Skip to main content
Loading…
This section is included in your selections.

A. Any person receiving an Administrative Citation which carries a monetary penalty shall within thirty (30) calendar days from the date of issue either pay the fine or file an appeal with the General Manager, or his/her/their designee. Fines may be paid at the District office. Warning Citations may not be appealed.

B. A Notice of Appeal shall be in writing and shall identify the Citation being appealed, specify basis for the appeal in sufficient detail so that a Hearing Officer can understand the grounds for the appeal, an address where further notices may be delivered to the Responsible Party by first-class mail and shall be accompanied by an advance deposit of the total penalty amount or an advance deposit hardship waiver application form as described in section 1.09.080H. The Notice of Appeal must be received by the General Manager, or his/her/their designee, at the District office prior to the expiration of thirty (30) calendar days from the date of the issuance of the Citation.

C. If the deadline to file an appeal or pay a fine falls on a Saturday, Sunday, or District Holiday, the deadline for filing an appeal or paying a fine shall be extended until the next regular business day.

D. If a Hearing Officer has not been previously appointed by resolution of the Board of Directors as soon as practicable after receiving a written notice of appeal, the Board Secretary shall place on the agenda of the Board of Directors the appointment of a Hearing Officer. The appointed Hearing Officer shall forthwith fix a date, time, and place for the hearing. Written notice of the time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing the Citation by any one or more of the following means:

1. Personal service; or

2. First-class mail at the address specified in the Notice of Appeal, or if no address is specified, at such other address known to the General Manager, or his/her/their designee, by reliable information.

E. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this Chapter. Service by normal first-class delivery mail in the manner described above in subsection C shall be effective on the date of mailing.

F. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person’s rights to an Administrative Hearing and determination on the merits of the Citation and the amount of the fine.

G. Failure by the Responsible Party to attend the Administrative Hearing shall constitute a waiver of his/her/their rights to an Administrative Hearing.

H. Any person who intends to appeal an Administrative Citation and is financially unable to make the advance deposit of the penalty as required in section 1.09.080B may request an advance deposit hardship waiver by doing the following:

1. Completing an advance deposit hardship waiver application form available from the General Manager, or his/her/their designee, at the District office which shall be signed by the Applicant under penalty of perjury;

2. The request shall be filed, along with the notice of appeal, with the General Manager, or his/her/their designee, within thirty (30) days of the date of the Administrative Citation;

3. The General Manager, or his/her/their designee, may waive all or part of the requirements of an advance deposit and issue the advance deposit hardship waiver only if the sworn application together with any supporting documents or materials, demonstrating to the satisfaction of the General Manager, or his/her/their designee, the person’s actual financial inability to deposit with the District the full amount of the penalty in advance of the hearing. The General Manager, or his/her/their designee, in determining the Responsible Party’s financial ability or inability to deposit the full amount of the penalty in advance, may consider the amount of the penalty imposed, the income of the Applicant, the expenses of the Applicant and any other factors that are reasonably related to the Applicant’s ability to deposit the full amount of the penalty;

4. If the General Manager, or his/her/their designee, makes a determination to deny all or part of the advance deposit hardship waiver, then a written determination listing the reasons for the denial shall be served by first-class mail to the address on the application. The written determination of the General Manager, or his/her/their designee, shall be final.

5. If all or part of the advance deposit hardship waiver is denied by the General Manager, or his/her/their designee, the Applicant shall have ten (10) days from the date the written determination is mailed to make the advance deposit to the General Manager, or his/her/their designee. Failure to make the advance deposit in the amount determined by the General Manager, or his/her/their designee, within ten (10) days from the date the General Manager’s, or his/her/their designee, written determination was mailed will result in the notice of appeal being considered untimely filed. If the deadline to make the advance deposit falls on a Saturday, Sunday, or District Holiday, the deadline for making the advance deposit shall be extended until the next regular business day. [Ord. 2022-2 § 4, 2022; Ord. 2014-1 § 5, 2014.]