excerpted from the Truckee Municipal Code
1.03.040 Administrative Citation Contents
To the extent practicable, each Administrative Citation shall contain the following information: (ORD 2004-01 1-6-04)
(a) The date and time of the violation.
(b) Name, address and phone number of the Responsible Person.
(c) The address or a definite description of the location where the violation occurred.
(d) The Section of the Code violated and a description of the violation.
(e) The amount of the fine for the code violation.
(f) A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid.
(g) An order prohibiting the continuation or repeated occurrence of the Code violation described in the Administrative Citation.
(h) A description of the Administrative Citation review process, including the time within which the Administrative Citation may be contested and the place from which a Request for Hearing Form to contest the Administrative Citation may be obtained.
(i) The name and signature of the citing Enforcement Officer.
1.03.050 Amount of Fines
(a) The amount of the fines for Code violations imposed pursuant to this Chapter shall be set forth in the Schedule of Fees established by resolution of the Town Council.
(b) The Schedule of Fees shall specify any increased fines for repeat violations of the same Code provision by the same person within twelve months from the date of the Administrative Citation.
(c) The Schedule of Fees shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.
1.03.060 Payment of the Fine
(a) The fine shall be paid to the Town within twenty-one (21) days from the date of the Administrative Citation.
(b) Payment of a fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the Administrative Citation.
(c) Code Enforcement citations may be dismissed by the Hearing Officer if the violation cited is corrected prior to the time payment of the fine is due (within twenty-one (21) days). This section shall not apply to any other Code Enforcement fees due or to Animal Control related violations
1.03.070 Hearing Request
(a) Any recipient of an Administrative Citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a Request For Hearing Form and returning it to the Town within twenty-one (21) days from the date of the Administrative Citation.
(b) A Request For Hearing Form may be obtained from the department specified on the Administrative Citation.
(c) The person requesting the hearing shall indicate if they choose to appear in person for the hearing or have the written appeal be submitted for review by the Hearing Officer.
(d) If the Enforcement Officer submits an additional written report concerning the Administrative Citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served, mailed, or provided to the person requesting the hearing at least five (5) days prior to the date of the hearing.
(ORD 2004-01 1-6-04)
1.03.080 Hearing Officer
The Town Manager shall designate the Hearing Officer for the Administrative Citation Hearing.
1.03.090 Hearing Procedure
(a) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the Request For Hearing is filed in accordance with the provisions of this Chapter.
(b) At the hearing, the party contesting the Administrative Citation shall be given the opportunity to testify and to present evidence concerning the Administrative Citation.
(c) The failure of any recipient of an Administrative Citation to appear at the Administrative Citation Hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
(d) The Administrative Citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents. No other proof concerning the violation shall be required to sustain a finding of conviction, provided, however, that the Hearing Officer may consider such other relevant evidence at the hearing in his or her discretion.
(e) The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the Administrative Citation prior to issuing a written decision.
1.03.100 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 reason for that decision.
(b) If the Hearing Officer determines that the Administrative Citation should be upheld the Hearing Officer shall set forth in the decision a payment schedule for the fine.
(c) The recipient of the Administrative Citation shall be served with a copy of the Hearing Officer’s written decision. The Hearing Officers decision shall also include appeal rights pursuant to California Government Code Section 53069.4 (b) (1).
(d) 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.
