Notwithstanding the remedies outlined in Cal. Health and Safety Code §§ 114390, 114405, and 114409, the department reserves the right to issue administrative citations in accordance with Cal. Gov’t Code § 53069.4. An administrative citation may be issued for any violation of this chapter. The following procedures shall govern the imposition, enforcement, collection, and administrative review of administrative citations and penalties.
(A) Notice of violation. If the violation is not corrected within the period stated in the notice of violation, or if the violation creates an immediate danger to health or safety, an administrative citation may be issued by the enforcement officer. The notice of violation shall specify the way the conditions of the MEHKO violate the provisions of this chapter and the corrective actions required to correct the condition or conduct. The notice shall also state that failure to come into compliance with this chapter could subject the registrant or permittee of the MEHKO to administrative and criminal penalties. The failure of the notice to set forth all required contents shall not affect the validity of the proceedings.
(B) Content of citation. The administrative citation shall be issued on a form approved by County Counsel and shall contain the information listed below. The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.
(1) Date, location, and approximate time the violation was observed.
(2) The section violated and a brief description of the violation.
(3) The amount of the administrative penalty imposed for the violation.
(4) Instructions for the payment of the penalty, the time period by which it shall be paid, and the consequences of failure to pay the penalty within this time period.
(5) Instructions on how to appeal the citation.
(6) The signature of the enforcement officer.
(C) Service citation.
(1) If the registrant, permittee or other person who has violated the chapter is present at the scene of the violation, the enforcement officer shall attempt to obtain their signature on the administrative citation and shall deliver a copy of the administrative citation to them.
(2) If the registrant, permittee or other person who has violated the chapter cannot be located at the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy mailed by certified mail, return receipt requested to the registrant or permittee who has violated the chapter. The citation shall be mailed to the property address and/or the address listed for the owner.
(3) The failure of any interested person to receive the citation shall not affect the validity of the proceedings.
(D) Administrative penalties.
(1) The penalties assessed for each violation shall not exceed the following amounts, pursuant to § 1.04.005(A):
(a) $100 for a first violation.
(b) $200 for a second violation of the same chapter within one year; and
(c) $500 for each additional violation of the same chapter within one year.
(2) If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.
(3) Payment of the penalty shall not excuse the failure to correct the violation, nor shall it bar further enforcement action.
(4) The penalties assessed shall be payable to the county.
(5) Penalties assessed pursuant to this section shall be in addition to the recovery of costs representing staff time necessary for the investigation of violations of this chapter and/or its enforcement.
(E) Administrative appeal.
(1) Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the department. The written notice of appeal must be filed within 20 days of the service of the administrative citation. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall contain the following information:
(a) A brief statement setting forth the appellant's interest in the proceedings.
(b) A brief statement of the material facts which the appellant claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted.
(c) An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by mail.
(d) The notice of appeal must be signed by the appellant.
(2) Administrative hearing. Upon a timely written request by the recipient of the administrative citation, an administrative hearing shall be held as follows:
(a) Notice of hearing. Notice of the administrative hearing shall be given at least ten days before the hearing to the person requesting the hearing. The notice may be delivered to the person or may be mailed to the address listed in the notice of appeal.
(b) Hearing Officer. The administrative hearing shall be held before the Board of Supervisors or the county Hearing Officer. The Hearing Officer shall not be the enforcement officer who issued the administrative citation or their immediate supervisor or subordinate. The Board of Supervisors or the county Hearing Officer may contract with a qualified provider to conduct administrative hearings or to process administrative citations.
(3) Conduct of the hearing. Except as may be required by the Hearing Officer, the enforcement officer who issued the administrative citation is not required to participate in the administrative hearing. The contents of the enforcement officer's file in the case shall be admitted as prima facie evidence of the facts stated therein. The Hearing Officer shall not be limited by the technical rules of evidence. If the person requesting the appeal fails to appear at the administrative hearing, the Hearing Officer shall make his or her determination based on the information contained in the notice of appeal.
(4) Hearing Officer's decision. The Hearing Officer's decision following the administrative hearing shall be delivered to the person requesting the hearing personally or sent by mail. The Hearing Officer may allow payment of the administrative penalty in installments if the person provides evidence satisfactory to the Hearing Officer of an inability to pay the penalty in full. The Hearing Officer's decision shall contain instructions for obtaining a review of the decision by the superior court.
(5) Review of administrative Hearing Officer's decision.
(a) Notice of appeal. Within 20 days of the date of the delivery or mailing of the Hearing Officer's decision, a person may contest that decision by filing an appeal to be heard by the superior court. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first-class mail upon the issuing agency by the contestant.
(b) Conduct of hearing. The conduct of the appeal is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received in evidence. A copy of the document or instrument of the issuing agency providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within 15 days of the request.
(c) Judgment. The court shall retain the fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the department. Any deposit of the fine or penalty shall be refunded by the issuing agency in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to any manner provided by law.
(Ord. 1046, § 8, 2022)