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Any notice of violation or notice of imposition of administrative fines to be delivered pursuant to the requirements of this subchapter shall be subject to the following:
(A) The notice shall state that the recipient has a right to appeal the matter as set forth in § 52.084;
(B) Delivery shall be deemed complete upon:
(1) Personal service to the recipient;
(2) Deposit in the U.S. mail, postage pre-paid for first class delivery; or
(3) Facsimile service with confirmation of receipt;
(C) If the recipient of notice is the owner, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the county; and
(D) If the owner or occupant of any private property cannot be located after the reasonable efforts of the Agency, the notice shall be deemed delivered ten calendar days after posting on the property.
(Ord. 1274, passed 6-5-17)
Any person receiving a notice of violation or notice of imposition of administrative fines may appeal the matter by requesting an administrative hearing.
(A) Request for administrative hearing. Any person appealing a notice of violation or notice of imposition of administrative fines, shall, within 30 calendar days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Clerk of the Board of the County, with a copy of the request for administrative hearing mailed on the date of filing to the director. Thereafter, a hearing on the matter shall be held before the Hearing Officer within 45 calendar days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
(B) Hearing proceedings. The Agency or its authorized representative shall appear in support of the notice of violation or notice of imposition of administrative fines, and the appealing party shall appear in opposition to the notice. The Agency shall have the burden of supporting the notice and any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.
(C) Final decision and appeal. The final decision of the Hearing Officer shall be issued by mail within ten calendar days of the conclusion of the hearing. The final decision shall be delivered by first-class mail, postage prepaid, to the appealing party at the address set forth in the request for an administrative hearing. Pursuant to Cal. Gov’t Code § 53069.4(b)(1), if the final decision is contested, review must be sought in the Superior Court as a limited civil case within 20 days after the date of service of the final decision. A copy of the notice of appeal must be served on the director either in person or by first class mail. If no notice of appeal is timely filed with the Superior Court, the final decision issued by the Hearing Officer shall be deemed confirmed and final.
(Ord. 1274, passed 6-5-17)
Any person shall have the right to appeal the decision(s) of the Director to the Board of Supervisors, provided such appeal is made in writing within 21 days of the date of the decision and the applicable appeal fee is paid. This right of appeal shall not apply to final decisions of the Hearing Officer made pursuant to § 52.084.
(Ord. 1274, passed 6-5-17)
(A) Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in Chapter 13 of this code.
(B) Any person who violates any provision of §§ 52.055 through 52.073 of this chapter shall be guilty of a misdemeanor and punished according to Chapter 13 of this code, and shall be guilty of a separate offense for each and every day or portion thereof during which such violation is committed, continued or permitted, and shall be subject to the same punishment for each such separate offense as for the original offense. Notwithstanding the foregoing, where the prosecuting attorney has determined that such action would be in the best interests of justice, the prosecuting attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall then be prosecuted as an infraction. The provisions of this division are in addition to and independent of any other sanctions which are or may be imposed under this chapter or any other provision of law.
(C) Any person who violates any provision of §§ 52.055 through 52.085 of this chapter shall be guilty of a misdemeanor and punished according to Chapter 13 of this code, and shall be guilty of a separate offense for each and every day or portion thereof during which such violation is committed, continued or permitted, and shall be subject to the same punishment for each such separate offense as for the original offense. Notwithstanding the foregoing, where the prosecuting attorney has determined that such action would be in the best interests of justice, the prosecuting attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall then be prosecuted as an infraction. The provisions of this sectopm are in addition to and independent of any other sanctions which are or may be imposed under this chapter or any other provision of law.
(‘81 Code, § 8.40.180) (Ord. 945, passed - -91; Ord. 1274, passed 6-5-17)