desert_hot_springs

CITY OF DESERT HOT SPRINGS

ADMINISTRATIVE CITATION DEFENSE GUIDE - FIGHT YOUR CITATION

This is a quick and dirty overview on how to contest your Desert Hot Springs administrative citation.

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FIGHT YOUR CITATION

2024 Desert Hot Springs Lawsuit List

A new sign has been erected at the entry to the City of Desert Hot Springs, it reads...
"Whatever you do, do yourself a favor, never move to the City of Desert Hot Springs. If you are looking for a new town to live in, look elsewhere."

TO BE CLEAR. This is a multi-step process. This is confusing because you will initially go through TWO APPEALS. They are not really appeals but that is what the two hearings are called. Appeal 1 is to hearing officer. Appeal 2 is to re-do in Superior Court. If are brave, good at this and have a case Appeal 3 is to appellete division of Superior Court. Appeal 4 is to Court of Appeal. See informative site www.administrativecitation.com on the process.

Brief overview of how this unclear system works: 1) you receive something from a code officer. 2) if you believe you were in wrong you fix the issue. 3) if you believe you were not in wrong you don't fix the issue. 4) code officer will fine you. 5) you request fee waiver. 6) you get fee waiver or pay fine in advance. 7) you appeal to be heard by a hearing officer (they always rule against you so this is a waste of time - but necessary). 8. Once you receive your decision from administrative hearing officer in mail you then immediately appeal to the Superior Court. 9. You file the caption with the court and serve the city with a copy of the caption and proof of service. 10. You go to court. 11. You DECLINE to be heard by a judge pro tem or a commissioner (you have that right). Make sure the first thing out of your mouth at the hearing is that you decline to be heard by a temporary judge or a commissioner (why? because that is your choice). NOTE this is NOT really an appeal. An appeal is heard in appellate court. This is a re-do of the administrative hearing. This is now a limited civil case. You are defendant asking the court to re-hear with full limited civil procedure (form interrogatories, special interrogatories, document requests, admissions, a deposition) why you are not guilty or responsible for the administrative citation. You have many defenses we will discuss as we have time. Once you have eliminated the judge pro tem and or commissioner, the case will be delayed or you will be transferred to a different courtroom. At that point you must insist for a full limited civil case pursuant to CCP. 85-100.

IN ORDER DO THE FOLLOWING TO FIGHT YOUR ADMINISTRATIVE CITATION - See informative site www.administrativecitation.com.

1. Send letter to city you are appealing your administrative citation and you are requesting a fee waiver. (download*) link

2. Send a CPRA request a full and complete copy of the code enforcement file. link or link

Dear City of Desert Hot Springs Clerk, Please send me a PDF copy of my entire code enforcement file for Administrative Citation #xx-xxxxxx. Thank you, your name.

3. Send a second CPRA request for your code officer's personnel records pursuant to the passages of SB 1421 and SB 16. link1 . link2

Dear City of Desert Hot Springs Clerk, Please send me a PDF copy of code enforcement officers personnel file pursuant to SB 1421 and SB 16. Thank you, your name.

4. Pay for your citation (or use fee waiver) and give notice the City you are contesting your citation. You must do this promptly. link

5. Read through this entire section of DHSMC code. 4.24

6. When you get a notice of your hearing send notice to the City you are not equipped for a zoom hearing - force the hearing officer to drive to the City.

7. Prepare a multi-page letter (brief) with photos, maps, declarations of witnesses, and all the reasons you are not guilty. The brief is important. Everything you place in your brief at this stage will automatically become evidence in Superior Court. Read 53069.4

8. Postpone hearing if necessary. Demand to hold hearing in evening if necessary.

9. Go to hearing. Make two extra copies of brief for City and hearing officer.

10. Record hearing. If they say no tell them to show you in the City code were it says you cannot record the hearing.

11. Tell your story. Make demand in writing a copy of the hearing transcript and a copy of the hearing audio file. This is like a small claims case at this point.

12. You will receive a notice you lost your hearing in a few weeks. If you won... stop here (doubtful that will happen).

13. Appeal to Superior Court. The cost is just $25. (our non profit may pay this fee for you in the future)

14. When you file your caption with the court and you appeal the first thing you do is serve the city with discovery. (we will provide more links)

15. Document (called a caption) you file with the Superior Court to again appeal the hearing officer decision. download*

16. After filing your court documents send form interrogatories link

17. Proof of service. link

18. Research code enforcement cases only for California link Research link

19. Buy this great book link

20. Go to law library link

21. You are entitled to procedure under limited civil procedure when you appeal to the court for the de novo trial.

22. COUNTER-SUE - Since, by 53069.4 this issue will become a limited civil case, for a DE NOVO trial, it might be good to take a chance and counter sue in limited civil jurisdiction. You might even be able to counter sue the officer in small claims, and it may automatically become limited civil. If the code officer has damaged you in some way by issuing an unlawful citation, you can sue for damages. When you fle your "appeal caption" you can also file a counter suit. When you file for the 'appeal" in limited civil you are entitled to a DE NOVO trial. (new trial) By statute CCP. 85 and 90-100 read

23. DISCOVERY - most likely the City will not give you one piece of paper that will help your case. This is why you must conduct official discovery, and or counter sue the City and conduct discovery. You can sue separately and the case will be joined (or should be). As the defendant you can send discovery immediately upon filing your court documents.

24. DEFEND YOURSELF - most likely your code officer will not tell the truth. So, if you get emails from them keep every one. If you call him - record him. Take photos . Make maps.

Downloads - Administrative Citation Defense

* THIS CAPTION will work for any city. Just neatly cross out Palm Springs and use your proper court and county name.

* Other cities and counties may have their own appeal forms. It does not matter as long as you get one filed within the time limits.

* none of this information is legal advice.

DEFENSES - Administrative Citation Defense

1. The city failed to deliver prima facie evidence of a violation.

2. The notice / citation does not give you enough information to tell you what you did wrong.

3. The code officer failed to give you notice (before the citation).

4. You are not the one who caused the issue.

5. Argue that not one of the allegations rises to the level of an offense!

and many more as we have time...

Finally - see: See informative site www.administrativecitation.com on the entire process.