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Ordinance 2769CITY OF ALAMEDA ORDINANCE NO. 2769 New Series AMNDING THE ALAMDA MUICIPAL CODE BY ADDING SECTION 1-7 (ADMISTRATIVE CITATIONS) TO CHAPTER I (GENERA) BE IT ORDAIED BY THE City Council of the City of Alameda that: Section 1 The Alameda Muncipal Code is hereby amended by adding a new section 1-7 (Adminstrative Citations) to Chapter I (General) thereofto read: Administrative Citations Applicabilty. a. This section establishes the procedures for imposition of Administrative Citations which are in addition to all other legal remedies , crimial or civil, which may be pursued by "the City to address any violation of ths Code , subject to the limitations of paragraph (b) of this subsection. b. . The Adminstrative Citations process set fort in ths section applies to all continuig violations of ths Code except subsections 13-, 13-, 13-, 13-, 13-, 13-, 13-, 15- and Chapter VIII of the Alameda Muncipal Code. Enforcement Offcial - Defined. Enforcement Offcial shall mea any offcer, employee or other personnel authori or charged with the enforcement of the provisions of the Alameda Muncipal Code which are subject to the Adminstative Citations authorized by ths section. Administrative Citation. a. Issuace of Admnistrative Citation. Whenever an Enforcement Offcial determines that a violation of ths Code has occured , the Enforcement Offcial shall have the authority to issue an Adminstrative Citation to any person responsible for the violation. b. Admstrative Citation; Contents. Each Admstrative Citation shall conta the following information: The date of the violation; The address or a definite description of the location where the violation occured; The section of this Code violated and a description of the violation; The amount of the fine for the violation; 5. A description of the fme payment process , including a description of the time within which and the place where the fine shall be paid; 6. An order prohibiting the continuation or repeated occurence of the violation described in the Administrative Citation; 7. A description of the Admstrative Citation review process , including the time withn which the Administrtive Citation may be contested and the place from which a request for hearng form to contest the Administrative Citation may be obtained; and 8. The name and signatue of the citing Enforcement Offcial , and the date of issuance of the Citation. 7.4 Amount of Fines. a. Amount. The amount of the fines for violations imposed pursuat to this section shall be set fort in the schedule of fmes established from time to time by resolution of the City Council. b. Repet Violations. The schedule offmes shal specify any increaed fies for repeat violations of the same Code provision by the same person withn twelve (12) months from the date of an initial Admstrative Citation. c. Late Charges. The schedule of fies shalL specify the amount of any late payment charges imposed for the payment of the fine afer its due date. Payment of the Fine. a. Due Date. The fie shall be paid to the City with thrt (30) days from the date of the Adminstrative Citation. b. Any Administrative Citation fine paid pursuant to subsection 1-6(a) shall be refunded in accordance with subsection 1-7.1 O( c) if it is determined , after a hearing, that the person charged in the Admstrative Citation was not responsible for the violation or that there was no violation as charged in the Administrative Citation. c. Payment; Not Excuse for Futue Violations. Payment of a fine under this section shall not excuse or discharge any continuation or repeated occurence of the Code violation that is the subject of the Administrative Citation. d. Late Charges. Any person who fails to pay to the City any fine imposed pursuat to the provisions of ths section on or before the date that fie is due shall also be liable for the payment of any applicable late payment charges set fort in the schedule of fines. Hearing Request. a. Request for Hearg; Advance Deposit. Any recipient ofan Administrative Citation may contest the determation that there was a violation of the Code or that he or she is the par responsible for any violation by completing a Request for Hearng form from the deparment specified in the Citation and retug it to that deparent with thrt (30) days from the date of issuace of the Admstrtive Citation , together with an advancedepositofthe fie or a notice tha a request for an advance deposit hardship Waiver has been filed pursuat to subsection .1- b. Notification of Hearg. The person requesting the hearng shall be notified of the time , date and place of the hearg in wrting atleastten(lO) days prior to the date of the - hearg. c. Copies of any Additional Report Filed by Enforcement Offcial. Any additional report which may be filed by the Enforcement Offcial for consideration at the hearg shall be served upon the person requesting the hearng at least five (5) days prior to the date of the hearg. Advance Deposit Hardship.Waiver. a. Application. Any person who intends to request a hearg to contest that there was a violation of the Code or that he or she is the par responsible for any violation , and who is fiancially unable to -make the advance deposit of the fie as requied by subsection 1-7 .6( a), may request a waiver, which shall be filed with the Finance Deparent with ten (10) days of the date of the Adminstrative Citation. b. Requirements of Application. The Finance Director may waive the requirement of an advance deposit set fort in subsection 1-6 and issue the advance deposit hardship waiver only if the cited par submits to the Finance Director a sworn afdavit, together with any supporting documents or materials , demonstrating to the satisfaction of the Director the person s actu financial inabilty to deposit with the City the ful amount of the fine in advance of the hearng. c. Stay of Deposit; Determation of Waiver. The requirement of depositing the full amount of the fme as described in subsection l-6(a) shall be stayed uness or until the Finance Director makes a determination not to issue the advance deposit hardship waiver. The Finance Director may waive the requirement of an advance deposit set fort in subsection 1-6(a) and issue an advance deposit hardship waiver only if the cited par submits a swomaffidavit or declaration under penalty of perjur, together with supportng documents or materials demonstrating to the satisfaction of the Finance Director the person s actual financial inabilty to deposit with the City the full amount of the fine in advance of the hearng. If the Director determines not to issue the advance deposit hardship waiver , the person shall remit the deposit to the City within ten (10) days of the date of that decision or thirt (30) days from the. date of the Adminstrative Citation, whichever is later. The decision of the Finance Director shall be in wrting and state the reaons for his or her determation to issue or not issue .the advance deposit hardship waiver. The determnation of the Finance Director is final an shall be mailed to the person applying for the Hardship Waiverbyi first class , certified mail , retu- receipt requested, postage prepaid. Hearing .Offcer; Appointment. The City Manager shal designate the Hearng Offcer for the Admstrative Citation Hearng. Hearing Procedure. a. No hearng to contest an Admstrative Citation before a Hearg Offcer shall be held uness the fme has been deposited in advance in accordance with subsection 1-6(a) or an advance deposit hardship waiver has been issued in accordance with subsection 1- b. The hearng shall be set for a date that is not less than fifteen (15) days nor more than sixt (60) .days from .thedate that the request for heag is filed in accordance with the provisions of ths section. c. At the hearg, the par contestg the Admstrtive Citation shall be given the opportty to present oral and documenta evidence concernng the Administrative Citation. d. The Admstrative Citation and any additional report submitted by the Enforcement Offcial shall constitute prima facie evidence of the respective facts contained . in those documents. e. The Hearng Officer may continue the hearng and request additional information from the Enforcement Official or the recipient of the Administrative Citation prior to issuing a wrtten decision. Hearing Officer s Decision. a. After considering all of the evidence submitted at the hearing, the Hearing Offcer shall issue a wrtten decision to uphold or reverse the Administrative Citation and shall state the reasons for that decision. The decision of the Hearng Offcer is final. b. If the Hearg Offcer determes that the Administrative Citation should be upheld , then the fine amount on deposit with the City shall be retained by the City. If the fine has not been deposited pursuat to an advance deposit hardship waiver , the Hearing Offcer shall set forth in the decision a payment schedule for the fine. c. If the Hearg Offcer reverses the Admstrative Citation, the fme deposited with the City shall be promptly refuded, together with interest at the average rate eared on the fuds of the City for the period of time that the fine amount was held by the City. d. The recipient of the Admstrative Citation shall be served with a copy of the Hearg Offcer s wrtten decision. Late Payment Charges. Any person who fails to pay the City any fie imposed pursuant to the provisions of this section on or before the date that fine is due shall also be liable for the payment of any applicable late charges set fort in the schedule of fines. Recovery of Administrative Costs. The City may collect. any past due Admstrative Citation fine or late payment chage by use of all available legal mea. The City may also recover its collection costs , including, but not limited to , reasonable attorney s fees and cour costs. Right to Judicial Review. Any recipient of an "Admstrative Citation who has appealed the Administrative Citation to the Hearng Offcer may obtain review of the Hearg Offcer s decision by filing a petition for review with the Muncipal Caurin Ala.rneda County in accordance with the time lines and provisions set fort in Californa Governent Code section 53069.4. Notices. a. The Adminstrative Citations and all notices required to be given under this section may be served personally or by depositing in the United States Mail , first class , certified return-receipt requested , postage prepaid, addressed to the person responsible , as such address is determined by the Enforcement Offcial. b. Administrative Citations for violation of Alameda Municipal Code section 25 may be served by attching such citation to an offending motor vehicle. c. The failure of any recipient of an Administrative Citation to appear at the administrative hearg shall result in a forfeitue of the .fme and a failure to exhaust his or her administrative remedies. Remedy Cumulative; Not Exclusive. The remedy provided for herein is cumulative , not exclusive , and may be used in addition to any other remedy provided by law. Section 2.If any section" subsection, sentence, clause , or phre of ths ordiance , for any reason, held to be invalid or unconstitutional ,. such decision shall not affect the validity or constitutionality of the remainig portions of ths ordinance. The City Council of the City of Alameda hereby declares that it would have passed ths. ordinance , and each section, subsection claUse or phrase hereof, irespective of the fact that anyone or more sections , subsections , sentences clauses and phrases are declared to be invalid or unconstitutional. Section 3 . Ths ordinance shall be in full force and effect from and after the expiration of thrt (30) days from the date of its final passage. Attest: NP J/1:1/ City Clerk , the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopt?d and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of July , 1998 , by the following vote to wit: AYES:Councilmembers Daysog, De Witt , Lucas and President Appezzato - 4. NOES:None. ABSENT:Councilmember Kerr - 1. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City this 22nd day of July , 1998. Diane Felsch , City Clerk City of Alameda