Advance deposit hardship waiver.
San José Municipal Code § 25.11.1760
in effect25.11.1760 - Advance deposit hardship waiver.
A. Any person who intends to request a hearing to contest an administrative citation under this chapter or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in Section 25.11.1750.A may file a request for an advance deposit hardship waiver.
B. The request shall be filed with the director on an advance deposit hardship waiver application form, available from the director, within fifteen (15) days of the date of the administrative citation.
C. The requirement to deposit the full amount of the fine as described in Section 25.11.1750.A shall be stayed unless and until the director makes a determination not to issue the advance deposit hardship waiver.
D. The director may waive the requirement of an advance deposit set forth in Section 25.11.1750.A and issue the advance deposit hardship waiver only if the cited party submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.
E. If the director determines not to issue an advance deposit hardship waiver, the person shall 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.
F. The director shall issue a written determination listing the reasons for the director's determination to issue or not issue the advance deposit hardship waiver. The written determination of the director shall be final.
G. The written determination of the director shall be served upon the person who applied for the advance deposit hardship waiver.
(Ord. 28432.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT25AI_CH25.11AILIWALAST_PT17ADEN_25.11.1760ADDEHAWAFetched: 11/1/2026
