Administrative Appeal Process
Whenever a code compliance officer or other authorized enforcement agent determines that an infraction or misdemeanor violation of the municipal code has occurred or that a violation exists which is deemed to constitute a public nuisance pursuant to the municipal code and/or applicable statute, rule, code, project condition agreement or other city regulation, the officer or agent may issue an administrative citation to any party responsible for the violation, as per the City of Lakeport Municipal Code Section 8.30.
Any recipient of an administrative citation may contest that there was a violation or that he or she is the party responsible for committing the violation by filing a complete and proper appeal of the administrative citation with the citing officer pursuant to this chapter.
A complete and proper appeal of an administrative citation as described in this chapter shall be filed with the citing officer within ten calendar days from the date that service of the administrative citation was completed pursuant to Section 8.30.070. Any appeal not timely filed shall be rejected.
A filing fee as established by city council resolution or any amendments thereto for an appeal of an administrative citation must be paid to the city at or prior to the time of the filing of such appeal. Any appeal of the administrative citation filed without payment of the filing fee shall be deemed incomplete.
Not later than ten calendar days from the date the appeal is filed the citing officer or his or her designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the citing officer or his or her designee shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of each reason why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within ten calendar days from the date the appeal is filed, the time period within which to file a completed appeal of an administrative citation shall be extended by an additional five calendar days.
Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the administrative citation or any portion thereof. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the administrative citation is deemed completed pursuant to Section 8.30.070.