Administrative Citation Appeal

If you have received an administrative citation, you may appeal the determination that you violated a City ordinance, the penalty imposed, or both.

If you wish to appeal this citation, please download the administrative appeal request form.

If you wish to request a waiver of the advance desposit that is normally required to file an appeal, please download the waiver request form.

Please follow the directions on the form for the next steps. If you have any questions about filing an administrative appeal, please contact the Office of the City Manager via phone (510) 981-7000 or email manager@cityofberkeley.info.

 Appeal Process

Filing an Appeal

You may appeal this citation by completing a request for hearing form and returning it to the City at the address shown on the form. The request for hearing must be received or postmarked no later than twenty-one (21) days after the date of this citation.

You must also submit with the request for hearing form either (1) an advance deposit of the fine(s) shown on the reverse or (2) a notice that a request for an advance deposit hardship waiver has been filed.

If you file a timely appeal, you will be notified of the time and place of your hearing at least ten (10) days prior to the date of the hearing. If the citing officer submits an additional written report concerning the citation to the hearing officer a copy of that report will also be served on you at least five (5) days prior to the date of the hearing.

Advance Deposit Waivers

If you are financially unable to make the advance deposit of the fine you may file a request for an advance deposit hardship waiver. This request must be filed at the same time as your request for a hearing. If you do so, you need not pay the advance deposit of the fine, until and unless the City denies your request for a waiver.

The City may grant the advance deposit hardship waiver only if you submit a sworn declaration, together with any supporting documents or materials, which demonstrates your financial inability to deposit with the City the full amount of the fine in advance of the hearing.

If the City determines not to approve your request for a waiver, you must remit the deposit to the City within ten (10) days of the date of that decision or thirty (30) days from the date of the administrative citation, whichever is later. If you do not do so you will not be entitled to a hearing. The City must issue a written determination of its reasons for granting or denying your request for a waiver and must serve it on you by first class mail.

Hearings

A hearing will be held not less than fifteen (15) days and not more than thirty (30) days from the date that you file your request for a hearing.

At the hearing, you may testify and present evidence concerning the citation.

If you fail to appear at the hearing you will forfeit the deposit of the fine and be deemed to have failed to exhaust your administrative remedies and consented to any order to correct.

More Information

This citation was issued under the authority of Berkeley Municipal Code chapter 1.28. You may review the Berkeley Municipal Code at the City Clerk's Office at 2180 Milvia Street, Berkeley, the Berkeley Public Library, or on the City's website at http://www.CityofBerkeley/bmc/.