(A) The City Manager shall designate a hearing officer or hearing officers to conduct the appeal hearing of an administrative citation issued pursuant to this chapter.
(B) No hearing to contest an administrative citation before a hearing officer will be held until a request for hearing has been completed and submitted, and the monetary fine has been deposited in advance, unless a hardship waiver is granted in accordance with § 1.13.090(C).
(C) The hearing officer may only consider evidence that is relevant to whether the violation occurred and whether the responsible party has created, caused or maintained the violation of this code on the date specified in the administrative citation.
(D) At least ten days prior to the hearing, the city must provide the recipient of an administrative citation with a copy of the citation, and any other documents to be submitted to the hearing officer. Formal rules of evidence will not apply.
(E) The person appealing the administrative citation will be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.
(F) Unless requested in advance by the person appealing the administrative citation, neither the enforcement officer nor any other representative of the city is required to attend the hearing, provided that any such appearance may be made at the discretion of the enforcement officer or City Manager.
(G) The failure of any recipient of an administrative citation to appear at the administrative citation hearing will constitute a forfeiture of the fine and a failure to exhaust administrative remedies, and the order of the citation will become the final determination.
(H) The administrative citation and any additional documents submitted by the enforcement officer to the hearing officer will constitute prima facie evidence of the violation and the respective facts contained in those documents.
(I) The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
(J) The hearing officer shall administer oaths and accept testimony under penalty of perjury relating to the violation.
(Ord. 4544, passed 5-26-09)