§ 8-183. Administrative Fines or Penalties—Procedures.

1.

Administrative penalties established pursuant to this Chapter shall be imposed and collected as set forth herein.

2.

Notice of Violation. When a violation of any of the provisions of this Chapter is identified, the Chief of Animal Services shall issue a Notice of Violation to the owner. The Notice shall be on a form prescribed by the Chief of Animal Services and shall contain the following information: (1) date, approximate time, and address or definite description of the location where the violation(s) was observed; (2) the code section violated and a description of the violation; (3) a description of the action required to correct the violation; (4) and order to the owner to correct the violation(s) within a time specified and an explanation of the consequences of failure to correct the violation(s); (5) the amount of the monetary penalty for the violation(s); (6) an explanation of how the penalty shall be paid, the time period by which it shall be paid, and the place to which the penalty shall be paid; (7) identification of rights of appeal, including the time within which the Notice may be contested and the place to obtain a Notice of Appeal and Request for Hearing form to contest the Notice of Violation; and (8) the name and signature of the citing officer and, if possible, the signature of the responsible owner. A single Notice of Violation may charge a violation for one or more days on which a violation exists, and for the violation of one or more code sections.

3.

Service of Citation. The Chief of Animal Services shall impart notice to the owner of the violation in the following manner:

a)

Personal Service. The Chief of Animal Services shall attempt to locate and personally serve the responsible owner and, if possible, obtain the signature of the responsible owner on the Notice of Violation. If the responsible owner served refuses or fails to sign the Notice, the failure or refusal to sign shall not affect the validity of the Notice or of subsequent proceedings.

b)

Mail. If, for any reason, the Chief of Animal Services is unable to personally serve the Notice of Violation on the responsible owner, the Notice shall be mailed to the responsible owner by certified mail, postage prepaid with a requested return receipt. Concurrently, the citation shall be sent by regular mail. Service by mail shall be sent to the responsible owner's address as shown on public records or as known by the City of Citrus Heights. If the Notice is sent by certified mail and returned unsigned, then service shall be deemed effective by regular mail, provided the Notice sent by regular mail is not returned by the post office. Service by mail shall be effective on the date of mailing.

c)

Posting Notice. As an alternative to service by mail, and if the Chief of Animal Services is unable for any reason to personally serve the responsible owner, the Chief of Animal Services may post the Notice of Violation at a conspicuous location on any real property within the City of Citrus Heights in which the Chief of Animal Services has knowledge that the responsible owner has a legal interest, and such posting shall be deemed effective service. Service shall be deemed effective pursuant to posting on the date that the Notice is actually posted.

The failure of any responsible owner to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this Chapter.

4.

Opportunity to Correct the Violation. Once a Notice of Violation has been served upon a responsible owner, the owner shall be allowed 14 days to correct or remedy the violation. If the responsible owner properly corrects or remedies the violation, he or she shall not be assessed an administrative penalty. If the responsible owner fails to correct or remedy the violation, administrative penalties shall be assessed from the date written upon the Notice. This subsection shall not be construed to waive any fee or payment that would ordinarily be required pursuant to this Chapter.

5.

Satisfaction of Notice of Violation.

a)

Upon receipt of a Notice of Violation, the responsible owner must do the following: (i) pay the administrative penalty to the Division of Animal Services (ii) demonstrate to the Chief of Animal Services that the violation has been corrected or remedied, if the violation(s) is of such a nature that it can be remedied. The Chief of Animal Services may not accept payment of an administrative penalty unless the responsible owner has demonstrated that the violation has been corrected or remedied. If the violation is corrected or remedied within the time set forth in subsection (4), no fine shall be imposed.

b)

If a responsible owner fails to properly correct or remedy a continuing violation in accordance with subsection (4) or otherwise, the owner shall pay the accrued penalty amount to the Division of Animal Services. Penalty amounts shall continue to accrue as specified up until the date the responsible owner satisfies the Notice of Violation or files a Notice of Appeal. Payment of an accrued penalty shall not excuse or discharge the owner's responsibility to correct or remedy the cited violation, nor shall it bar further enforcement action by the Chief of Animal Services.

6.

Appeal of Citation.

a)

Any recipient of a Notice of Violation may contest that there was a violation of this Chapter or that he or she is the responsible owner by completing a Notice of Appeal and Request for Hearing form and filing it with the Division of Animal Services within 15 calendar days from the date of issuance of the Notice, together with an advance deposit of the total amount of the monetary penalty, or the timely filing of a Request for an Advance Deposit Hardship Waiver pursuant to subsection (7) of this section. Any appeal of the Notice of Violation must include a detailed written explanation of as to the grounds for appeal.

b)

The filing of a Notice of Appeal does not stay, postpone or excuse the responsible owner's duty to correct or remedy a cited violation. The proper filing of a Notice of Appeal, along with an advance deposit of the total accrued penalty including any fees that are the subject of the Notice of Violation, will toll any late penalties that would accrue thereafter for a continuing violation. If the hearing officer upholds the Notice of Violation, any applicable late penalties shall begin to accrue again on the day following the issuance of the hearing officer's written Decision. Any penalty amount that has been deposited in advance shall be refunded if it is determined, after a hearing, that the person charged in the Notice of Violation was not responsible for the violation(s) or that there was no violation(s) as charged in the Notice of Violation.

c)

The failure to submit a timely and complete request for hearing will terminate a person's right to contest the Notice of Violation and result in a failure to exhaust administrative remedies, and the order of the Notice of Violation will serve as a formal determination and conclusive evidence of the named responsible owner's liability.

7.

Advance Deposit Hardship Waiver. A person seeking an administrative hearing may request a hardship waiver of the penalty deposit by filing with the Chief of Animal Services a completed "Advance Deposit Hardship Waiver," which must be signed under penalty of perjury. The request must be submitted along with the request for hearing. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to make the deposit. The request will be decided by the Chief of Animal Services within three business days from the date the request is received, and the Chief of Animal Services' decision is final. The applicant will be notified by telephone, facsimile, or in person of the decision on the request. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the penalty when due. If the request for hardship waiver is denied, an administrative hearing will not be scheduled unless the penalty deposit is paid within five business days following the Chief of Animal Services' determination on the request for a hardship waiver.

8.

Hearing Officer. The Hearing Officer shall conduct the administrative hearing. In addition to the authority conferred in this section, the Hearing Officer shall have the authority set forth in Section 8-172 of this Chapter.

9.

Hearing Procedure. The following rules shall apply to the conduct of a hearing under this section:

a)

No hearing to contest an administrative penalty before a hearing officer shall be held unless and until a Notice of Appeal and Request for Hearing form has been completed and timely filed, and either the total amount of the penalty has been timely deposited in advance with the Chief of Animal Services or, as indicated on the Notice of Appeal and Request for Hearing form, that a Request for an Advance Deposit Hardship Waiver has been timely filed pursuant to Subsection (7) of this section;

b)

The hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 calendar days from the date that the Notice of Appeal and Request for Hearing form is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.

10.

The hearing officer shall only consider evidence relevant to whether the violation(s) occurred and whether the responsible owner has caused, maintained or allowed the violations of this Chapter;

a)

The person contesting the administrative penalty shall be given the opportunity to testify and present witnesses and evidence concerning the alleged violation;

b)

The failure of any recipient of a Notice of Violation to appear at the hearing or, in the alternative, to present written or demonstrative evidence shall constitute an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate as well as a failure to exhaust administrative remedies that may bar judicial review;

c)

The Notice of Violation and any additional documents submitted by the Chief of Animal Services shall constitute prima facie evidence of the respective facts contained in those documents;

d)

If the Chief of Animal Services submits an additional written report concerning the alleged violation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by first class mail on the person requesting the hearing at least five days prior to the date of the hearing;

e)

At least ten calendar days prior to the date of the hearing, the recipient of a Notice of Violation shall be provided with copies of the notices, reports and other documents submitted or relied upon by the Chief of Animal Services. No other discovery is permitted. Formal rules of evidence shall not apply;

f)

The hearing officer may continue the hearing and request additional information from the Chief of Animal Services or the recipient of the Notice of Violation prior to issuing a written decision;

g)

The hearing officer is not required to provide transcripts of hearings, but is required to make available tape recordings of hearings for a fee.

11.

Hearing Officer's Decision.

a)

After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten days of the date of the hearing to uphold or cancel the Notice of Violation and shall list in the Decision the reasons for that Decision. The Decision of the hearing officer shall be final;

b)

If the hearing officer determines that the Notice of Violation should be upheld, then the Chief of Animal Services shall retain the penalty amount, including any fee that is the subject of the Notice of Violation, on deposit with the Chief of Animal Services;

c)

If the hearing officer determines that the Notice of Violation should be upheld, and the penalty has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set a payment schedule for the payment of the penalty, including any fee that is the subject of the Notice of Violation. Accrual of any late penalty charges shall resume on the day following the date of the hearing officer's Decision;

d)

If the hearing officer determines there has been no violation and the penalty was deposited with the Chief of Animal Services, then the Chief of Animal Services shall promptly refund the amount of the deposited penalty;

e)

The recipient of the Notice of Violation shall be served with a copy of the hearing officer's written Decision.

12.

Failure to Pay Administrative Penalties.

a)

The failure of any person to pay the administrative penalties assessed in connection with a Notice of Violation within the time specified on the Notice constitutes a debt to the City of Citrus Heights and may result in the matter being referred to a collection agency, which may file a claim with the Small Claims Court or, in the alternative, utilize any legal means within its power to collect the amount owed. The City may pursue any other legal remedy to collect the administrative penalties.

b)

Any person who fails to pay to the City of Citrus Heights any administrative penalty imposed pursuant to this Chapter on or before the date the penalty is due shall also be liable in any action brought by the City for all costs incurred in securing payment of the delinquent amount, including, but not limited to administrative costs and attorneys' fees. Such collection costs are in addition to any required fees, penalties, and late charges.

c)

In addition to any violation fine, the City may collect its administrative costs, interest, late payment charges, cost of compliance reinspections, and collection costs.

i.

Administrative costs: based on time spent by city animal services and/or code enforcement staff, supervisors and city attorney's office, at the-full cost hourly rate for each employee, including salary, benefits and overhead.

ii.

A person who fails to pay to the City the fine imposed under this section on or before the date that fine is due is also liable for the late payment charges of up to ten percent of the amount due. The delinquent amount, including the ten percent late payment charge, shall thereafter incur an added penalty charge of up to one-half percent per month until paid.

iii.

Compliance reinspections: based on staff time at the full cost hourly rate.

iv.

Collection costs: actual collection costs.

d)

Notwithstanding all of the procedures set forth in this section, the Chief of Animal Services shall have the ability and discretion to enforce violations of this Chapter, to impose necessary conditions, to forgive portions of a debt or penalty owed to the City of Citrus Heights under this Chapter, and to coordinate collection and enforcement efforts with a collection agency.

13.

Right to Judicial Review. Any person aggrieved by an Administrative Decision of a hearing officer on an administrative citation may obtain review of the Administrative Decision by filing a Petition for Review with the Sacramento County Superior Court in accordance with the timelines and provisions as set forth in California Government Code section 53069.4.

(Ord. No. 2012-002, § 1, 2-9-2012)