Administrative Citations - Request a Administrative Hearing (External Review, Fee Applies)

A responsible party’s failure to request an administrative hearing may be deemed a waiver of the right to an administrative hearing by the responsible party when the Division has not received a timely request for a hearing, or a timely deposit of the fine, or a timely request for a hardship waiver.

2. Powers of Hearing Officers - The Hearing Officer shall have those powers set forth in Sections 27721 and 27722 of the Government Code, including the power to decide a matter upon which a hearing has been held, the power to make findings of fact and conclusions of law required for the decision, the power to administer subpoenas, the power to receive evidence, the power to administer oaths, the power to rule on questions of law and the admissibility of evidence, and the power to prepare a record of the proceeding. The Hearing Officer shall continue a hearing only upon a showing of good cause

5. Hearing Procedures - The Hearing Officer shall ordinarily proceed in the following order when conducting Administrative Citation Hearings;

(a) County staff’s presentation shall proceed first, and may be presented orally, in writing, or a combination thereof.

The presentation shall include identification of the property, a summary of the history and matters at issue, a staff

analysis of the legal and factual issues related to the Code violation(s), and a recommended decision.

(b) A presentation by or on behalf of the property owner if he/she so chooses.

(c) A presentation by tenants or other occupants of the subject property, if other than the owner.

(d) Other persons whose interests may be affected by the proceeding.

(e) The County shall be entitled to rebuttal.

During the course of the hearing, the Hearing Officer may question any witness. Cross examination of a witness by each party shall be permitted. Visual materials and exhibits may be used if deemed relevant, and shall become part of the public record and property of the County, except upon stipulation of the parties that the originals may be returned. The Hearing officer may establish reasonable time limits for presentations. Testimony shall be given under oath or affirmation.

At any time before the matter is deemed submitted for decision by the Hearing Officer, any interested party may submit written evidence or argument by providing one copy to the Hearing Officer and opposing party, and making one copy available for public review. Ex-parte communication shall not be permitted.

After all of the testimony is taken, the Hearing Officer shall close the public hearing unless he or she deems it necessary to continue the hearing for receipt of additional evidence. At the conclusion of the hearing, the Hearing Officer shall take the matter under submission, and within ten (10) days of taking the matter under submission shall render a written decision, including any findings or conclusions required for that decision, and submit the decision and the record to the clerk of the Community Development Agency.

7. Recording - All proceedings shall be recorded by mechanical means. If a transcript of the proceeding is requested, the requesting party shall be responsible for the scheduling and payment of a court reporter to transcribe the hearing.

8. Recusal of Hearing Officer - At the time the Administrative Citation Hearing is noticed, the name of the Hearing Officer shall be included in the notice. Within five (5) days of the notice being mailed, posted, or published, any individual desiring to recuse the Hearing Officer shall notify the Community Development Agency of the specific factual basis for seeking recusal. Failure to notify the Community Development Agency within the five day period shall be deemed a waiver of any right to recuse the assigned Hearing Officer at the Administrative Citation Hearing. In the event the Hearing Officer denies that a conflict of interest exists, the Planning Director or other designee shall hear evidence, consider the matter, and render a decision regarding whether a conflict of interest exists.

If the Hearing Officer determines at the conclusion of the administrative hearing that the responsible party violated the Code, the Hearing Officer’s order shall describe the violation(s) and may determine a penalty which may include fines, fees, costs, and charges. An order of the Hearing Body becomes final when it has been upheld on appeal or the time for appeal has run. A final administrative order shall be served on the parties within ten (10) days after the hearing. If the order validates any part of the citation, then the parties shall be informed of the following:

1. The final amount of any fine imposed by the Hearing Officer shall be determined and payable to the Community Development Agency’s Fiscal Unit within thirty (30) days of the final order, and any deposit in excess of the fine shall be ordered to be returned. In the event that the responsible party seeks judicial review of the final administrative order, payment of any fines, fees, costs, or charges shall be stayed pending the decision of the Superior Court.

2. Pursuant to Section 53069.4(b) of the Government Code, a responsible party may seek judicial review of the final administrative hearing order or decision by filing a timely appeal with the Superior Court within twenty (20) days after service of the final administrative order. The Superior Court shall hear the appeal de novo, except that the contents of the Code Compliance Division’s file shall be received in evidence. If the decision of the court is against the responsible party, and the administrative fine has not been deposited within thirty (30) days of the court’s final order, the County may proceed to collect the penalty pursuant to the procedures set forth in L-II 5.23.K.

In the event the responsible party fails to pay the administrative penalty and costs when due, the County may take any action permitted by law to collect the unpaid administrative penalty. Such action may include, but is not limited to, recordation of a lien on the subject property, including lien pursuant to Government Code Section 54988, or a small claims action for a civil money judgment. The County shall provide the or a small claims action for a civil money judgment. The County shall provide the owner of the property with a minimum of thirty (30) days written notice of intent to commence collection of the administrative penalty, including the intended method of collection.

Notice shall be deemed to have been received by the responsible party five (5) days after it was sent by certified mail to the responsible party’s last known address, upon which the responsible party will have forty-five (45) days to pay the penalty. If the responsible party fails to pay the penalty within forty-five (45) days of notice of intent to commence collection proceedings, the County is authorized to commence collection proceedings. If the method of collection is by lien, the responsible party may request to appear before the Board of Supervisors to be heard regarding the amount of the proposed lien.

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