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ORD 2239
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ORD 2239
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6/30/2023 4:22:55 PM
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8/4/2022 2:16:03 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
7/19/2022
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Ordinance
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Ordinance
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Ordinance No. 2239 <br />Page 3 of 7 <br />EXHIBIT A <br /> <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 /> <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 /> <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 /> <br />2.08.020 Residence requirement. Residence in the city at the time of appointment of a city <br />manager shall not be required as a condition of the appointment, but within 180 days thereafter, <br />unless extended by resolution of the city council for a specific period of time, the city manager
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