Sec. 1-9.55. Advance deposit hardship waiver.
A.Any person who intends to request a hearing to contest an administrative citation, and who is financially unable to make the advance deposit of the fine as required in Section 1-9.5(A), may file a request for an Advance Deposit Hardship Waiver which shall include a sworn affidavit as described in subsection (C) below.
B.The request shall be filed, along with the request for hearing form, with the Finance Department on an Advance Deposit Hardship Waiver Application form, available from the Finance Department, within thirty (30) days of the date of the administrative citation.
C.
1.The City may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the City an advance deposit hardship waiver application form, together with any supporting documents or materials, demonstrating the person’s actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.
2.An application for the advance deposit hardship waiver shall be granted under any of the following criteria:
a.The applicant is receiving public benefits under one or more of the following programs:
(1)Supplemental Security Income (SSI) and State Supplementary Payment (SSP).
(2)California Work Opportunity and Responsibility to Kids Act (CalWORKs) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program.
(3)Supplemental Nutrition Assistance Program or the California Food Assistance Program.
(4)County Relief, General Relief (GR), or General Assistance (GA).
(5)Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI).
(6)In-Home Supportive Services (IHSS).
(7)Medi-Cal.
(8)California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program).
(9)Unemployment compensation.
b.The applicant’s monthly income is two hundred (200) percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.
c.An applicant does not have enough income to pay for household basic needs and the advance deposit. This is verified through additional documentation regarding the person’s income, household income, money and property, and monthly deductions and expenses.
D.The requirement of depositing the full amount of the fine as described in Section 1-9.5(A) shall be stayed unless or until the City makes a determination not to issue the advance deposit hardship waiver.
E.If the City makes a determination to deny the advance deposit hardship waiver application, a written determination listing the reasons for said denial shall be issued. The written determination to deny the waiver shall be final.
F.An applicant that owns or has an interest in real property in Monterey County is ineligible for a waiver under this subsection.
G.The written determination of the City’s denial of the advance deposit hardship waiver shall be served by mail upon the person who applied for the waiver. (Ord. 3612 § 2, 2020; Ord. 3299 § 4, 2001)
(Ord. 3662 §§ 4, 5, 6, 2023)