On February 22, 2024 a
Party Notice
was filed
involving a dispute between
and
San Bernardino County Code Enforcement,
for Administrative Agency Review
in the District Court of San Bernardino County.
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V ORIGINAL
Thomas Dale Bunton (SBN: 193560) EXEMPT PER
County Counsel GOVERNMENT CODE
—
Brett Davison (SBN: 306937) F I L § 6103
Deputy County Counsel
SUPERIOR mURTSF CDAUFOHNIA
”COUNTY OF SAN BERNARDINO
385 N. Arrowhead Ave, Fourth Floor «AN BERNARDINO CIVIL DIVISION
San chardino, CA 9241 5-0140
\IO‘kIIAWN
Telephone: (909) 387-3] 16 MAR 2 2 202’s
Facsimile: (909)387-4068
Attomeys for Respondent
San Bernardino County
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN BERNARDINO, SAN BERNARDINO JUSTICE CENTER
11
Floor
12
92415-0140
CASE NO. CIVSBZ401597
Fourth In Re: The Appeal 0f Lee R. Vickson,
County
Counsel
387-5455
l3
Citation Nos. C23003 l 81 6
Ave..
Appellant,
County
California
(909) l4 NOTICE OF LODGING CODE
Bemardino
of An’owhead
ENFORCEMENT FILE PURSUANT
15
Bernardino,
Telephone
v.
TO GOV. CODE § 53069.4(b)
San Office
Nodh 16
385 San
San Bemardino County Code Enforcement, VVVVVVVVVVVVVVV
17
Respondent. Hearing Date: March 29, 2024
18 Time: 8:30am
Dept: S-35
l9
[Limited Civil Case — Notice of Appeal
20 (Citation Enforcement)]
21
22
TO THE SUPERIOR COURT, CIVIL CLERK’S OFFICE, ALL PARTIES AND
23
THEIR COUNSEL OF RECORD, PLEASE TAKE NOTICE that the Respondent San
24
Bemardino County hereby lodges the Code Enforcement File containing the administrative
25
record for the appealed citation and de novo appeal. Government Code section 53069.4(b)( 1)
26
States:
27
Notwithstanding the provisions of Section 1094.5 0r 1094.6 of the
28 Code 0f Civil Procedure, within 20 days after service 0f the final
administrative order 0r decision 0f the local agency is made
NOTICE OF LODGING CODE ENFORCEMENT FILE PURSUANT TO GOV. CODE § 53069.4(b)
g“
V \r
pursuant to an ordinance enacted in accordance with this section
regarding the imposition, enforcement 0r collection of the
administrative fines or penalties, a person contesting that final
administrative order 0r decision may seek review by filing an
appeal to bc heard by the superior court, where the same shall be
heard dc novo, except that the contents of the local agency's file
in the case shall he received in evidence. A proceeding under this
subdivision is a limited civil case. A
copy 0f the document or
instrument 0f the local agency providing notice Ofthe violation and
imposition uf the administrative fine or penalty shall he admitted
intn evidence as prima facie evidence of the facts stated therein.
A copy Ofthc notice ofappcal shall be served in person 0r by first-
class mail upon the local agency by the contestant. (Emphasis
added.)
The burden then shifts t0 Appellant Io refute those facts.
An action nfthis kind is a limited civil case wherein the court conducts a de novo review
F|oor
92415-0140
of the code enforcement violation and issued citation. Appellant filed a notice 0f appeal under
Fourth
Counsel 387-5455
County
.
Ave
Gov. Code § 53069.4. An appeal by way 0f Gov. Code § 53069.4(b) entitles the appellant t0 de
California
(909)
novo review and a hearing, but does not allow the presentation 0f new evidence 0r the argument
County
Bemardino
of Arrowhead
Bemardino.
Telephone
of new issues. Therefore. the Court independently reviews thc evidence contained in the
San Office
North
Administrative Record t0 determine if the Administrative Record contains sufficient evidence to
385 San
rebut the charged offenses in the citation.
Gov. Code § 53069.4 mandates that the Court consider Respondent County’s file. The
Coun may consider evidence outside the local agency’s file, but only to the extent that such was
presented at the administrative hearing. The Court cannot consider new evidence. As appeals
are limited to issues and evidence already in the record, the panics are not entitled t0 introduce
new evidence 0r argue new issues. It is an appeal de novo, not a trial de novo.
DATED: March l9, 2024 TOM BUNTON
County Counsel
26
Brett Davison
27
Dcput) County Counsel
28
Attomeys for Respondent
SAN BERNARDINO COUNTY
Page 2
NOTICE OF LODGING CODE ENFORCEMENT FILE PURSUANT TO GOV. CODE § 53069.4(b)
Document Filed Date
March 22, 2024
Case Filing Date
February 22, 2024
Category
Administrative Agency Review
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V ORIGINAL Thomas Dale Bunton (SBN: 193560) EXEMPT PER County Counsel GOVERNMENT CODE — Brett Davison (SBN: 306937) F I L § 6103 Deputy County Counsel SUPERIOR mURTSF CDAUFOHNIA ”COUNTY OF SAN BERNARDINO 385 N. Arrowhead Ave, Fourth Floor «AN BERNARDINO CIVIL DIVISION San chardino, CA 9241 5-0140 \IO‘kIIAWN Telephone: (909) 387-3] 16 MAR 2 2 202’s Facsimile: (909)387-4068 Attomeys for Respondent San Bernardino County SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO, SAN BERNARDINO JUSTICE CENTER 11 Floor 12 92415-0140 CASE NO. CIVSBZ401597 Fourth In Re: The Appeal 0f Lee R. Vickson, County Counsel 387-5455 l3 Citation Nos. C23003 l 81 6 Ave.. Appellant, County California (909) l4 NOTICE OF LODGING CODE Bemardino of An’owhead ENFORCEMENT FILE PURSUANT 15 Bernardino, Telephone v. TO GOV. CODE § 53069.4(b) San Office Nodh 16 385 San San Bemardino County Code Enforcement, VVVVVVVVVVVVVVV 17 Respondent. Hearing Date: March 29, 2024 18 Time: 8:30am Dept: S-35 l9 [Limited Civil Case — Notice of Appeal 20 (Citation Enforcement)] 21 22 TO THE SUPERIOR COURT, CIVIL CLERK’S OFFICE, ALL PARTIES AND 23 THEIR COUNSEL OF RECORD, PLEASE TAKE NOTICE that the Respondent San 24 Bemardino County hereby lodges the Code Enforcement File containing the administrative 25 record for the appealed citation and de novo appeal. Government Code section 53069.4(b)( 1) 26 States: 27 Notwithstanding the provisions of Section 1094.5 0r 1094.6 of the 28 Code 0f Civil Procedure, within 20 days after service 0f the final administrative order 0r decision 0f the local agency is made NOTICE OF LODGING CODE ENFORCEMENT FILE PURSUANT TO GOV. CODE § 53069.4(b) g“ V \r pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement 0r collection of the administrative fines or penalties, a person contesting that final administrative order 0r decision may seek review by filing an appeal to bc heard by the superior court, where the same shall be heard dc novo, except that the contents of the local agency's file in the case shall he received in evidence. A proceeding under this subdivision is a limited civil case. A copy 0f the document or instrument 0f the local agency providing notice Ofthe violation and imposition uf the administrative fine or penalty shall he admitted intn evidence as prima facie evidence of the facts stated therein. A copy Ofthc notice ofappcal shall be served in person 0r by first- class mail upon the local agency by the contestant. (Emphasis added.) The burden then shifts t0 Appellant Io refute those facts. An action nfthis kind is a limited civil case wherein the court conducts a de novo review F|oor 92415-0140 of the code enforcement violation and issued citation. Appellant filed a notice 0f appeal under Fourth Counsel 387-5455 County . Ave Gov. Code § 53069.4. An appeal by way 0f Gov. Code § 53069.4(b) entitles the appellant t0 de California (909) novo review and a hearing, but does not allow the presentation 0f new evidence 0r the argument County Bemardino of Arrowhead Bemardino. Telephone of new issues. Therefore. the Court independently reviews thc evidence contained in the San Office North Administrative Record t0 determine if the Administrative Record contains sufficient evidence to 385 San rebut the charged offenses in the citation. Gov. Code § 53069.4 mandates that the Court consider Respondent County’s file. The Coun may consider evidence outside the local agency’s file, but only to the extent that such was presented at the administrative hearing. The Court cannot consider new evidence. As appeals are limited to issues and evidence already in the record, the panics are not entitled t0 introduce new evidence 0r argue new issues. It is an appeal de novo, not a trial de novo. DATED: March l9, 2024 TOM BUNTON County Counsel 26 Brett Davison 27 Dcput) County Counsel 28 Attomeys for Respondent SAN BERNARDINO COUNTY Page 2 NOTICE OF LODGING CODE ENFORCEMENT FILE PURSUANT TO GOV. CODE § 53069.4(b)