1.13.090 - Right to an administrative hearing; waiver of advance deposit of fine.

(a)

Appeal. Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing in the manner set forth on the citation within twenty-one calendar days from the date of service of the citation. If the request for a hearing is not timely received in the manner set forth on the citation, the citee shall have waived the right to a hearing and the citation shall be deemed final.

(1)

A request for a hearing shall contain the following:

(A)

The citation number.

(B)

The name, address, telephone and any facsimile numbers or electronic mail address, of each person contesting the citation.

(C)

A statement of the reason(s) why a citation is being contested.

(D)

The date and signature of the citee(s).

(2)

No filing fee shall be charged for the filing of a request for an administrative hearing.

(3)

A timely request for a hearing shall not excuse a citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the Code.

(b)

Advanced Deposit of Fine. Requests for a hearing shall be accompanied by an advance deposit of the entire amount of the fine (and any accompanying re-inspection fee) stated in the citation. Failure to deposit a fine (and accompanying re-inspection fee) within the required period, or the tender of a non-negotiable check, shall render a request for an administrative hearing incomplete and untimely, in which case the citee shall have waived the right to a hearing and the citation shall be deemed final. Fines that are deposited with the city shall not accrue interest. Fines deposited shall be returned to the person tendering the fines in the event a citation is overturned.

(1)

Hardship Waiver of Advance Deposit of Fine. A citee who is financially unable to deposit the administrative fine with his or her request for a hearing may complete a city-approved application form for an advance deposit hardship waiver (hereinafter, "hardship waiver"). This form and all required accompanying records shall be tendered, along with a request for a hearing, to the Office of the City Clerk—Commerce City Hall, 2535 Commerce Way, Commerce, California 90040, or as otherwise set forth on the citation—within ten calendar days from the issuance date of the citation.

(A)

To be considered for a hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the city to reasonably determine the citee's present inability to deposit the fine. Documents suitable for consideration, may include, without limitation, accurate, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve months preceding submittal of the waiver form, as well as other documentation demonstrating the citee's financial hardship. The city may, at its sole discretion, request additional documents in order to determine a citee's financial ability to tender an advance deposit of the fine. Failure to submit sufficient evidence of a citee's financial inability to tender an advance deposit of the fine shall result in a denial of the hardship waiver.

(B)

Failure to submit a completed, signed hardship waiver form, along with sufficient records that support a claim of financial hardship, shall render any request for an administrative hearing incomplete and untimely. In this event, the citee shall have waived the right to a hearing and the citation shall be deemed final.

(C)

The city shall issue a written decision regarding the application for a hardship waiver. If the hardship waiver is denied, the written decision shall specify the reasons for not issuing the hardship waiver. All decisions for hardship waivers shall inform the citee of the manner and time in which to retrieve the documents submitted by the citee to the city in support of the hardship waiver application. This decision is final and non-appealable. The decision shall be served upon the person requesting the hardship waiver by first class mail to the address listed on the hardship waiver application.

(i)

The city shall retain all documents submitted by a citee to support an application for a hardship waiver for ten calendar days after the date of the written decision on the application, and if the documents are not recovered by the citee within said time, the city may, at any time thereafter, in its sole discretion and after a citation is final or confirmed, destroy or discard the supporting documents without any further notice to the citee.

(ii)

Approval of a hardship waiver shall result in the city setting a hearing pursuant to Section 1.13.090 of this chapter.

(iii)

If the city determines that the citee is not entitled to a hardship waiver, he or she shall tender the full amount of the administrative fine as set forth in the written decision on the hardship waiver within ten calendar days of the date the decision is deposited with the U.S. Postal Service. In the event the city clerk does not receive the full amount of the fine in the required period (i) the request for a hearing is rendered incomplete and untimely, (ii) the citee shall have waived the right to a hearing and the citation shall be deemed final, and (iii) a late penalty charge shall be imposed upon the administrative fine.

(Ord. No. 698, § 4, 4-17-2019)