Entire process A-Z in a nutshell

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GENERAL STEPS OF ADMINISTRATIVE CITATION

TO BE CLEAR - you have little hope of any remedy at the administrative hearing. While you must appear at it and prepare for it*, the hearing officers (who work for or are paid by the city) rule for the city most of the time.

*You don't have to attend an administrative hearing IF you file a federal 1983 lawsuit.

Most of the information in the educational board is directed at your DE NOVO state case, labeled an appeal.

Download progress chart
https://administrativecitation.com/down ... ess-chart/

Download short defense list
https://administrativecitation.com/down ... hortlist/

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ALERT - A new federal opinion permits a party to file 1983 action without exhausting administrative remedies. See 1983 thread. (consult with your attorney) Jerry Jamgotchain; Theta Holding I, Inc., (Jamgotchian v. Ferraro)

What this means is this (consult your attorney). They cite you. You (your attorney) decides if your civil rights have been violated. Free speech, discrimination, due process, equal protection etc (plus state actions). You DO NOT PAY FINE, YOU DO NOT APPEAL to hearing officer - instead you file 1983 civil rights action in federal court and request injunction against any action by the City.
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Download detailed chart on home page.

NOTE - this is an important legal issue. If your civil rights have been violated you are not required by law to exhaust your administrative remedies. You and your attorney can immediately file a 1983 civil rights complaint in federal court against the party, officer etc. (Patsy v. Board of Regents)

HOWEVER - if you do begin the appeal process you may be forced to complete it to avoid state / federal res judicata issues.

IMPORTANT ISSUE - The plain text of the statue does not state every violation is an infraction by default. So, that directly relates to the acts of a subordinate judicial officer. Some fines have been charged in excess of $300,000 - obviously not the jurisdiction of a subordinate judicial officer (commissioner).

53069.4. (a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty.

GENERAL STEPS AT CITY LEVEL

1. Officer inspects property
2. Officer issues courtesy notice
3. Officer issues citation 1 ($100 for each violation)(fine could be a whole lot more)
> you appeal to hearing officer
> you pay fine in full for privilege of contesting fine
> date is scheduled for hearing before city selected hearing officer
4. Officer issues citation 2 ($200 for each violation)
5. Officer issues citation 3 ($500 for each violation)
6. You submit your appeal brief to city and hearing officer
7. City submits it's officer report to you and hearing officer (city's citation and notice alone are supposed to be its prima facie evidence)
8. You and city meet in open meeting in front of hearing officer (closed meeting is brown act violation)
9. City puts on its case in front of hearing officer that shows evidence of your guilt. Officer testifies against you
10. You show your evidence, you bring your witnesses, you present declarations, you show your photographs, you tell your story and list all defenses
11. You cross-examine the officer. You attempt to catch officer in a lie of some degree
> You attack the officer in every possible way so you have raised every issue for the Superior court.
12. The hearing officer may record the hearing. If not you can hire a court reporter if it is a serious matter.
13. In about 30 days you will get a notice in mail -- most likely you will lose as it is a rigged system.

STEPS AT SUPERIOR COURT LEVEL

TIME IS NOW SHORT - you file what is termed an appeal to the superior court. It is a trial de novo. (a trial all over again) The cost is $25 by law. You have just days to file this. Check with your city code to see what unfair practices they have authored for the appeal. A late appeal is a instant loss.

1. You file the appeal with the proper courthouse. The appeal is simply a caption or a form and a payment.
2. The case is assigned you will either get a commissioner, or a judge. This is a very important distinction.
3. Now you are in superior court. You are playing by Superior court rules - things are now equal. (or should be)
... to be continued.