Chapter 1.18
ADMINISTRATIVE CITATIONS
Sections:
1.18.010 Legislative findings and statement of purpose.
1.18.040 Violations, penalties and enforcement.
1.18.070 Satisfaction of administrative citation.
1.18.080 Appeal of administrative citation.
1.18.090 Refusal to sign citation (court citation).
1.18.100 Procedure after arrest.
1.18.110 Violation of promise to appear a misdemeanor.
1.18.120 Failure to appear—Warrant for arrest—Delivery of papers to magistrate.
1.18.130 Enforcing officers generally.
1.18.150 Enforcing officers—Powers of deputy.
1.18.180 Hearing officer’s decision.
1.18.190 Failure to pay fines.
1.18.200 Right to judicial review.
1.18.010 Legislative findings and statement of purpose.
A. The city council hereby finds that there is a need for an alternative method of enforcement for minor violations of the Dinuba Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code. The city council further finds that an appropriate method of enforcement for minor violations is an administrative citation program as authorized by Government Code Section 53069.4.
B. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of the Dinuba Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code.
C. The city council hereby finds and determines that enforcement of the Dinuba Municipal Code, other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a charter city, the city of Dinuba adopts this administrative citation program provision in order to achieve the following goals, and:
1. To protect the public health, safety and welfare of the citizens of the city of Dinuba;
2. To gain compliance with the Dinuba Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code in a timely and efficient manner;
3. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Dinuba Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code;
4. To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system;
5. To provide for an administrative process to appeal the imposition of administrative citations and fines.
D. The purpose of this chapter is to enable the city, acting as a charter city pursuant to Article XI, Sections 5 and 7 of the State Constitution, to impose and collect civil administrative fines in conjunction with the enforcement of provisions of the Dinuba Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code. Notwithstanding the provisions herein, the city has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with the Dinuba Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code.
Prior to the implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches, when practical, should first be used in order to educate city property owners and businesses concerning the requirements of the Dinuba Municipal Code, or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, and the corrective action necessary to correct a violation of the Dinuba Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code.
E. Use of this chapter shall be at the sole discretion of the city. (Ord. 2010-01 § 1 (part), 2010)
1.18.020 Definitions.
A. “Responsible person” shall mean any individuals or entities who are the registered owner or occupant of real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen years, who causes or maintains a violation of the Dinuba Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code.
B. “Enforcement officer” shall mean any officer or employee with the authority to enforce the Dinuba Municipal Code, and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code as provided in Title 14 and Chapters 1.12, 1.16, 5.34, 6.16, 7.24, 9.44, 9.54, and 17.98.
C. “Hearing officer” shall mean any person appointed by the city manager to preside over the administrative hearings provided for in Section 1.18.100. (Ord. 2010-01 § 1 (part), 2010)
1.18.030 Authority.
A. Any person violating any provision of the Dinuba Municipal Code, or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the Dinuba Municipal Code, and applicable state codes, ordinances or regulations adopted by the city council, and failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code.
B. Each and every day a violation exists may constitute a separate and distinct offense.
C. A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city of Dinuba. (Ord. 2010-01 § 1 (part), 2010)
1.18.040 Violations, penalties and enforcement.
The city council of the city of Dinuba intends to secure compliance with the provisions of the Dinuba Municipal Code, and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code. To the extent that such compliance may be achieved by less drastic methods of enforcement, the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. Notwithstanding any other provision of the Dinuba Municipal Code, and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, each violation of the provisions of this code may be enforced alternatively as follows:
A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Dinuba Municipal Code, and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, may be prosecuted for an infraction. Written citations for infractions may be issued by police officers, firefighters, or nonsafety employees designated by Title 14 and Chapters 1.12, 1.16, 5.34, 6.16, 7.24, 9.44, 9.54, and 17.98.
Fines shall be assessed in the amounts specified as follows:
With the exception of violations that are automatically deemed infractions under the Municipal Code, and with the exception of certain violations pertaining to the possession or use of dangerous or illegal fireworks and graffiti identified in this section, the amount of the fine assessed for each administrative citation issued for the same violation(s) within one calendar year shall be as follows:
1. First administrative citation—one hundred dollars;
2. Second administrative citation—two hundred dollars;
3. Third administrative citation—five hundred dollars.
For violations of Chapter 5.34 pertaining to the possession, storage or discharge of dangerous or illegal fireworks, the amount of the fine assessed for each administrative citation issued for the same violation within one calendar year shall be one thousand five hundred dollars.
For violations of Section 9.58.010 et seq. pertaining to graffiti removal, the amount of the fine assessed for each administrative citation issued for the same violation within one calendar year shall be as follows:
1. First administrative citation—five hundred dollars;
2. Second administrative citation—one thousand dollars;
3. Third administrative citation—one thousand dollars.
B. Misdemeanor. In the alternative, with the concurrence of the city attorney, any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Dinuba Municipal Code, and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers, firefighters, or by nonsafety employees designated by Title 14 and Chapters 1.12, 1.16, 5.34, 6.16, 7.24, 9.44, 9.54, and 17.98. Any person convicted of a misdemeanor under the provisions of the Dinuba Municipal Code, and state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
C. Civil Action. The city attorney, or an attorney hired for such purposes by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of the Dinuba Municipal Code, or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, as provided by law.
D. Administrative Citation. Upon a finding by the city official vested with the authority to enforce the various provisions of the Dinuba Municipal Code, or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, that a violation exists, he or she may issue an administrative citation under the provisions of this chapter. (Ord. 2017-05 § 1 (part), 2017: Ord. 2010-01 § 1 (part), 2010)
1.18.050 Service procedures.
An administrative citation on a form approved by the city manager shall be issued to the responsible person by an enforcement officer for violations of the Dinuba Municipal Code, or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, in the following manner:
A. Personal Service. In any case where an administrative citation is issued:
1. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation.
2. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.
B. Service of Citation by Mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.
C. Service by Citation by Posting Notice. If the enforcement officer does not succeed in serving the responsible person personally, or of certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the city where the city has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service. (Ord. 2010-01 § 1 (part), 2010)
1.18.060 Contents of notice.
Each administrative citation shall contain the following information:
A. Date, approximate time, and address or definite description of the location where the violation(s) was observed;
B. The code sections or conditions violated and a description of the violation(s);
C. An order to the responsible person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s);
D. The amount of the fine for the violation(s);
E. An explanation of how the fine shall be paid and the time period by which it shall be paid;
F. Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;
G. The name and signature of the enforcement officer; and
H. If possible, the signature of the responsible person. (Ord. 2010-01 § 1 (part), 2010)
1.18.070 Satisfaction of administrative citation.
Upon receipt of a citation, the responsible person shall:
A. Pay the fine to the city within fifteen working days from the issuance date of the administrative citation. All fines assessed shall be payable to the city of Dinuba. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city; and
B. Remedy the violation(s). If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by ordinance. (Ord. 2010-01 § 1 (part), 2010)
1.18.080 Appeal of administrative citation.
Any recipient of an administrative citation may contest that there was a violation of the Dinuba Municipal Code, or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, or that he or she is the responsible person by completing a request for hearing form and returning it to the city within fifteen working days from the issuance date of the administrative citation, together with an advanced deposit (full amount) of the fine. Any administrative citation fine, which has been deposited, shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not the responsible person for the violation(s) or that there was no violation(s) as charged in the administrative citation. (Ord. 2010-01 § 1 (part), 2010)
1.18.090 Refusal to sign citation (court citation).
The citation is a release stating that the defendant will appear in court or post bail in lieu of physical arrest. In extreme cases, one may encounter an individual who will refuse to sign the court citation. After all reasonable efforts have been pursued and a signature is not obtainable, the citation officer(s) will summon a police officer, explain the situation to such officer, and request a physical arrest (per state law). (Ord. 2010-01 § 1 (part), 2010)
1.18.100 Procedure after arrest.
A. If any person is arrested for a violation of any provisions of this code and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the state of California, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.
B. The time specified in the notice to appear must be at least ten days after such arrest. The place specified in the notice to appear shall be either:
1. Before the judge of the superior court within the city of Dinuba;
2. Before an officer authorized by the county of Tulare, city of Dinuba, or the city and county, to receive a deposit of bail.
C. The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure release must give his written promise to appear in the court by signing the duplicate notice which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.
D. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case.
E. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code.
F. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. (Ord. 2010-01 § 1 (part), 2010)
1.18.110 Violation of promise to appear a misdemeanor.
Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (Ord. 2010-01 § 1 (part), 2010)
1.18.120 Failure to appear—Warrant for arrest—Delivery of papers to magistrate.
A. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.
B. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (Ord. 2010-01 § 1 (part), 2010)
1.18.130 Enforcing officers generally.
The police chief and all peace officers employed by the police department are empowered to enforce, and are charged with the duty of enforcing, any and all provisions of this code or of any other ordinance of the city, including the power to arrest for such violations in accordance with the laws of the state of California, together with such other powers as are conferred upon them by the city. The police chief may authorize employees of the police department, excepting clerks, stenographers and others whose duties do not fall within the scope of law enforcement services, to enforce any and all provisions of the statutes of the state of California, of this code, or of any other ordinance of the city where the violation of such provision or provisions would constitute an infraction or misdemeanor, including the power to cite for such violations in accordance with the laws of the state of California. The chief of police may also authorize said employees to regulate traffic at the scenes of accidents or disasters or at such locations as may require traffic direction for orderly traffic flow, and to remove vehicles from highways, public property, and private property, when authorized by state law or local ordinance. (Ord. 2010-01 § 1 (part), 2010)
1.18.140 Citation officers.
A. Citation Officer. When in this code, or in any other ordinance of the city, an officer, firefighter, or employee of the city is empowered to enforce, or charged with the duty of enforcing, any particular provision or provisions of this code or of any other ordinance of the city, the violation of which provision or provisions would constitute a misdemeanor or infraction, the officer, firefighter or employee so empowered, or so charged with such duty, shall have the authority to arrest without warrant, or issue criminal citations or administrative citations as set forth in this section for the purpose of enforcing this code as conferred pursuant to California Penal Code Section 836.5 on public officers.
B. For this provision, before any officer, firefighter, or employee is deemed a citation officer with the authority to arrest without warrant, and write criminal citations and administrative citations, they must be approved by the city manager.
1. Fire Department. The fire chief in accordance with California Penal Code Section 836.5 hereby authorizes the following employee positions, fire chief, assistant/deputy/division chief, battalion chief, fire captain, designated acting captains, and fire inspectors, to make arrests without warrants, and issue court citations or administrative citations for the violation of the following: Municipal Code, the California Health and Safety Code, California Code of Regulations Title 19, Public Safety, California Fire Code, California Building Code, California Mechanical Code, California Electrical Code, Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings.
2. Development and Engineering Services. The development and engineering services director in accordance with California Penal Code Section 836.5 hereby authorizes the following employee positions, development and engineering services director, assistant development and engineering services director, planning and building director, the senior planner, the assistant planners, the building official, building inspectors, and code enforcement officers, to make arrests without warrants, and issue court citations or administrative citations for the violation of the provisions of this Municipal Code, the California Health and Safety Code, California Code of Regulations Title 19, Public Safety, California Fire Code, California Building Code, California Mechanical Code, California Electrical Code, Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings.
3. Public Works. The public works services director in accordance with California Penal Code Section 836.5 hereby authorizes the following employee positions, public works services director, assistant public works director, street superintendent, water superintendent, waste water superintendent, and public works inspector, to make arrests without warrants, and issue court citations or administrative citations for the violation of the following: Municipal Code, the California Health and Safety Code, California Code of Regulations, Title 19, Public Safety, California Fire Code, California Building Code, California Mechanical Code, California Electrical Code, Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings.
4. Police Department. The police chief in accordance with California Penal Code Section 836.5 hereby authorizes the following employee positions, community relations specialist and support services officer(s), to make arrests without warrants, and issue court citations or administrative citations for the violation of the following: the City Municipal Code, California Vehicle Code and California Penal Code.
C. Training Requirements. Before any such officer, firefighter or employee may exercise criminal citations or administrative citations authority pursuant to this section, that officer, firefighter or employee must complete an enforcement training program established at the direction of the chief of the Dinuba police department. The training program shall be designed to instruct officers, firefighters and employees regarding:
1. The provisions of this code to be enforced;
2. The evidentiary prerequisites to proper prosecution for violations thereof;
3. The procedural requirements of citations, including completion of forms, processing and amendment of citation forms; and
4. The limitations attendant thereto, or both;
5. Attend PC 832 Training Class.
D. Enforcement/Peace Officer. A peace officer is defined in Title 3, Chapter 4, Sections 830 et seq. of the California Penal Code. A peace officer is permitted to carry a firearm. Enforcement officers of the city are not peace officers, other than those hired and trained by the Dinuba police department, but may exercise the powers of arrest of a peace officer as specified in Penal Code Section 836 during the course and within the scope of their employment if they receive a training course in the exercise of those powers as prescribed by the Commission on Peace Officers Standards and Training as outlined in Penal Code Section 832.
E. Citation Authority. Officers, firefighters and employees who have completed the prerequisite training prescribed by subsection (C) or (D) of this section have the authority to issue administrative notice and orders, and criminal citations for both misdemeanors and infractions, as authorized by the city manager or his or her designee or the responsible department head or his or her designee.
F. Delegation. An officer or employee designated in subsection (E) of this section has the authority to appoint employees to assist in the enforcement responsibilities. Such employees shall likewise have the authority to issue criminal citations or administrative notice and orders following the written confirmation by the city manager or his or her designee or the responsible department head or his or her designee of the appointment of such employees by the officers and employees designated in subsection (E) of this section and upon completion of the training required by subsection (C) or (D) of this section.
G. Notice to Appear. Citation officers vested with criminal citation authority pursuant to this section may, pursuant to Sections 836.5, 853.5 and 853.6 of the California Penal Code, issue a citation in the form of a notice to appear to a person where any such citation officer has reasonable cause to believe that the person to be issued the citation has violated a provision of this code in the citation officer’s presence, which the citation officer had the discretionary duty to enforce, and therefore has committed a misdemeanor or infraction.
H. Release on Written Promise to Appear. A citation officer exercising the authority pursuant to this section may release the person to be issued a citation on his or her written promise to appear in court. The citation officer shall under no circumstances take the person to be issued a citation into custody.
I. Refusal to Sign. In the event that the person to be issued a citation refuses to provide his or her written promise to appear in court, a citation officer may summon a Dinuba city police officer and request that such police officer take the person into custody. If the person demands to be taken before a magistrate, the citation officer may summon a Dinuba city police officer and request that such police officer take the person into custody, or seek assistance of the city attorney and request that a complaint be prepared and filed against that person.
J. Filing and Maintenance Files. Citation officers having a duty to enforce the provisions of this code, and who exercise the authority to issue a citation pursuant to this section, shall maintain a file of executed citations issued under subsection (G) of this section and such citations shall be forwarded to the city attorney’s office for issuance of a complaint and filing with the appropriate magistrate.
K. Issuance as Infraction. Notwithstanding that a violation of a provision of this code which a citation officer has a duty to enforce is declared to be a misdemeanor, the citation officer may, pursuant to Section 1.16.010, issue the citation as an infraction.
L. Additional Authority. Nothing in this section shall be considered to limit any authority otherwise vested in the named officers and employees, provided elsewhere in this code, or by state law. (Ord. 2010-01 § 1 (part), 2010)
1.18.150 Enforcing officers—Powers of deputy.
Whenever a duty, right, power, privilege, or immunity is granted to, or imposed upon, a city officer, firefighter or employee, the duty may be performed, or the right, power, privilege, or immunity exercised, by any subordinate or aide to the officer, firefighter or employee who has been so charged by the officer, firefighter, employee, or when the obligations of the position of the subordinate or aide charge him with performing the duty or charge him with exercising or entitle him to exercise the right, power, privilege, or immunity. (Ord. 2010-01 § 1 (part), 2010)
1.18.160 Hearing officer.
The Dinuba city manager shall designate the hearing officer for the administrative citation hearing. The hearing officer shall not be a Dinuba city employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. (Ord. 2010-01 § 1 (part), 2010)
1.18.170 Hearing procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted to the office of the city clerk and the whole amount of the fine has been deposited in advance.
B. A hearing before the hearing officer shall be set for a date that is not less than fifteen working days and not more than sixty working days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten working days prior to the date of the hearing.
C. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of the Dinuba Municipal Code, or state codes specifically adopted by reference in the applicable chapters of the Dinuba Municipal Code, on the date(s) specified in the administrative citation.
D. The hearing officer or designee shall administer the oath or affirmation to parties offering testimony in regard to the matter at hand prior to the hearing. The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation. The hearing officer shall proceed to hear testimony from the representative of the city, the appellant and any other competent persons with respect to imposition of an administrative penalty.
E. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
F. The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The hearing officer shall have the authority to issue subpoenas for orders to appear and produce testimony or subpoenas duces tecum for orders to produce documents, or shall issue a subpoena upon a showing of reasonable necessity by the requesting party, in accordance with the requirements and conditions of Article 11 of Chapter 4.5 of part of Division 3 of the California Government Code. Failure to comply with any subpoena may be considered by the hearing officer in making his/her decision regarding the imposition of administrative penalties.
G. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by mail on the person requesting the hearing at least five working days prior to the date of the hearing. At least ten working days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.
H. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
I. In the case of a violation related to property in the city, the hearing officer may inspect the building and premises involved in the hearing prior to, during, or after the hearing; provided, that:
1. Notice of such inspection shall be given to the parties before the inspection is made; and
2. The parties consent, and are given an opportunity to be present during the inspection. Upon completion of an inspection, the hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, the material facts observed and the conclusion drawn therefrom. Each party shall have a right to rebut or explain the matters so stated by the hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record. Inspections may be made without notice to the responsible parties if the property can be inspected from areas to which the general public has access. (Ord. 2017-07 § 1 (part), 2017: Ord. 2010-01 § 1 (part), 2010)
1.18.180 Hearing officer’s decision.
A. The hearing officer may affirm the administrative enforcement order imposed by the city, reduce the penalty, amend the abatement order, or find that the imposition of the penalty or abatement order is not warranted or is not in the interest of justice and vacate the order. The hearing officer shall consider evidence presented by all witnesses, the seriousness of the violation, the responsible party’s efforts to correct the violation, the injury or damage, if any, suffered by any member of the public, any instances in which the responsible party has been in violation of the same or similar code provisions in the previous three years, and the amount of city staff time which was expended investigating and addressing the violation.
B. A statement of decision of the administrative enforcement order appeal hearing officer shall be issued within thirty calendar days of the hearing. The statement of decision shall be in writing, and shall contain a statement of the determination as to whether the administrative enforcement order is affirmed, amended or vacated, and the findings of fact supporting the determination. In addition, if the determination is to uphold or amend the administrative enforcement order, the statement decision must contain the following items:
1. A statement indicating the administrative enforcement order is now a final administrative enforcement order and that any appeal of the hearing officer’s decision must be filed with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6. Upon issuance of the decision, the city shall serve a copy on the appellant by first class mail to the address provided by the appellant in the written notice of appeal. The hearing officer’s decision shall be deemed served two calendar days after the date it is mailed to the address provided by the appellant.
C. In the case of administrative abatement order, a statement that if the action identified is not taken within the time indicated, the city may perform the abatement itself, and the costs of the city’s abatement shall be added to the penalty. (Ord. 2017-07 § 1 (part), 2017: Ord. 2010-01 § 1 (part), 2010)
1.18.190 Failure to pay fines.
The failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the city of Dinuba—finance, to file a claim with the small claims court. Alternatively, the city may pursue any other legal remedy to collect the civil fines. The city may also recover all of its collections costs. (Ord. 2010-01 § 1 (part), 2010)
1.18.200 Right to judicial review.
Any administrative penalty imposed against a responsible party pursuant to this chapter must be appealed in the manner and within the time provided in California Code of Civil Procedure Sections 1094.5 and 1094.6. (Ord. 2017-07 § 1 (part), 2017: Ord. 2010-01 § 1 (part), 2010)
1.18.210 Notices.
A. The administration citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of this chapter.
B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder. (Ord. 2010-01 § 1 (part), 2010)