(a)
If the property owner does not remove or give consent to the county to abate the graffiti
within five calendar days of receipt of a graffiti notice, the property owner shall
be guilty of an infraction punishable by a fine not exceeding one hundred dollars.
A separate offense shall be deemed to have been committed for each day that such violation
continues.
(b)
A violation of subsection (a) above shall also be subject to an administrative fine
in the amounts set forth in Government Code section 25132 and shall also be subject
to the administrative appeal procedures set forth below.
(c)
Any person upon whom an administrative fine is imposed pursuant to section 47-9 may appeal such fine pursuant to the procedures set forth in this section. The appellant
must file a written appeal with the director within ten working days of service of
the citation or any other date of mailing of a notice of determination of fine. The
written appeal shall contain:
(1)
A brief statement setting forth the interest the appealing party has in the matter
relating to the imposition of the fine;
(2)
A brief statement of the material facts which the appellant claims supports his or
her contention that no administrative fine should be imposed or that an administrative
fine of a different amount is warranted;
(d)
An appeal of an administrative fine imposed for violations of section 47-9 shall be heard by a person appointed by the county to act as the hearing examiner.
The administrative fine appeal hearing shall be set no sooner than twenty days and
no later than forty-five days following a request for an appeal hearing. Notice of
the appeal hearing shall be mailed at least twelve calendar days before the date set
for the hearing. Failure to appear timely will cause the administrative fine to become
a final order or decision.
(e)
In reviewing the fine, the hearing examiner shall consider all facts relating to the
issuance of the citation and the reasons therefore and shall uphold the fine imposed,
eliminate the fine, or modify it. The decision of the hearing examiner shall constitute
the final administrative order or decision of the local agency within the meaning
of Government Code section 53069.4(b)(1).
(f)
The hearing examiner shall serve a copy of his or her written decision on the appellant
by first class mail to the address provided by appellant in the written notice of
appeal. The hearing examiner's decision shall be deemed served within two days after
the date it was mailed to the address provided by the appellant.
