by mail within 30 days of receipt by the Tax Collector or all information and evidence. A copy of the decision will be mailed to the protesting party. A decision made in a hearing by mail is a final order and cannot be appealed.
(c) In-Person Administrative Hearing. The person charged in the citation may appeal the citation by paying the penalty and filing a petition for redetermination pursuant to Section 6.13-1. A hearing on the petition for redetermination of a citation shall proceed in the same manner as a petition for redetermination of tax. Any reference in Sections 6.13-1 et seq. to taxes, penalties, or interest shall be deemed to also apply to the hearing of an administrative citation. If the person charged fails to appear for the hearing, a default judgment shall be entered against the person. The person will automatically be deemed liable for the penalty, together with any additional fees and interest.
(d) For the hearings provided under subsections (b) and (c) of this Section 6.19-8, the burden of proof shall be on the person protesting the citation.
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