1-9.7 Administrative Appeal | Clearlake Municipal Code

1-9.7 Administrative Appeal.

a. Initial Review. The responsible person may contest an administrative citation no later than twenty-one (21) calendar days after the administrative violation is served. The appeal request must be in writing, specifying the basis for the appeal in detail, and filed with the administrative processing agency as indicated in the administrative citation. The initial review will be completed by the head official of the issuing department or their designee.

1. If, following the initial review, the citation is upheld, the responsible person shall be notified by mail and informed of their obligation to pay the administrative fine within fifteen (15) days of the mailing, or of their right to request an administrative hearing.

1. If the responsible person chooses to contest the outcome of the initial review, within fifteen (15) days of the mailing of the results of the initial review, the responsible person shall submit a written request, on an official form provided by the City, requesting an administrative hearing. Said form, hereinafter referred to as a request for administrative hearing, shall include an advance deposit in the full amount of the administrative fine or one thousand ($1,000.00) dollars, whichever is less, or written proof of financial hardship as specified below. A hearing shall be scheduled when the aforementioned conditions are met.

(a) A responsible person who fails to submit a request for administrative hearing within fifteen (15) days, or who fails to make the required deposit or provide written proof of financial hardship, will have waived the right to contest the initial review and shall pay the administrative fine in accordance with the timeline set forth in subsection (a)(1) of this section.

(b) In lieu of the advance deposit required, written proof of financial hardship, which shall be in the form of a declaration signed by the responsible person under penalty of perjury, along with supporting documentation as specified by the City, shall be filed with the administrative processing agency.

2. The hearing shall be set for a date that is not less than five (5) days from the date of mailing of the notice of hearing. The notice of hearing shall state the date, time and place of the hearing and direct the property owners or occupant and other responsible parties to appear and show cause why the administrative fine should not be imposed. The notice of the hearing shall be sent by first class mail postage prepaid, return receipt requested.

3. The Hearing Officer may, in their discretion, grant or deny a continuance of the hearing date upon a request by the responsible party or the issuing department and a showing of good cause.

1. If the responsible person or his or her representative fails to attend the scheduled hearing, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the Administrative Hearing Officer shall find the responsible person in default and shall issue a written notice to that effect. A default under this subsection shall constitute a forfeiture of the administrative fine and a waiver of any right to challenge the assessed enforcement costs and administrative costs. A default under this subsection shall also be a bar to judicial review of the Hearing Officer decision based upon failure to exhaust administrative remedies. A default under this provision may be set aside by the Administrative Hearing Officer at the request of the responsible party upon a showing of good cause for failing to appear at the administrative hearing.

2. A responsible person who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this article may request in writing that his or her challenge to the citation be withdrawn and the hearing cancelled. Upon receipt of a request to withdraw a challenge to the administrative citation, the City shall cancel the pending hearing, and issue a written notice to that effect. A withdrawal under this subsection shall constitute a forfeiture of the administrative fine and a waiver of any right to challenge the assessed enforcement costs and administrative costs. A withdrawal under this subsection shall also be a bar to judicial review of the Hearing Officer decision based upon failure to exhaust administrative remedies.

3. If a financial hardship waiver was granted and the responsible person is in default as provided above or a challenge to the citation is withdrawn pursuant to above, the administrative fine, enforcement costs, and administrative costs shall be due and payable by the responsible person(s) to the City within fifteen (15) calendar days following the date that had been set for the administrative hearing.

1. A Hearing Officer shall preside at the hearing and hear all facts and testimony presented and deemed relevant. The hearing is informal in nature, and formal rules of evidence and discovery do not apply. The proceedings shall be audio-recorded by the City. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.

2. The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) on the date(s) specified in the administrative citation.

3. The City bears the burden of proof at an administrative hearing to establish the existence of the administrative violation specified on the citation. The Administrative Hearing Officer shall use preponderance of the evidence as the standard of proof in deciding the issues.

4. The administrative citation and any additional documents submitted by the issuing department shall be accepted by the Administrative Hearing Officer as prima facie evidence of the respective facts contained in those documents. The Enforcement Officer may attend the hearing but is not required to do so.

5. Each party shall have the opportunity to testify, cross-examine witnesses, and present witnesses and evidence in support of his or her case. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must be authenticated to the satisfaction of the Administrative Hearing Officer. Nothing shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Administrative Hearing Officer.

6. The Hearing Officer may continue the hearing as necessary. The decision of the Hearing Officer shall be final upon adoption of an order containing its determination.

7. The Hearing Officer’s decision shall include that an aggrieved party may file a petition for review with the California Superior Court, County of Lake, pursuant to California Government Code Section 53069.4. The failure of a responsible party to appear at the administrative citation hearing shall be deemed a failure to exhaust administrative remedies.

1. After considering all of the testimony and evidence submitted at the hearing, the Administrative Hearing Officer shall, within fifteen (15) days thereafter, render a decision in writing. The decision rendered by the Administrative Hearing Officer is not exclusive and does not preclude or foreclose the City Attorney’s office from pursuing any and all other remedies provided by law. The Administrative Hearing Officer shall render a decision as follows:

(a) Determine that the administrative violation specified in the citation is founded, and impose an administrative fine in the amount set forth in the citation and if the administrative violation has not been corrected as of the date of the hearing, order correction of the administrative violation; or

(b) Determine that the administrative violation specified in the citation is founded, but that the administrative fine was incorrectly assessed with the administrative fine schedules as provided for in subsection 1-9.6, warranting imposition of a lesser or greater administrative fine than that prescribed in the citation and impose a lesser or greater administrative fine and, if the administrative violation has not been corrected as of the date of the hearing, order that the administrative violation be corrected; or

(c) Determine that the administrative violation specified in the citation is founded, but that the issuing department or the responsible party has introduced credible evidence of aggravating or mitigating circumstances warranting imposition of a lesser penalty than that prescribed in this Code, and impose a lesser administrative fine, and if the administrative violation has not been corrected as of the date of the hearing, order that the administrative violation be corrected; or

(d) Determine that the administrative violation specified in the citation did not occur and cancel the administrative fine; or

(e) Dismiss the administrative violation in the interests of justice and cancel the administrative fine; and

(f) Determine the amount of the enforcement costs and associated administrative costs to be imposed, if any.

2. The administrative order shall include the reasons for the decision and be served on all parties by any one of the methods listed in subsection 1-9.5 or through service by first class mail, postage prepaid on the responsible person(s) at the address he or she provided in the request for administrative hearing. In addition to the matters set forth above, the decision rendered by the Administrative Hearing Officer shall address the following:

(1) If the Administrative Hearing Officer imposes an administrative fine, the City shall keep the funds deposited at the time of the hearing request. If the deposited funds are less than the administrative fine, the responsible person(s) shall pay the outstanding amount of the administrative fine to the City within fifteen (15) calendar days of the administrative order becoming final. If the deposited funds equal more than the administrative fine, the City shall promptly refund the appropriate amount of the funds to the responsible person(s).

(2) If the Administrative Hearing Officer determines that the administrative violation specified in the citation did not occur and cancels the administrative fine, then the City shall promptly refund the amount of funds deposited by the responsible person at the time of the hearing request and no enforcement costs or administrative costs shall be assessed.

(1) Enforcement Costs. The administrative order shall assess all reasonable enforcement costs to be paid by the responsible person. The responsible person(s) shall pay the enforcement costs to the City within fifteen (15) calendar days of the administrative order becoming final.

(2) Administrative Costs. The administrative order shall assess all reasonable administrative costs to be paid by the responsible person. The responsible person(s) shall pay the administrative costs to the City within fifteen (15) calendar days of the administrative order becoming final.

f. Neither imposition nor payment of an administrative fine shall relieve the responsible person from his/her obligation to correct the violation, nor shall it bar further enforcement action by the Enforcement Officer.

g. The time requirement for filing a request for hearing form shall be deemed jurisdictional and may not be waived. If no timely appeal is filed, the administrative citation and fee set forth therein is final. (Ord. #222-2019, S4; Ord. #236-2020, S2)