Overview of the administrative citation process

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First download the chart of the 'general' process of the proceedings.

https://administrativecitation.com/downloads/

Then read history so that you understand how these citations became law.

Cities are either pro-active or re-active or a mix of both. A re-active city is a city that waits for a call from a citizen who reports a situation. It then sends out a code officer. A pro-active city, the kind that use this a the city cash register, is a city that patrols the city and officer's issue expensive citations subjectively to land owners. This is the worst kind of city. These are cities you don't want to live in. The process depends on the city's law it has authored.

First understand that the government must have a warrant to enter your property. ALWAYS post a no trespassing sign at the edge of your property. The sign is NOTICE that you don't want people entering without permission. The code officer may not enter your property without permission. They may be able to walk up your driveway if you permit the public to do this. Usually they must inspect from the sidewalk or public street.

Beware, it is you against them. Many code officers will pretext you and use any possible excuse to get into your property. They will sweet talk you and just ask to take a few photos. Just say NO. This is war.

Generally, these are the main steps that you will encounter:

1. A code enforcement or code compliance officer will visit and inspect your property (never let this person on to your property or into your home or on to your land if you can prevent it). A code officer can make up a violation and violate you for practically anything.

2. You will be given notice, or you will not be given notice. Some citations are "instant" and require no notice and some permit time for correction. This is an important issue. This begins a flowchart of directions.

3. Either you will agree to correct the issue, or you will decide that it is not a violation and not correct the issue.

4. Fines in cities are governed by GC. 36900. Most cities charge $100 for the first violation, $200 for the second notice, and $500 for the third notice. A total of $800 for a single issue in total. Most code officer cite a citizen for 3-5 issues making the first violation $500, the second violation $1000 and the third violation $2500. By the time you have received three violations your citations amount to $4000.

5. Your first defense will be labeled an appeal. This is because you are guilty when the citation is issued by the officer (doesn't sound like USA) and you must pay the fine in full just to dispute it (cities were given ability to write their law and its in their favor).

ADMINISTRATIVE HEARING APPEAL

6. Your first appeal. Here is where is gets interesting. This is critical. Because the law GC. 53069.4 was authored so poorly, and because cities are abusing the law, creating violations that were never intended by the legislature the law GC. 53069.4 is unclear. Because it is unclear some courts have looked at it one way, and some courts have looked it it differently. Some courts interpret the law to eliminate you as soon as possible which takes cases off their docket and makes their life easier. In these courts the city is "always" right, and the trial is just for show... you lose.

There are 58 court systems in California, one for each county. They all do things differently. What one court may do in Sacramento, may not be the same in San Diego. This is where the problems have begun to arise. These fines generally are low. Because they are low few cases are represented by lawyers who take the cases to the appellate court where the law is finalized at each level.

Some courts believe all the evidence you provide at the first "appeal" is all the evidence you get. Period. So you go before a hearing officer, and then you file the "real" appeal to the superior court. Here is where it can get frustrating. To protect your position you must put together a complete defense for the first "appeal" before a hearing officer. A defensive brief could be 10 pages or it could be 300 pages. The critical thing to remember about this process is that you must mention each of your defenses here in this hearing for good measure - this is because a judge may or may not allow you add more defenses when you get to superior court. This is because the law is not settled and each county and each judge may do things differently. Documents we provide may urge the judge to permit more defenses, more witnesses, more evidence, and discovery. Some courts and some judges think what you provided in the hearing appeal is all that you are permitted to argue in superior court. So, do a little research for your county and try to determine how they handle administrative appeals. The cost of the "reclassification" to superior court is just $25. So its in your best interest to give you argument as shot. So you must prepare a thorough brief. List all your defenses, take photos, make diagrams, take measurements, bring witnesses, get declarations from witnesses. All these will be used in your defense. Make three copies. One for you, one for city, one for hearing officer. Make sure they accept the copies for the "city file" that will be lodged with the court upon appeal to superior court.

SUPERIOR COURT APPEAL

... to be continued.