PLE-2022-07-supp-28 - Laserfiche WebLink

1.24.060 (Pleasanton Supp. No. 28, 7-22) 12 occurrence of the code violation that is the subject of the administrative citation. (Ord. 1687 § 2, 1996) 1.24.060 Hearing request. A. Any recipient of an administrative citation may contest that there was a violation of this code or that he or she is the responsible party by completing a request for hearing form and returning it to the city clerk within 30 days from the date of the administrative cita- tion, together with an advance deposit of the fine or no- tice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.24.070 of this chapter. B. A request for hearing form may be obtained from the department specified on the administrative cita- tion. C. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing. D. If the enforcement officer submits an addi- tional written report concerning the administrative cita- tion to the hearing officer for consideration at the hear- ing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing. (Ord. 1687 § 2, 1996) 1.24.070 Advance deposit hardship waiver. A. Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party and who, if financially unable to make the advance deposit of the fine as re- quired in subsection 1.24.060(A) of this chapter, may file a request for an advance deposit hardship waiver. B. The request shall be filed with the depart- ment of finance on an advance deposit hardship waiver application form, available from the department of fi- nance, within 10 days of the date of the administrative citation. C. The requirement of depositing the full amount of the fine as described in Section 1.24.060(A) of this chapter shall be stayed unless or until the finance director makes a determination not to issue the advance deposit hardship waiver. D. The finance director may waive the re- quirement of an advance deposit set forth in Section 1.24.060(A) of this chapter and issue the advance de- posit hardship waiver only if the cited party submits to the director a sworn affidavit, together with any support- ing documents or materials, demonstrating to the satis- faction of the director the person’s actual financial in- ability to deposit with the city the full amount of the fine in advance of the hearing. E. If the finance director determines not to is- sue an advance deposit hardship waiver, the person shall remit the deposit to the city within 10 days of the date of that decision or 30 days from the date of the administra- tive citation, whichever is later. F. The finance director shall issue a written determination listing the reasons for his or her determi- nation to issue or not issue the advance deposit hardship waiver. The written determination of the director shall be final. G. The written determination of the finance director shall be served on the person who applied for the advance deposit hardship waiver. (Ord. 1687 § 2, 1996) 1.24.075 Dismissal of citation. At any time before the hearing, if the enforcement officer determines that there was no violation as charged in the administrative citation or that the citation should be dismissed in the interest of justice, the enforcement officer shall dismiss the administrative citation, cancel the hearing, and refund any administrative citation fine paid pursuant to subsection A in accordance with Sec- tion 1.24.100 of this chapter. (Ord. 1687 § 2, 1996) 1.24.080 Hearing officer. The city manager shall designate the hearing offi- cer for the administrative citation hearing. (Ord. 1687 § 2, 1996) 1.24.090 Hearing procedure. A. No hearing to contest an administrative cita- tion before a hearing officer shall be held unless the fine has been deposited in advance in accordance with Sec- tion 1.24.060 of this chapter or an advance deposit hard- ship waiver has been issued in accordance with Section 1.24.070 of this chapter. B. A hearing before the hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this chapter. C. At the hearing, the party contesting the ad- ministrative citation shall be given the opportunity to testify and to present evidence concerning the adminis- trative citation. For those administrative citations signed by a third party who personally witnessed the violation, such third party must appear to testify and present evi- dence concerning the administrative citation. D. The failure of any recipient of an adminis- trative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies. The failure of