§ 10.04.075. Administrative Citations.

A.

Violations. The Department may enforce violations of the ordinances listed in subsection B as administrative citations in lieu of criminal prosecution subject to the following fines:

1.

First violation: Fine of up to $100;

2.

Second violation of the same section of Title 10 within the preceding 12 months: Fine of up to $250;

3.

Third violation of the same section of Title 10 within the preceding 12 months: Fine of up to $500;

4.

Each additional violation of the same section of Title 10 within the preceding 12 months: Fine of up to $500.

B.

Provisions Subject to Administrative Citations. A written Notice of Violation and Administrative Fine ("Notice") will be served on a person who has violated one of the following code sections:

1.

Section 10.20.030: License—Required—Fees and Other Charges;

2.

Section 10.20.185: Microchipping of Dogs and Cats Required;

3.

Section 10.20.220: Vaccination Requirements;

4.

Section 10.32.010: Dogs at Large;

5.

Section 10.38.010: Keeping of Roosters; or

6.

Section 10.40.060: Animal Noise.

C.

Notice of Violation. The Notice must contain the following information: the code section violated; a description of the code violation; the name of the employee who issued the citation; the amount of the fine; the procedure to pay the fine; the date by which the violation must be corrected; and the procedures for requesting administrative review to contest the imposition of the administrative fine. A violator seeking administrative review of the imposition of the administrative fine may submit a Request for Hardship Waiver form, signed under penalty of perjury, to the Department within 10 calendar days after the citation is issued.

D.

Service of Notice of Violation and Administrative Fine. The Department will serve the Notice on the violator by personal delivery or by first class mail, postage prepaid, at the last known address of the violator.

E.

Payment. The Notice is the final administrative order of the County, unless the violator requests administrative review to contest the imposition of the administrative fine. The fine is due and payable to the Department within 14 calendar days after the Notice is served on the violator, as set forth above, or within 14 calendar days after a waiver for hardship is denied, whichever is later. The payment may be made in person or by mail to the address specified on the citation.

F.

Correction of Code Violation. Payment of the administrative fine does not excuse the violator from correcting the code violation. A further notice of violation may be issued and other action may be taken as authorized in this Title, or other applicable law, if the violation is not corrected by the compliance date.

G.

Request for Administrative Review. A violator served with a Notice may contest the imposition of and/or amount of the fine by requesting that the matter be reviewed by declaration or at a hearing. The request must be made in writing on a Request for Administrative Review form ("Request") provided by the Department and must be received by the Department within 14 calendar days after the Notice has been served on the violator, as set forth above. The Request must also include the basis for contesting the fine and any evidence to be considered. A check payable to the Department of Animal Care and Control, in the amount of the administrative fine (deposit), must be included with the Request.

H.

Administrative Review Procedures.

1.

Review by Declaration.

a.

Documentary and other evidence, including a declaration under penalty of perjury, may be submitted with the Request.

b.

Upon receipt of the Request, the Department will notify the complaining party of the review requested by the violator. The complaining party may supplement the previously submitted complaint with additional evidence.

c.

The Department will assign an employee (other than the citing officer or anyone junior to the citing officer) to review the evidence. The reviewing employee will mail the decision to the complaining party and to the violator ("the parties") within ten days after the decision is made.

2.

Review by Hearing.

a.

Hearing Date and Continuance. A hearing will be conducted by a hearing officer (other than the citing officer or anyone junior to the citing officer) on the date, time, and place specified in the Notice of Hearing, which will be served by first class mail on the parties. The hearing officer has discretion to grant a continuance of the hearing date upon a request and a showing of good cause by either party. A request to continue the hearing must be made in writing to the Department and be received by the hearing officer at least two business days before the hearing date.

b.

Conduct of Hearing. The violator will have an opportunity to present relevant evidence at the hearing. Failure of the violator to appear at the administrative hearing constitutes an abandonment of the hearing request and a failure to exhaust administrative remedies to judicially challenge the imposition of the administrative fine. If the administrative hearing is abandoned, the Department will keep the funds deposited with the Request. The Notice and any documentary evidence prepared by the enforcement officer or other Department employees will be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in those documents. The enforcement officer may attend the hearing at the discretion of the Department. Once begun, the hearing officer may continue the hearing from time to time, in his or her sole discretion.

c.

Decision. After considering all the evidence and testimony submitted at the hearing and within ten calendar days after the close of the hearing, the hearing officer will issue a written decision to either confirm or cancel the administrative fine or to reduce the amount of the fine. The written decision will include a statement of the reasons for the decision, and will be served by first-class mail, postage prepaid, on the parties. The hearing officer's written decision is the final administrative decision of the County.

d.

Deposited Funds. If the hearing officer confirms the imposition of the full amount of the administrative fine, the Department will keep the deposited funds. If the hearing officer cancels or reduces the administrative fine, the Department will refund the appropriate amount required within 30 calendar days from the date the written decision is mailed.

I.

Judicial Review of Decision Confirming Administrative Fine. A person may seek judicial review of the written decision confirming the imposition or reduction of an administrative fine by filing an appeal with the superior court in accordance with the requirements set forth in section 53069.4 of the California Government Code; if judicial review of the written decision is not sought within the time period set forth in that statute, the hearing officer's decision is deemed final.

(Ord. 2018-0035 § 1, 2018; Ord. 2017-0043 § 1, 2017.)