Chapter 6.14
ADMINISTRATIVE CITATIONS AND PROCEDURES
Sections:
6.14.010 Purpose of this chapter.
6.14.030 Administrative citation penalty – Amounts.
6.14.050 Administrative appeal of administrative citation.
6.14.060 Judicial review of administrative hearing officer’s ruling.
6.14.010 Purpose of this chapter.
The SASA has the authority to provide animal control and enforcement of this title. As part of the administration of SASA, violations of Chapter 6.20 HMC and HMC 6.36.050 may be punishable by administrative citation. (Ord. 13-04(A) § 1, 2013)
6.14.020 Definitions.
A. “Administrative citation” for purposes of this chapter shall mean a civil citation issued pursuant to this chapter and section stating that there has been a violation of one or more provisions of this title and setting the amount of the administrative penalty(ies) to be paid by the responsible party.
B. “Responsible party” shall mean any individual(s) who owns the animals for which an administrative citation under this title is being written.
C. “Enforcement officer” shall mean the SASA, its executive director and SASA staff who are authorized to enforce this title.
D. “Hearing officer” means the individual who shall conduct the administrative citation appeal hearings and other administrative hearings pursuant to this chapter and shall render decisions pursuant to the applicable administrative hearing procedures set forth in this chapter. (Ord. 13-04(A) § 1, 2013)
6.14.030 Administrative citation penalty – Amounts.
A. Any responsible party violating Chapter 6.20 HMC and HMC 6.36.050 may be issued an administrative citation by an enforcement officer, in accordance with the provisions of this section.
B. Each and every day a violation of the provisions of Chapter 6.20 HMC and/or HMC 6.36.050 exists constitutes a separate and distinct offense and shall be subject to citation.
C. The enforcement officer may issue a citation for a violation not committed in their presence, if the enforcement officer has determined through the investigation that the responsible party did commit or is otherwise responsible for the violation. The enforcement officer may issue administrative citations alone or in addition to all other enforcement proceedings available to them in this code, or by state or federal law, whether administrative, civil or criminal in nature.
D. Unless provided otherwise in this code, administrative penalties for the violation under Chapter 6.20 HMC and HMC 6.36.050 would be punishable as an infraction and shall be assessed as follows:
1. One hundred dollars for a first violation;
2. Two hundred dollars for a second violation of the same ordinance within one year;
3. Five hundred dollars for each additional violation of the same ordinance within one year;
4. The maximum fines imposed in this section are based upon the provisions of Section 25132 of the Government Code and will be increased automatically and without amendment to this section upon any amendment to Section 25132 of the Government Code increasing the amount of fines permitted.
E. The responsible party shall be provided an opportunity to correct the violation prior to the imposition of the administrative penalty as follows:
1. If a responsible party fails to correct a violation within 30 days after an administrative citation is served under this section, the administrative penalty established by the citation shall become effective and due immediately. Administrative citations for additional violations of the same ordinance shall not be served with less than 30 days passing between subsequent citations. The administrative penalty shall not exceed $800.00.
2. The administrative penalty, or any portion thereof, for a violation which has become effective following the 30-day corrective period may be waived by the executive director, or his/her designee(s), in his/her sole discretion only if the responsible party corrects the violation in accordance with all conditions established by the enforcement officer. (Ord. 13-04(A) § 1, 2013)
6.14.040 Content of citation.
A. The administrative citation shall be issued on a form approved by the animal services executive director in consultation with the office of county counsel. The administrative citation form shall contain the following information:
1. The name, if known, and mailing address of the responsible party.
2. The administrative citation shall refer to the date(s) and location of the violation and the approximate time(s), if applicable, that the violation was observed.
3. The administrative citation shall identify each violation by the applicable section number of this title and by either the section’s title or a brief descriptive caption.
4. The administrative citation shall describe the action(s) required to correct the violations, including the how, where, to whom, and within what number of days the penalty shall be paid and consequences of failure to pay the penalty within this time period.
5. The administrative citation shall require the responsible party to immediately correct the violation where appropriate, or otherwise indicate a reasonable compliance deadline date and shall explain the consequences for failure to correct the violation.
6. The administrative citation shall state the amount, if any, of the penalty imposed for the violation. Multiple violations may be listed on the same citation form. In the event of multiple violations, the administrative citation shall list the penalty amount, if any, for each violation and the total amount of all the penalties. However, different citations are to be written for each different dog of the same owner(s).
7. The administrative citation shall identify all appeal rights and include instructions on how to appeal the citation, including instructions regarding the advance deposit hardship waiver.
8. The administrative citation shall contain the printed name and the signature of the enforcement officer issuing the citation and, where reasonably possible, obtain the signature of the responsible party, if he or she or they can be located.
9. The administrative citation shall be served upon the responsible party.
B. Service of Citation.
1. Service of an administrative citation may be made upon the responsible party either by personal delivery or by first class mail, postage prepaid, return receipt requested, and shall be deemed completed when it is personally delivered to the responsible party, or, if mailing is used, five days after deposit in the mail for mailing to an address within California or 10 days after deposit for mailing to an address outside California. If the copy of the administrative citation sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked “unclaimed” and/or “refused,” then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service.
2. In lieu of personally serving the responsible party by personal delivery or first class mail, postage prepaid, service of the administrative citation, and any amended or supplemental citation, may be made by substituted service using the methods described in Sections 415.20 through 415.95 of the California Code of Civil Procedure.
3. The failure of any responsible party to receive a copy of the administrative citation shall not affect the validity of the proceedings.
C. Administrative Citation Penalties and Costs.
1. If the violation is not corrected within the time limits established in HMC 6.14.030(E)(1), then additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified below:
a. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the enforcement officer.
b. The penalties assessed shall be due to SASA within 30 calendar days from the date the administrative citation is issued.
c. Except as provided below, any responsible party who fails to pay to SASA any penalty imposed pursuant to the provisions of this section shall be liable for payment of the applicable late payment charges as follows:
i. For payments received within 30 days after the due date, a late fee is due according to the current fee schedule.
ii. For payments received more than 30 days after the due date, a late fee is due according to the current fee schedule. (Ord. 13-04(A) § 1, 2013)
6.14.050 Administrative appeal of administrative citation.
A. Notice of Appeal. Any responsible party to whom the administrative citation has been issued may appeal the administrative citation by completing and filing a written notice of appeal form with SASA.
1. The written notice of appeal must be filed within 20 calendar days of the date the administrative citation was served in a manner set forth in HMC 6.14.030 and in this section. The written notice of appeal shall be filed together with an advance deposit, for the full amount of the penalty stated on the administrative citation.
2. Failure to file a written notice of appeal and the full amount of the advance deposit within this time period shall constitute a waiver of the right to appeal the administrative citation. As a result of failing to appeal an administrative citation, the administrative citation automatically becomes a final administrative order 25 calendar days after service.
3. Any administrative citation penalty that has been deposited shall be refunded if it is determined, after a hearing, that the responsible party charged with the violation was not responsible for the violation or that there was no violation as charged in the administrative citation. The time requirement for filing a written notice of appeal form shall be deemed jurisdictional and may not be waived.
B. Advance Deposit Hardship Waiver. Any responsible party intending to appeal an administrative citation and who is financially unable to make the advance deposit as required by this section may file a written request for an advance deposit hardship waiver. The written request must be filed before filing the written notice of appeal. The written request shall be filed with the animal services executive director of SASA. A SASA-approved form shall be made available for this purpose and conform to the requirements of Section 68511.3 of the Government Code or at minimum shall contain the same elements as the application form for waiver of court fees and costs prepared by the Judicial Council of California for use in California courts. The person requesting the advance deposit hardship waiver shall indicate on the corresponding notice of appeal that an advance deposit hardship waiver request has been submitted.
C. Advance Deposit Hardship Waiver Evaluation Procedures. Pending a decision by animal services executive director, or the director’s designee, to grant or deny the request, the advance deposit requirement shall be stayed and no administrative hearing shall be scheduled. The animal services executive director, or the director’s designee, may waive the advance deposit requirement and issue a waiver only if the person requesting the waiver submits to the animal services executive director’s attention a sworn affidavit, together with any supporting documents or materials, reasonably demonstrating to the director the person’s actual financial inability to submit the advance deposit in advance of the appeal hearing. Within 10 days of receipt of the advance deposit hardship waiver request, the animal services executive director, or the director’s designee, shall issue a written decision to grant or deny the request. If the request is denied, the written decision shall explain the reason(s) for denial of the waiver and shall state the due date for payment of the advance deposit. The written decision of the animal services executive director, or the director’s designee, shall be sent via first class mail to the requesting party and shall be final. An administrative hearing shall not be scheduled until the advance deposit is received. If the request is denied and the advance deposit is not remitted within the time frame indicated in the written decision, the right to an appeal shall be deemed waived and payment of the administrative penalty shall become due immediately. The amount due shall be subject to all applicable late fees, which shall accrue from the original due date as indicated on the administrative citation.
D. Contents of Notice of Appeal. The notice of appeal shall be submitted on SASA-approved forms and shall contain the following information:
1. A brief statement setting forth the responsible party’s (hereinafter “appellant”) interest in the proceedings;
2. A brief statement of the material facts that the appellant claims supports their contention that they did not commit, cause, or otherwise allow a violation of one or more provisions of Chapter 6.20 HMC and/or HMC 6.36.050 to occur, exist, or continue as alleged in the administrative citation at issue; or that they are not a responsible party as defined in HMC 6.14.020(B);
3. A mailing address at which the appellant agrees that notice of any additional proceeding, or an order relating to the imposition of an administrative citation penalty, shall be received and accepted by the appellant by first class mail;
4. The notice of appeal must be signed and dated by the appellant.
E. Administrative Hearing. Upon SASA’s receipt of a timely, written notice of appeal from the appellant, an administrative hearing shall be held as follows:
1. Hearing Date. The hearing shall be held at the day, time and place of animal court in HMC 6.12.030, or unless set forth otherwise at the animal services executive director’s discretion, and not later than 60 days from the date the notice of appeal is received by SASA, unless otherwise stayed by the timely submission of an advance deposit hardship waiver, as indicated above.
2. Notice of Hearing. Notice of the administrative hearing shall be given to the appellant at least 10 calendar days before the hearing. The notice may be delivered to the appellant or mailed by first class mail to the address listed in the notice of appeal. Neither personal service nor service by certified mail shall be required.
3. Hearing Officer. One of three hearing officers, appointed by the board of SASA, in a fixed rotational order, shall hear testimony presented by SASA and the appellant appealing the issuance of the administrative citation. The appellant may challenge the hearing officer first assigned to the matter. If so challenged, the hearing may be continued until the next month to be held before the hearing officer next in order. The animal services executive director, through the SASA’s contracting process, will contract with administrative hearing officers to conduct administrative hearings. The recommendation of the hearing officer shall be deemed adopted by the board of SASA, to whom the board of supervisors has delegated this authority and power for purposes of administrative citations under this title, without further notice.
4. Conduct of the Hearing.
a. The enforcement officer who issued the administrative citation shall not be required to participate in the administrative hearing. The contents of the enforcement officer’s case file shall be admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical or formal rules of evidence. SASA shall bear the burden of proof at the administrative hearing to establish the existence of a violation of Chapter 6.20 HMC and/or HMC 6.36.050 by a preponderance of the evidence. The hearing officer shall have the discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will cause an undue consumption of time. The enforcement officer establishing or confirming the occurrence or existence of a violation of this title (or city municipal code number) shall be deemed the complaining or reporting party.
b. Provided that proper notice of the administrative hearing has been served as required by this section, an appellant who fails to appear at the administrative hearing shall be deemed to have waived each of the following: the right to such hearing, the adjudication of issues presented at the hearing, and any and all rights afforded to the appellant under this section. The appellant shall also be deemed to have failed to exhaust their administrative remedies.
c. Notwithstanding subsection (E)(4)(b) of this section, if the appellant fails to appear at the administrative hearing, the hearing officer shall make his/her determination based on the information contained in the enforcement officer’s case file and the appellant’s notice of appeal.
d. The only evidence that shall be permitted at the administrative hearing and considered by the administrative hearing officer in reaching a decision is that evidence which is relevant to the proof or disproof of:
i. Ownership of the subject animal;
ii. Whether a person noticed by SASA as a responsible party is, in fact, a responsible party;
iii. Whether a violation of this title occurred and/or continues to occur on the date or dates specified in the administrative citation;
iv. Whether the responsible party has committed, caused, maintained, or permitted a violation of this title on the date or dates specified on the administrative citation;
v. SASA’s administrative costs.
F. Hearing Officer’s Ruling.
1. After considering all the testimony and evidence submitted at the hearing, the hearing officer shall take the matter under submission. The hearing officer shall within 10 days issue a written administrative decision entitled “administrative citation order” to uphold or cancel the administrative citation, as to each violation, and shall list in the ruling the reasons for that decision.
2. If the hearing officer determines that the administrative citation should be upheld, then the amount of the penalties set forth in the citation shall not be reduced or waived for any reason. As to an administrative citation listing multiple violations, the amount of penalties for the violations so upheld shall not be reduced or waived for any reason.
3. If the hearing officer cancels the administrative citation, then no penalty shall be assessed and any penalty otherwise deposited with SASA shall be promptly refunded to the appellant. When an administrative citation lists multiple violations, then no penalties shall be assessed for the specific violations so cancelled and the amounts of such penalties otherwise deposited with SASA shall be promptly refunded to the appellant.
4. The ruling shall contain instructions for obtaining judicial review of the decision pursuant to Section 53069.4 of the Government Code, as that section may be from time to time amended, or the successor provision thereto.
5. If the administrative citation is upheld, the hearing officer shall also award SASA its administrative costs. An itemized summary of these costs shall be presented at the hearing. (Ord. 13-04(A) § 1, 2013)
6.14.060 Judicial review of administrative hearing officer’s ruling.
A. Notice of Appeal. Within 20 calendar days of the date of the mailing or serving of the ruling to the appellant, the appellant (hereinafter “contestant”) may contest that decision by filing an appeal to be heard by the Stanislaus County superior court, and paying to the court clerk the filing fee set forth at Section 53069.4 of the Government Code, or the successor provision thereto. 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 ruling shall be deemed confirmed. The contestant shall serve a copy of the notice of appeal to the court, in person or by first class mail upon SASA.
B. Conduct of the Superior Court Appeal Hearing. The conduct of the appeal before the Stanislaus County superior court is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officers at the direction of the presiding judge at the Stanislaus County superior court. The appeal shall be heard de novo, except that the contents of SASA’s file in the case shall be received in evidence. A copy of the document or instrument of SASA providing notice of the violation and imposition of the administrative penalty (i.e., the administrative citation) shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that SASA’s file in the case be forwarded to the court, to be received within 15 calendar days of the request.
C. Judgment. The court shall retain the filing 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 SASA. Any deposit of the administrative penalty shall be refunded by SASA in accordance with the judgment of the court. If the administrative penalty has not been deposited and the decision of the court is against the contestant and in favor of SASA, SASA may proceed to collect the penalty and administrative costs, in any manner provided by law.
D. Collection. An administrative citation order becomes a final administrative order when a timely administrative appeal is not filed, or when the hearing officer’s decision is not appealed to the superior court within 25 days of mailing the decision first class postage paid, as set forth in Section 53069.4(b)(1) of the Government Code. The SASA may then proceed to collect as follows:
1. The SASA may commence a civil action to collect the administrative fine specified in the final administrative order as well as any accrued interest and/or late pay charges. In the event a civil action is commenced to collect, the SASA shall be entitled to recover all costs associated with the collection of the administrative fine and those costs set forth in Section 1033.5 of the Code of Civil Procedure; or
2. The SASA may collect any past due administrative citation penalty or late payment charge, including without limitation the amount of the costs, such as collection costs. SASA may transmit the final administrative order for administrative costs and administrative citation penalties, or notice of the judgment arising from a collection or other legal action, to the county treasurer/tax collector, revenue recovery division. A judgment or award/order of such costs, penalties or damages may also be enforced in any other manner provided by law, including enforcement of a civil judgment pursuant to Enforcement of Judgment Law, Code of Civil Procedure Section 680.010 et seq. (Ord. 13-04(A) § 1, 2013)