.010 Request for Hearing. A registrant of ny newsrack may file a written request with the Director for an administrative hearing before the Director with the time provided under this chapter for the purpose of demonstrating that a newsrack should not have been impounded, or that a violation as specified in the notification of deficiency pursuant to Section 4.82.060 hereof has not in fact occurred.
.020 Fees. Requests for hearing shall be accompanied by the payment of a fee in an amount specified by resolution of the City Council.
.030 Notice of Hearing. Within seven days from the date on which the written request for hearing is received, the Director shall set a hearing date and shall notify the registrant, by first-class mail, of the date, time and place of said hearing. Said hearing shall be held if at all possible within fifteen days and in no case later than twenty-one days of the date of mailing of said notice.
.040 Conduct of Hearing. The hearing shall be public; however, no notice other than that required in subsection .030 of this Section 4.82.110 shall be required. At the time and place set for such hearing, the Director, or his or her authorized representative presiding over the hearing, shall receive evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this chapter, and any other relevant information. The rules of evidence shall not apply. Oral evidence shall be taken and recorded only on oath or affirmation administered by the City Clerk or his or her authorized representative pursuant to Section 704 of the City Charter.
.050 Continuation of Hearing. If, for any reason, testimony cannot be completed on the day set forth such hearing, the Director or his designated representative presiding over the hearing may, before adjournment or recess thereof, publicly announce the time and place to which said hearing will be continued, and such announcement shall serve as sufficient notice of such continuance, and no further notice need be given.
.060 Decision After Hearing. Within ten days after the conclusion of the hearing, the Director or his or her designated representative presiding over the hearing shall find and determine, from the facts adduced at said hearing, whether the newsrack should have been tagged and/or impounded, and whether said newsrack shall be returned . The decision of the Director shall be in writing and shall contain findings of fact, a determination of the issues presented, and the amount of the fee, if any, to be imposed as specified by resolution of the City Council.
.070 Notice of Decision and Appeal. Within ten days following the conclusion of the hearing, he Director shall send, by first-class mail, to the registrant, a copy of it's the Director's decision and order. The decision of the Director shall be final ten days from the date of mailing of such decision unless a written appeal to the City Council is filed by the registrant with the City Clerk within such ten-day appeal period. (Ord. 4008 § 2 (part); May 22, 1979; Ord. 5782 § 1 (part); September 25, 2001.)