(A) Any person contesting an administrative offense pursuant to this chapter may, within ten days after the issuance of the administrative citation, request a hearing, except for those persons who requested an extension as indicated in § 91.22(E).
(B) When requesting a hearing, the request must be in writing, addressed to the city's Chief of Police, and executed by the property owner, tenant, person cited, or person with an ownership interest in the property. It must minimally state the location involved, date, and type of offense, the name and contact information of that person, that person's relationship to the property involved, the property owner's current name and contact information, and a brief statement why the hearing is being requested. In cases where a non-owner tenant is seeking a hearing, and where action is required to bring the property into compliance, the property owner will be notified and should be present during any hearing to represent their interest and responsibilities. The city is not required to hold more than one hearing per property for same or similar offenses. Failure to bring a property into compliance will result in potential criminal, civil or abatement action being taken against both the property owner and the tenant.
(C) The city may designate certain days when administrative hearings will be held, but hearings should be conducted within 90 days from the time of request if not sooner. The city may at any time, dismiss an administrative citation and issue a criminal citation if it is believed this is a better course of action to gain compliance.
(D) A Hearing Officer shall conduct an informal hearing to determine if a violation has occurred. The Hearing Officer shall have the authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the Hearing Officer, the person(s) found responsible shall pay the penalty imposed and a library fee equal to the cost of the hearing within 30 days of the date of the decision or within the time specified by the Hearing Officer. If the case involves real property and code violations requiring attention, the property shall also be brought into compliance by the date specified by the Hearing Officer. Both the property owner and tenant may be held responsible for this.
(E) The Hearing Officer shall be a neutral third party appointed by the City Council. The Hearing Officer is authorized to hear and determine any controversy relating to administrative offenses of the city code.
(Ord. 300, passed 6-7-2022)