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 Marin County
 Code of Ordinances
 Title 6. PUBLIC PEACE, SAFETY AND MORALS*
 Chapter 6.75. PROHIBITION OF LOUD OR UNRULY GATHERINGS WHERE ALCOHOL, CONTROLLED SUBSTANCES OR MARIJUANA IS SERVED TO, INGESTED BY OR IN THE POSSESSION OF UNDERAGE PERSONS; IMPOSITION OF CIVIL FINES AND MANDATORY ATTENDANCE AT RESTORATIVE JUSTICE PROGRAM HEARINGS TO ADULT OFFENDERS FOR VIOLATION AND IMPOSITION OF CIVIL FEES FOR THE RECOVERY OF COSTS FOR PUBLIC SAFETY RESPONSES TO SUCH GATHERINGS; AND MANDATING GRADUATION FROM A RESTORATIVE JUSTICE PROGRAM FOR UNDERAGE OFFENDERS AND YOUNG ADULT OFFENDERS UNDER THE AGE OF TWENTY-ONE

  § 6.75.055. Hearings on the imposition of civil fine and/or imposition of civil cost recovery fee for public safety response—Appeals.  

Latest version.

  • (a)

    Administrative Hearing. Any person subject to a civil fine pursuant to Section 6.75.050(a) or subject to a civil cost recovery fee for public safety responses pursuant to Section 6.75.050(b) shall have the right to request an administrative hearing within forty-five days of the issuance of a citation for a civil violation of this chapter [Section 6.75.050(a)] and/or the issuance of a citation for the imposition of civil cost recovery fees for a public safety response as specified in this chapter [Section 6.75.050(b)] pursuant to the authority granted to the board of supervisors by Government Code Section 25845, subdivision (i). To request such a hearing, the person requesting the hearing shall notify the Marin County administrator's office in writing within forty-five days of the issuance of the citation.

    The Marin County Administrator's Office shall refer any request for a hearing under Section 6.75.050(a) and/or Section 6.75.050(b) to a county hearing officer. The county hearing officer shall conduct a hearing on the matter within ninety days of the request for the hearing unless one of the parties requests a continuance for good cause. The county hearing officer shall render a decision within thirty days of the conclusion of the hearing. Either party may appeal the decision of the county hearing officer pursuant to the requirements set forth below in subsection (b).

    (b)

    Appeal from Decision of County Hearing Officer. The person upon whom a civil fine is imposed pursuant to Section 6.75.050(a) and/or upon whom a civil cost recovery fee is imposed pursuant to Section 6.75.50(b) may appeal the decision of the county hearing officer. The county may also appeal the decision of the county hearing officer. No appeal can lie unless the party filing the appeal has first properly requested and obtained a hearing under Section 6.75.055(a).

    The appeal must be filed within twenty days after service of the final decision issued by the county Hearing Officer pursuant to California Government Code Section 53069.4, subdivision (b). The procedures outlined in Government Code Section 53069.4 shall apply.

    (Ord. 3462 § 1 (part), 2006)

( Ord. No. 3641 , § I, 2016)