(A) Any person receiving an administrative citation may appeal the citation within ten calendar days after the issuance date of the administrative citation. The appeal must be in writing and must indicate the appellant’s full name, telephone number, mailing address, specify the basis for the appeal in detail, and must be filed at the City Clerk’s office. Any request for hearing must be accompanied by an advance deposit of the fine assessed by the citation for the initial violation, unless waived by subsection (C) of this section. If it is determined after a hearing that there was no violation as charged in the administrative citation, the advance deposit will be refunded.
(B) A request for hearing will not postpone or avoid the requirement of a responsible person to correct and abate a violation nor toll the daily fines accruing for a continuing violation until the correction and abatement of the offense is properly verified by the city. In the event the hearing officer upholds the citation, the responsible person will be liable for the total fines accrued from the issuance of the citation to the date the abatement is properly verified by the city.
(C) A person seeking an administrative hearing may request a hardship waiver of the monetary fine by filing a request in writing with the City Clerk’s office, which must be signed under penalty of perjury. The request must be submitted along with the request for hearing. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to make the deposit. The request will be decided by the city manager within three business days from date the request is received, unless otherwise extended by the City Manager. The City Manager’s decision is final. The applicant will be notified by telephone, facsimile, or pursuant to § 1.13.030. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the fine when due. If the request for hardship waiver is denied, an administrative, hearing will not be scheduled unless the monetary fine is paid within five business days following the City Manager’s determination on the request for a hardship waiver.
(D) As soon as practicable after receiving written notice of appeal, the City Manager shall fix a date, time and place for the hearing before a hearing officer. Hearings shall take place once per month at a set time and date, unless the city finds it necessary to conduct hearings more frequently or less frequently. The city shall notify the person requesting the hearing pursuant to § 1.13.030, at least ten days prior to the date of the hearing and give that person any additional written reports filed concerning the violation that are provided to the hearing officer.
(E) Failure of any person with an interest in the property, or other responsible party, to receive such properly addressed or served notice of hearing shall not affect the validity of any proceedings under this chapter.
(F) Failure of any responsible party to file an appeal in accordance with the provisions of this section shall constitute a waiver of that responsible party’s rights to administrative determination of the merits of the administrative citation and the amount of the monetary fine. If no appeal is filed, the administrative citation shall be deemed a final administrative order and a failure to exhaust the responsible party’s administrative remedies.
(Ord. 4544, passed 5-26-09)