10.20.014 Authority to Conduct Administrative Review Process; Hearing Officer; Procedures.
The processing agency may review appeals or other objections to a code enforcement citation pursuant to the procedures set forth in this Section.
   A.   For a period of twenty-one (21) days from the issuance of the code enforcement citation or ten (10) days from the mailing of the notice of a delinquent code enforcement citation, the citation recipient may request an initial review by the processing agency. The request for initial review may be made in writing, by telephone or in person.
   B.   The initial review by the processing agency shall consist of those procedures outlined in this Section.
   C.   In order to contest the citation, the recipient must deposit with the processing agency the full amount of the penalty on or before the fifteenth (15th) day following the mailing to that recipient of the results of the processing agency’s initial review. At the same time, the recipient must provide a written explanation of the reason or reasons for contesting the citation on a form provided by the processing agency. If the recipient is unable to deposit the full amount of the penalty, he/she must provide verifiable and substantial proof of an inability to deposit the penalty. Upon presentation of such proof, the processing agency shall proceed with the contest procedure despite the recipient’s failure to deposit the full amount of the penalty. If it is ultimately determined that the recipient is not liable for the violation, then the full amount of the penalty deposited shall be refunded.
   D.   The contestant may contest the citation either by written declaration, on forms provided by the processing agency, or by personal appearance before a hearing examiner.
   E.   Notwithstanding the provisions of Subsection A. of this Section, if a vehicle has been immobilized or impounded for unpaid parking citations, the processing agency shall permit the registered owner of the vehicle to contest the citations upon which the seizure was based, without requiring a deposit of the penalty, provided that the vehicle remains under the control of the immobilizing or impounding agency.