.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.)