Laserfiche WebLink
Ordinance No. 2239 <br /> Page 3 of 6 <br /> EXHIBIT A <br /> The following sections of the Pleasanton Municipal Code are amended as follows: <br /> 1.24.030 Administrative citation. <br /> A. Whenever an enforcement officer charged with the enforcement of any provision of this <br /> code determines that a violation of that provision has occurred, the enforcement officer shall <br /> have the authority to issue an administrative citation to any person responsible for the violation. <br /> B. Each administrative citation shall contain the following information: <br /> 1. The date of the violation; <br /> 2. The address or a definite description of the location where the violation occurred; <br /> 3. The section of this code violated and a description of the violation; <br /> 4. The amount of the fine for the code violation; <br /> 5. A description of the fine payment process, including a description of the time within <br /> which and the place to which the fine shall be paid; <br /> 6. An order prohibiting the continuation or repeated occurrence of the code violation <br /> described in the administrative citation; <br /> 7. A description of the administrative citation review process, including the time within <br /> which the administrative citation may be contested and the place from which a request <br /> for hearing form to contest the administrative citation may be obtained; and <br /> 8. The name and signature of the citing enforcement officer. In a situation where the <br /> enforcement officer was not able to personally witness the violation, the enforcement <br /> officer may allow a third party who personally witnessed the violation to sign the <br /> administrative citation. <br /> 1.24.090 Hearing procedure. <br /> A. No hearing to contest an administrative citation before a hearing officer shall be held <br /> unless the fine has been deposited in advance in accordance with Section 1.24.060 of this <br /> chapter or an advance deposit hardship waiver has been issued in accordance with <br /> Section 1.24.070 of this chapter. <br /> B. A hearing before the hearing officer shall be set for a date that is not less than 15 days <br /> and not more than 60 days from the date that the request for hearing is filed in accordance with <br /> the provisions of this chapter. <br /> C. At the hearing, the party contesting the administrative citation shall be given the <br /> opportunity to testify and to present evidence concerning the administrative citation. For those <br /> administrative citations signed by a third party who personally witnessed the violation, such third <br /> party must appear to testify and present evidence concerning the administrative citation. <br /> D. The failure of any recipient of an administrative citation to appear at the administrative <br /> citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative <br /> remedies. The failure of any third party who signed the administrative citation to appear at the <br /> administrative citation hearing shall constitute a withdrawal of such third party's complaint about <br /> the violation, and the administrative citation shall be dismissed. <br /> E. The administrative citation and any additional report submitted by the enforcement officer <br /> shall constitute prima facie evidence of the respective facts contained in those documents. <br /> F. The hearing officer may continue the hearing and request additional information from the <br /> enforcement officer or the recipient of the administrative citation prior to issuing a written <br /> decision. <br /> 5.08.070 Appeal. Any person aggrieved by any decision of the collector with respect to the <br /> issuance or refusal to issue such license may appeal to the city's administrative hearing officer <br /> by filing a notice of appeal with the city clerk within 15 days after receipt of written notice from <br /> the collector. The city clerk shall thereupon fix a time and place for hearing such appeal. The <br />