(a)
Except for a violation of section 6-70.01, every person violating any provision of this article shall be guilty of a misdemeanor,
punishable by a fine not exceeding five hundred dollars or by imprisonment in the
county jail for not exceeding six months, or by both such fine and imprisonment. A
separate offense shall be deemed to have been committed for each day that such violation
continues.
(b)
A violation of section 6-70.01 shall be an infraction, punishable by a fine not exceeding five hundred dollars.
(c)
Any person upon whom an administrative fine is imposed pursuant to section 6-70.01 and subsection (b) of this section may appeal such fine pursuant to the procedures
set forth in this section. The appellant must file a written appeal with the sheriff's
department 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 6-70.01 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.
