(A) When the City imposes a second or third fine pursuant to subsections 1-1-11C2, C3, D2, D3, and D4, any person who has made a bona fide effort to comply after the first violation and who would suffer an undue financial burden if required to pay the full amount of a second or third fine, may request a waiver to reduce the amount of the imposed fine by completing and submitting the city-approved application form for a fine hardship waiver (hereafter the "fine hardship waiver"). This fine hardship waiver form and all required accompanying records must be submitted within twenty (20) days of issuance of the fine to the city clerk, 209 E. Kern St., Taft, CA 93268.
(B) To be considered for a fine hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the City to reasonably determine the person's bona fide effort to comply after the first violation and substantiation on the person's suffering of an undue financial burden if required to pay the full amount of the fine imposed. Documents suitable for consideration demonstrating the person's bona fide effort to comply after the first violation may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the person's undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve (12) months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the person's fine hardship waiver application, the City will destroy the documents submitted by a person for a fine hardship waiver without prior notice to the person.
(C) The City via its city manager or his or her designee will issue a written decision specifying the reasons for issuing or not issuing the fine hardship waiver, including the revised fine amount, if applicable. This decision is final and non-appealable. The decision shall be served upon the person requesting the fine hardship waiver by first class mail.
(D) Payment of the fine shall be due within twenty (20) days of the issuance of the fine, however, in cases where a written decision on the fine hardship waiver has not been issued before expiration of that twenty (20) day period, payment shall be due within seven (7) days of the date the decision is deposited with the U.S. Postal Service. Payment shall be made to the city clerk, 209 E. Kern St., Taft, CA 93268. In the event the city clerk does not receive the full amount of the fine within the required period: (1) fines or other penalties not paid within that time shall accrue interest at the rate set forth by the Council; and (2) the City may take further action to ensure payment as provided by law.
(E) Should a fine hardship waiver be granted, the amount in the City's written decision shall be controlling for purposes of the fine amount for any administrative hearing requested under section 1-3-8. (Ord. 852-23, 7-18-2023)