On February 22, 2024 a
Motion-Secondary
was filed
involving a dispute between
and
San Bernardino County Code Enforcement,
for Administrative Agency Review
in the District Court of San Bernardino County.
Preview
GisiGensau
Thomas Dale Bunton (SBN: 193560) EXEMPT PER
County Counsel GOVERNM! CoprE
Brett Davison (SBN: 306937) §6103
Deputy County Counsel
385 N. Arrowhead Ave., Fourth Floor FIL
CALIFORNIA
San Bernardino, CA 92415-0140 Cl SAN BERNAR! INO
‘SAN BERNARDINO DISTRICT
Telephone: (909) 387-3116
Facsimile: (909) 387-4068 MAR 25 2024
Attorneys for Respondent
County of San Bernardino ° GPa
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN BERNARDINO, SAN BERNARDINO JUSTICE CENTER
11
se
sz In Re: The Appeal of Lee R. Vickson, CASE NO. CIVSB2401597
iS 12
€2Lo Citation Nos. C230031816
S59
23 oases
sg2se 13 Appellant,
oss RESPONDENT'S APPEAL BRIEF
f2<5
g¢
Bees 14 [CA GOV’T CODE § 53069.4]
ecoees 15
Be
ogs 16 San Bernardino County Code Enforcement,
es Hearing Date: March 29, 2024
83 17 Time: :30am
Respondent.
Dept: S-35
18 [Limited Civil Case — Notice of Appeal
19 (Citation Enforcement)]
20
21 Respondent County of San Bernardino (“COUNTY”) responds and opposes Appellant
22 Lee R. Vickson (“Vickson”). Government Code Sec. 53069.4 appeal as follows:
23 I, JURISDICTION
24 Government Code Section 53069.4 states:
25 (a)(1) The legislative body of a local agency, as the term “local
agency” is defined in Section 54951, may by ordinance e make any
26
violation of any ordinance enacted by the local agency subject to
27 an administrative fine or penalty. The local agency shall set forth
by ordinance the administrative procedures that shall govern the
28
Page 1
27Y6293.JRT RESPONDENT'S APPEAL BRIEF [CA GOV'T CODE§ 53069.4]
imposition, enforcement, collection, and administrative review by
the local agency of those administrative fines or penalties.
An action of this kind is a limited civil case wherein the court conducts a de novo review
of the code enforcement violation and issued citation. Appellant filed a notice of appeal under
Gov. Code § 53069.4. An appeal by way of Gov. Code § 53069.4(b) entitles the Appellant to ce
6
novo review and a hearing, but does not allow the presentation of new evidence or the argument
of new issues.
Pursuant to Gov. Code § 53069.4(b)(1), “a person contesting that final administrative
9
order or decision may seek review by filing an appeal to be heard by the superior court, where
10
the same shall be heard de novo, except that the contents of the local agency's file in the case
11
3g shall be received in evidence.” The appeal should proceed by way of a de novo hearing by a
8:
23 12
oasS29 single judge; a “limited de novo appeal.” Martin v. Riverside County, 166 Cal.App.4" 1406,
sg2ss 13
S8¢ 35
ES 1411 (2008). “A copy of the document or instrument of the local agency providing notice of the
2<55
S§c=
P2bs 14
SEoQg violation and imposition of the administrative fine or penalty shall be admitted into evidence as
aop fs 15
cS Pa prima facie evidence of the facts stated therein.” Supra
#86
16
os
Bs
Bh 17 The burden then shifts to the Appellant to refute those facts.
18 Gov. Code § 53069.4 mandates that the Court consider Respondent County’s file. The
19 Court may c nsider evidence outside the local agency’s file, but only to the extent that such was
20 presented at the administrative hearing. The Court cannot consider new evidence. As appeals
21 are limited to issues and evidence already in the record, the parties are not entitled to introduce
2
22 new evidence or argue new issues. It is an appeal de novo, not a trial de novo.
23
24 HU. FACTUAL AND PROCEDURAL BACKGROUND
25 On April 27, 2023, Code Enforcement received a complaint regarding the presence of
26 thirty (°30") trailers, cars, and campers, located at 13429 Petaluma Road, Victorville, CA (“the
27 Subject Property”). Subsequently, on May 12, 2023. a comprehensive field investigation was
28 conducted by Code Enforcement, which included photographing the Subject Property. The
Page 2
27Y6293.JRT RESPONDE APPEAL BRIEF [CA GOV'T CODE § 53069.4]
Document Filed Date
March 25, 2024
Case Filing Date
February 22, 2024
Category
Administrative Agency Review
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GisiGensau Thomas Dale Bunton (SBN: 193560) EXEMPT PER County Counsel GOVERNM! CoprE Brett Davison (SBN: 306937) §6103 Deputy County Counsel 385 N. Arrowhead Ave., Fourth Floor FIL CALIFORNIA San Bernardino, CA 92415-0140 Cl SAN BERNAR! INO ‘SAN BERNARDINO DISTRICT Telephone: (909) 387-3116 Facsimile: (909) 387-4068 MAR 25 2024 Attorneys for Respondent County of San Bernardino ° GPa 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO, SAN BERNARDINO JUSTICE CENTER 11 se sz In Re: The Appeal of Lee R. Vickson, CASE NO. CIVSB2401597 iS 12 €2Lo Citation Nos. C230031816 S59 23 oases sg2se 13 Appellant, oss RESPONDENT'S APPEAL BRIEF f2<5 g¢ Bees 14 [CA GOV’T CODE § 53069.4] ecoees 15 Be ogs 16 San Bernardino County Code Enforcement, es Hearing Date: March 29, 2024 83 17 Time: :30am Respondent. Dept: S-35 18 [Limited Civil Case — Notice of Appeal 19 (Citation Enforcement)] 20 21 Respondent County of San Bernardino (“COUNTY”) responds and opposes Appellant 22 Lee R. Vickson (“Vickson”). Government Code Sec. 53069.4 appeal as follows: 23 I, JURISDICTION 24 Government Code Section 53069.4 states: 25 (a)(1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance e make any 26 violation of any ordinance enacted by the local agency subject to 27 an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the 28 Page 1 27Y6293.JRT RESPONDENT'S APPEAL BRIEF [CA GOV'T CODE§ 53069.4] imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. An action of this kind is a limited civil case wherein the court conducts a de novo review of the code enforcement violation and issued citation. Appellant filed a notice of appeal under Gov. Code § 53069.4. An appeal by way of Gov. Code § 53069.4(b) entitles the Appellant to ce 6 novo review and a hearing, but does not allow the presentation of new evidence or the argument of new issues. Pursuant to Gov. Code § 53069.4(b)(1), “a person contesting that final administrative 9 order or decision may seek review by filing an appeal to be heard by the superior court, where 10 the same shall be heard de novo, except that the contents of the local agency's file in the case 11 3g shall be received in evidence.” The appeal should proceed by way of a de novo hearing by a 8: 23 12 oasS29 single judge; a “limited de novo appeal.” Martin v. Riverside County, 166 Cal.App.4" 1406, sg2ss 13 S8¢ 35 ES 1411 (2008). “A copy of the document or instrument of the local agency providing notice of the 2<55 S§c= P2bs 14 SEoQg violation and imposition of the administrative fine or penalty shall be admitted into evidence as aop fs 15 cS Pa prima facie evidence of the facts stated therein.” Supra #86 16 os Bs Bh 17 The burden then shifts to the Appellant to refute those facts. 18 Gov. Code § 53069.4 mandates that the Court consider Respondent County’s file. The 19 Court may c nsider evidence outside the local agency’s file, but only to the extent that such was 20 presented at the administrative hearing. The Court cannot consider new evidence. As appeals 21 are limited to issues and evidence already in the record, the parties are not entitled to introduce 2 22 new evidence or argue new issues. It is an appeal de novo, not a trial de novo. 23 24 HU. FACTUAL AND PROCEDURAL BACKGROUND 25 On April 27, 2023, Code Enforcement received a complaint regarding the presence of 26 thirty (°30") trailers, cars, and campers, located at 13429 Petaluma Road, Victorville, CA (“the 27 Subject Property”). Subsequently, on May 12, 2023. a comprehensive field investigation was 28 conducted by Code Enforcement, which included photographing the Subject Property. The Page 2 27Y6293.JRT RESPONDE APPEAL BRIEF [CA GOV'T CODE § 53069.4]