2008-02 Administrative Citation Procedures
ORDINANCE 2008-02
AN ORDINANCE OF THE SAN DIEGUlTO WATER DISTRICT, ADOPTING
ARTICLE 30, ADMINISTRATIVE CITATION PROCEDURES
SECTION ONE:
That Article 3D, Section 30 is added to read as follows:
SEE A IT ACHMENT "A"
SECTION TWO:
This Ordinance was introduced on October 22, 2008.
PASSED AND ADOPTED this 22nd day of Octo her, 2008, hy the foUowing vote to
wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Barth, Bond, Dalager, Houlihan, Stocks.
None.
None.
None.
,
Maggi uUhan, President
San Dieguito Water District
~tu-
-
P.E. Cotton, Board Secretary
- 45 -
ATTEST AND CERTIFICATION
I hereby certify that this is a true and correct copy of Ordinance 2008-02 which bas
been published punuant to law.
&L---..k OPA~~
eborah Cen'one, City Clerk --
Article 30. Administrative Citation Procedures
30.1. Authority and Purpose
30.2. Administrative Fines for Violation of Water Conservation Regulations
30.3. Dermitions
30.4. Issuance of Administrative Citations / Notice of Violation
30.5. Service of Administrative Citation
30.6. Contents of Administrative Citation
30.7. Hearing on Administrative Citation
30.8. Appeal Procedures
30.9. Enforcement of Administrative Fine
30.10. Severability
See 30.1.
Authority and Purpose
This chapter is adopted pursuant to California Water Code Section 375 for the purpose of
implementing and enforcing Ordinance No. 2008-01 of the San Dieguito Water District.
See 30.2.
Administrative Fines for Violation of Water Conservation Ret!Ulations
Whenever a regulation of Ordinance No. 2008-01 prohibits an act or omission of a person
regarding water conservation, the violation of such regulation is subject to administrative citation
and payment of an administrative fine in an amount as prescribed therein.
See 30.3.
Definitions
The following words and phrases whenever used in this article shall have the meaning
defined in this section:
"Administrative fine" means a civil penalty imposed by this article and assessed for
violation of a provision of this Code pursuant to an administrative citation.
"Administrative citation" means a notice of a violation issued by an authorized employee
or agent of the District pursuant to the provisions of this article.
"Appellant" means any person or entity who is the registered owner, property owner,
legal owner, driver, operator, tenant, lessee, or is otherwise liable for penalties in accordance
with the applicable section of this Code, and who contests or disputes liability for an
administrative fine.
"'Citable violation" means any violation of any provision of this Code that prohibits an act
or omission of a person with respect to District facilities, property, or rights-of-way that is
subject to administrative citation and payment of an administrative fine according to the
provisions of this article.
"District" means the San Dieguito Water District.
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"Enforcement officer" means any District employee so designated by the District General
Manager or any peace officer having jurisdiction within the territory of the District.
"Hearing officer" means any person appointed by the District General Manager to preside
over the administrative hearings provided for in this section.
"Person" means any natural person, finn, association, business, trust, organization,
corporation, partnership, company, or any other entity, which is recognized by law as the subject
of rights or duties.
"Party" means any natural person, finn, association, business, trust, organization,
corporation, partnership, company, or any other entity that is legally recognized as the subject of
rights or duties.
"Responsible party" means the person committing a violation. Responsible party also
means an owner or manager of a business or property who directs or permits a violation of this
Code to be done by any other person in the course or apparent course of business of the owner or
manager or ort the property of the owner.
Sec 30.4.
Issuance of Administrative Citations / Notice ofViolatioD
(a) Upon discovering or observing any citable violation for which an administrative
fine has been prescribed pursuant to Ordinance No. 2008-01, the enforcement officer may issue
an administrative citation to the violator or property owner in the manner prescribed in Section
30.5. The administrative citation shall be issued on a form prescribed by the District General
Counsel. Once the party responsible for the violation is identified, the enforcement officer may
issue an administrative citation to that person or entity.
(b) Any party responsible for a continuing citable violation shall be provided a Notice
of Violation/Order to Correct prior to the issuance of an administrative citation. The Notice of
Violation/Order to Correct shall specify the action required to correct or otherwise remedy the
violation(s). Not less than 72 hours shall be allowed from the date of the Notice of
Violation/Order to Correct for the party to correct or otherwise remedy the violation. The
enforcement officer shall assign a specific reasonable period within which to correct or otherwise
remedy each violation. A Notice of Violation/Order to Correct is not required before issuance of
a second or any subsequent administrative citation for a continuing or repeated violation. Failure
to comply with any portion of a Notice of Violation/Order to Correct may result in the issuance
of an administrative citation.
Sec 30.5.
Service of Administrative Citation
Service of an administrative citation may be accomplished as follows:
1. By personal service on the responsible party. The enforcement officer may obtain
the signature of the responsible party to establish personal service of the citation.
If the responsible party refuses or otherwise fails to sign the administrative
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See 30.6.
See 30.7.
citation, the lack of signature shall not affect the validity of the citation or the
proceedings.
2.
By substituted service by certified or first class mail as follows: The
administrative citation shall be mailed to the responsible party or property
owner(s) by first class mail, postage prepaid. The citation shall be accompanied
by declaration of service that complies with California Code of Civil Procedure
Section 1013a. The failure of any responsible party to receive a properly
addressed citation shall not affect the validity of the notice. Service of the
administrative citation by mail shall be effective on the date of mailing.
Contents of Administrative Citation
The administrative citation shall include all the following:
1.
2.
A brief description of the violation;
The date and location oftbe violation(s) and the approximate time the violation(s)
was observed;
The code section(s) violated;
A brief description of corrective action required, if appropriate;
A statement explaining that each day the violation continues constitutes a new
violation, if applicable;
The amolUlt of civil penalty imposed for the violation(s);
A statement advising that the fine is delinquent 30 days from the date the
administrative citation was issued, the procedure for payment, and the
consequences of failure to pay; and
A brief statement describing the responsible party's right of appeal.
3.
4.
5.
6.
7.
8.
He.rine: on Administrative Citation .
(a) Persons receiving an administrative citation may request a hearing within 10
calendar days from the date the citation is served. The hearing request must be in miting and
must indicate a return address. It must be accompanied by the penaity amount, specifying the
basis for the hearing in detail, and must be filed with the District as indicated in the
administrative citation. If the deadline falls any day that the District's offices are closed for a
holiday, then the deadline shall be extended until the next regular business day.
(b) As soon as practicable after receiving the written request for a hearing, the
District shall fix a date, time and place for hearing before a hearing officer. Written notice of the
time and place for the hearing may be served by first class mail, at the return address indicated
on the written appeal. Service of the hearing date notice must be made at least 10 days prior to
the date of the hearing to the appellant.
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(c) The failure of any person with an interest in the property, or other responsible
party, to receive such properly addressed notice of the hearing shall not affect the validity of any
proceedings under this article. Service by first class mail, postage prepaid shall be effective on
the date of mailing.
(d) Failure of any person to file a request for a hearing in accordance with the
provisions of this section shall constitute a waiver of that person's rights to administrative
hearing determination of the merits of the citation and the amount of the penalty. If no request
for a hearing is filed, the citation shall be deemed a final administrative order.
(e) The District General Manager shall appoint a fair and objective hearing officer
pursuant to applicable law who shall be vested with discretionary authority to make independent
decisions on appeals. The responsible party may request the General Manager disqualify a
hearing officer for reasons of actual bias, prejudice or financial conflict of interest.
(I) The hearing officer shall conduct an orderly fair hearing and accept evidence on
which persons would commonly rely in the conduct of their ordinary business affairs, however,
the formal rules of evidence and procedure applicable to judicial proceedings shall not apply.
Cross-examination of witnesses is not required, but may be permitted as deemed appropriate by
the hearing officer. Notwithstanding any provision of this section to the contrary:
1. A valid citation shall be prima facie evidence of the violation;
2. The hearing officer shall accept testimony by declaration under penalty of perjury
relating to the violation and the appropriate means of correcting the violation;
3. The owner, agent, person responsible for the violation, or any other interested
person may present testimony or evidence concerning the violation and the means
and time frame for correction;
4. At the request of the appellant, the hearing officer shall permit the hearing to be
conducted by submission of written declaration and authenticated documents
alone.
(g) The District General Manager, subject to approval by the District General
Counsel, may establish appropriate administrative regulations for implementing this article,
conducting hearings and rendering decisions pursuant to this section.
(h) The hearing officer may reduce, waive or conditionally reduce the penalties stated
in a citation or any late fees assessed if mitigating circumstances are shown and the hearing
officer states specific grounds for reduction or waiver in the written decision. The hearing
officer may impose conditions and deadlines for correction of violations or payment of
outstanding penalties.
(i) The hearing officer shall make findings based on the record of the hearing and
make a written decision based on the findings. The processing agency shall preserve all exhibits
subntitted by the parties and shall serve the decision by first class mail on the responsible party
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within 10 working days after the hearing. The decision of the hearing officer dismissing the
citation is final and conclusive. The decision of the hearing officer affirming the citation is final
and conclusive. subject only to review by the Court.
Sec 30.8.
Appeal Procedures
(a) After receipt of the hearing officer's decision, the person receiving the citation
may file an appeal with the Court for de novo review. The request for review shall he suhmitted
within 20 days of the date of mailing of the hearing officer's decision. The request for review
shall he submitted on a form prescribed by the Court to the District, along with the applicable
filing fee. The request for judicial review shall state the reasons the appellant objects to the
hearing officer's findings or decision.
(b) The Court shall conduct a de novo hearing except that the contents of the
processing agency file shall be received into evidence.
(c) A copy of the administrative citation and imposition of penalty shall he entered as
prima facie evidence of the facts stated therein.
(d) The Court filing fee shall he such amount as determined by the Court. If the
Court flOds in favor of the appellant, the amount of the fee shall he reimbursed to the appellant
by the District. Any deposit of penalty shall he refunded by the District in accordance with the
judgment of the Court.
(e) If the penalty has not been deposited, and the decision of the Court is against the
appellant, the District may proceed to collect the civil penalty in the manner provided by law.
Sec 30.9.
Enforcement of Administrative Fine
(a) Payment of an administrative fine shall not excuse the failure to correct the
violation nor shall it bar further enforcement action by the District.
(b) All administrative fines shall he payable to the District.
( c) If a person fails to pay an administrative fine assessed by administrative citation
within the time specified pursuant to this article, without the filing of a request for hearing or
appeal as provided in this article, the person shall pay an additional administrative penalty in the
amount of 100 percent of the total amount of the administrative fine.
(d) The failure afany person to pay an administrative fine, or an administrative
penalty, assessed by administrative citation within the time specified on the citation constitutes a
debt to the District. To enforce that debt, the District may file a civil action or pursue any other
legal remedy to collect such money.
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(e) The failure to pay an administrative fine after adjudication by a court on appeal
shall be enforceable by any method available for enforcement of civil judgments.
See 30.10.
Severability
If any section, subsection, sentence, clause, phrase or portion of this article is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct, independent and severable provision and such holding shall not
affect the validity of the remaining portions hereof.
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