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

1.24.100 13/15 (Pleasanton Supp. No. 28, 7-22) any third party who signed the administrative citation to appear at the administrative citation hearing shall consti- tute a withdrawal of such third party’s complaint about the violation, and the administrative citation shall be dismissed. E. The administrative citation and any addi- tional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. F. The hearing officer may continue the hear- ing and request additional information from the en- forcement officer or the recipient of the administrative citation prior to issuing a written decision. (Ord. 2239 § 2, 2022; Ord. 1687 § 2, 1996) 1.24.100 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 to uphold or cancel the administrative citation 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 administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city. C. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hard- ship waiver, the hearing officer shall set forth in the de- cision a payment schedule for the fine. D. If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the city’s portfolio for the period of time that the fine amount was held by the city. E. The recipient of the administrative citation shall be served with a copy of the hearing officer’s writ- ten decision. F. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. (Ord. 1687 § 2, 1996) 1.24.110 Late payment charges. Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the master fee schedule (on file in the office of the city clerk). (Ord. 1687 § 2, 1996) 1.24.120 Recovery of administrative citation fines and costs. The city may collect any past due administrative citation fine or late payment charge by use of all avail- able legal means. (Ord. 1687 § 2, 1996) 1.24.125 Right to judicial review. Any person aggrieved by an administrative deci- sion of a hearing officer on an administrative citation may obtain review of the administrative decision by filing an action with the Superior Court in Alameda County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. (Ord. 2179 § 2, 2018; Ord. 1687 § 2, 1996) 1.24.130 Notices. A. The administrative citation and all notices required to be given by this chapter shall be served ei- ther by personal delivery thereof to the person to be no- tified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at the person’s last known business or resi- dence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings con- ducted hereunder. (Ord. 1687 § 2, 1996)