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.010 Any person receiving a civil citation may contest it by filing a request for an administrative review within the time provided herein. To obtain an administrative review, the citee shall file a signed written application in the form prescribed by the City, specifying the grounds for contesting the citation and fine. A citee may only contest the citation on one or more of the following grounds: (i) by denying that a violation occurred, (ii) by denying that a violation was not corrected within any applicable correction period, (iii) by denying that the citee is a responsible person for the violation, or (iv) by denying that the circumstances warrant imposition of the fine(s) prescribed.
.020 Any application request for administrative review must be received by the City within thirty (30) days of the date the citation was issued, and be accompanied by a deposit of the full amount of the fine or an application for waiver of the fine deposit pursuant to Section 1.20.090 of this chapter. The request for administrative review shall not be accepted for filing, if not accompanied by either a deposit of the full amount of the fine or an application for waiver of the fine deposit which conforms to the provisions of Section 1.20.090. When an application for administrative review and fine deposit and/or an application for waiver of fine deposit are mailed by the citee, the application(s) and fine shall be deemed filed on the date received by the City. All applications shall be date stamped on the date received by the City. The Manager may reject any application which is not timely received by the City. (Ord. 5930 1 (part); July 27, 2004.)
.010 A person filing an application for administrative review may also request at the same time a waiver of the fine deposit on the grounds of financial hardship. To request such a waiver, the citee shall file with the City a signed written application in the form prescribed by the City, specifying the reasons the citee is unable to make the fine deposit at such time. Such application must be made within thirty (30) days of the date of the citation, and must accompany the request for administrative review made pursuant to Section 1.20.080 of this chapter.
.020 Within ten (10) days following the receipt of a timely application for waiver of the fine deposit, the Manager shall provide notice to the citee of the time, date and place of a hearing upon such application for waiver of the fine deposit, which hearing date shall be not sooner than ten (10) days nor later than (20) days following the date notice of such hearing is given to the citee.
.030 The citee bears the burden of establishing that he or she does not have the financial ability to make the fine deposit. The citee shall personally appear at the hearing and provide evidence sufficient to establish his or her inability to make the fine deposit. Failure of the citee to personally appear at the hearing shall constitute an abandonment of the application for waiver of the fine deposit.
.040 The request shall be decided by the Manager at a hearing which shall be held prior to the administrative review contesting the citation. Within ten (10) days following the conclusion of the hearing on the waiver request, the Manager shall issue a written decision that the fine deposit is or is not waived, and specifying the reasons therefor. The Manager shall consult with the Hearing Officer, and shall include with the notice of decision notice of the hearing date set for the administrative review, which shall be not sooner than ten(10) days nor more than thirty (30) days following the date notice of such decision is given by the Manager.
.050 If the waiver is denied, the Manager shall give the citee a self-addressed envelope to use in making the fine deposit. The citee shall mail or deliver the deposit in the envelope provided so that it is postmarked or personally delivered at least three (3) business days before the date designated for the administrative review hearing. The Manager is authorized to designate the address to which the deposit is to be mailed or delivered. Failure to make the deposit by the time required shall be deemed an abandonment of the contest.
.060 The filing of an application for hardship waiver of the fine deposit does not extend the time within which to request an administrative review or any other time set forth in this chapter, except as provided in subsection .050 above. The decision of the Manager on the waiver of the fine deposit is final and not subject to judicial review pursuant to Section 1.20.120. (Ord. 5930 1 (part); July 27, 2004.)
.010 Hearings shall be conducted by the Hearing Officer at a time, date and location set by the Hearing Officer, which date shall be at least ten (10) days but not more than thirty (30) days after the date upon which the citee requests an administrative review, accompanied by the fine deposit, unless otherwise agreed to by the citee and the Hearing Officer. The citee shall be given at least ten (10) days advance notice of such hearing date.
.020 The Manager shall ensure that the pertinent citation records for a citation set for hearing are delivered to the Hearing Officer. Before the hearing, the Manager shall also make available to the citee a copy of any additional reports concerning the citation that are provided to the Hearing Officer.
.030 The citee shall be given the opportunity to testify and to present evidence relevant to the alleged violation(s) specified in the citation, and/or mitigating circumstances warranting a waiver of or imposition of a lesser fine, and/or any other evidence relevant to the decision as determined by the Hearing Officer. A parent, guardian or legal representative must accompany any citee who is under 18 years of age at the hearing, or any request or contest shall be deemed abandoned.
.040 The citation and any other reports prepared by the Code Enforcement Officer, or prepared at his or her request, concerning the Code violation shall be accepted by the Hearing Officer as prima facie evidence of the code violation and the facts stated in such documents.
.050 Neither the Code Enforcement Officer nor any other representative of the city shall be required to attend the hearing, nor shall the Hearing Officer require that there be submitted any evidence of the violation, other than the citation, that may exist among the public records of the city. However, any such appearance and/or submission may be made at the discretion of the Code Enforcement Officer or any city employee or agent.
.060 The Hearing Officer may continue a hearing if a request is made by the citee, or the citee's representative, or the representative of the city, upon a showing of good cause. All continuance requests shall either: (i) be made in person at the hearing, or (ii) be made by a written request received by the Hearing Officer at least twenty-four (24) hours before the scheduled time of the hearing. If the continuance is granted, a new hearing date shall be set for a date not later than fifteen (15) days after the previously scheduled hearing date, unless otherwise mutually agreed by the citee and the Manager. If the continuance is denied, the hearing shall proceed as scheduled and, if the citee is not present, the request shall be deemed abandoned in accordance with subsection .080 below. The decision on the continuance request is final, and the notice shall either be delivered personally to the citee or the representative if present, or be mailed by the Department. If the request for continuance is not made in person, the citee is responsible for determining whether the request is denied and the hearing is to proceed as scheduled.
.070 The hearing shall be conducted informally and the legal rules of evidence need not be followed. Each party shall have an opportunity present evidence and witnesses in support of his or her case. The City bears the burden of proof to establish a violation of the Code. The citation is prima facie evidence of the violation, and the Enforcement Officer who issued the citation is not required to participate in the hearing. The Hearing Officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. The Hearing Officer shall not have the authority to issue subpoenas.
.080 The failure of the citee to appear at the hearing, unless the hearing was continued to another date pursuant to subsection .060 above, shall constitute an abandonment of the request for waiver of the fine deposit and/or administrative review, and a failure to exhaust administrative remedies concerning the violation as set forth in the citation. The fine deposit shall be credited by the City to the fine due for the violation. The citee's failure to appear shall be noted on the notice of decision by the Hearing Officer, and it shall be mailed to the citee.
.090 The Hearing Officer's continued employment, performance evaluation, compensation, and benefits shall not be linked, directly or indirectly, to the number of citations upheld or canceled by such Hearing Officer. (Ord. 5930 1 (part); July 27, 2004.)
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