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HomeMy WebLinkAboutFD-055 - Ordinances ORDINANCE NO. FD 55 AN ORDINANCE OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. FD 45 TO EXTEND THE ALLOTTED TIME FOR PAYING ADMINISTRATIVE FINES, APPEALING ADMINISTRATIVE CITATIONS, AND APPLYING FOR A HARDSHIP WAIVER. The Board of Directors of the Rancho Cucamonga Fire Protection District hereby ordains as follows: Section 1. Section 10 of Ordinance No. FD 45 is hereby amended to read as follows: "Section 10. Payment of administrative fine. The fine imposed pursuant to this Ordinance for a particular violation and for any subsequent violation of the same Code section shall be in the amount set forth in Section 9, an adopted administrative penalty schedule, or otherwise as established by resolution of the District Board. The administrative fine shall be paid to the Finance Department of the City of Rancho Cucamonga, on behalf of the District, within thirty (30) days from the date of service of the administrative citation. If, after a hearing requested pursuant to this Ordinance, the Administrative Hearing Officer determines that the administrative citation should be cancelled, the administrative fine shall be refunded in accordance with the provisions of the Ordinance." Section 2. Section 11.B. of Ordinance No. FD 45 is hereby amended to read as follows: "B. Any Responsible Person desiring an administrative hearing shall file with the office of the City Clerk a completed Request for Hearing Form and the administrative fine or completed Hardship Waiver Form pursuant to this Ordinance within thirty (30) days from the date of service of the administrative citation. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the office of the City Clerk or a City Clerk,— file stamped copy in the possession of the Responsible Party shall control. The Responsible Person's failure to file the Request for Hearing Form and the fine or Hardship Waiver Form within thirty (30) days of the date of service of the administrative citation shall constitute a waiver of the right to a hearing." Section 3. Section 12.A. of Ordinance No. FD 45 is hereby amended to read as follows: "A. Any Responsible Person who requests an administrative hearing and who is financially unable to deposit the administrative fine as provided in this Ordinance may file a request for an Advance Deposit Hardship Waiver. The request shall be filed with the Finance Department of the City of Rancho Cucamonga, on behalf of the District, on an Advance Deposit Hardship Waiver application form, available from the Finance Department, no later than thirty (30) days after service of the administrative citation. The Responsible Person's failure to file a completed form, with all supporting documents, within thirty (30) days after service of the administrative citation shall constitute a waiver of the right to receive a Hardship Waiver. In the event of any dispute as to the date of filing, the dat e indicated on a file stamped copy in the Finance Ordinance No. FD 55 — Page 1 of 3 Department or a Finance Department — file stamped copy in possession of the Responsible Party shall control." Section 4. This Ordinance shall only apply to citations issued after its effective date. This Ordinance shall not affect any actions or proceedings that began before the effective date of this Ordinance or any fines and penalties due and unpaid at the effective date of this Ordinance. Section 5. Severability. The Board of Directors declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court of action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 6. The District Secretary shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. Ordinance No. FD 55 — Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 16th day of March 2016. • AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None �Denni ichael, Pr-.ident ATTEST: e Ar��� nice C. Reynolds, Sec tary I, JANICE C. REYNOLDS, SECRETARY of the City of Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 2nd day of March 2016, and was passed at a Regular Meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 16th day of March 2016. Executed this 17th day of March 2016, at Rancho Cucamonga, California. CCP• / ice C. Reynolds, S retary Ordinance No. FD 55 — Page 3 of 3