A. Any responsible person who requests an administrative hearing and who is financially unable to deposit the administrative fine as provided in this chapter may file a request for an advance deposit hardship waiver. The request shall be filed with the City Clerk on an advance deposit hardship waiver application form, available from the City Clerk, no later than twenty (20) days after service of the administrative citation. The responsible person’s failure to file a completed form, with all supporting documents, within twenty (20) days after service of the administrative citation shall constitute a waiver of the right to receive a hardship waiver. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the City Clerk’s office or a City Clerk-file stamped copy in possession of the responsible party shall control.
B. The City Manager may issue an advance deposit hardship waiver only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the City Manager, the person’s financial inability to deposit with the city the full amount of the fine in advance of the hearing. The City Manager shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by registered mail. The decision shall be deemed served on the date of mailing. If the City Manager determines that the waiver is not warranted, the person shall remit the full amount of the fine to the City Clerk within ten (10) days of service of the City Manager’s written decision. The City Manager’s decision whether to issue a hardship waiver shall be final.
(Ord. 1151, passed 3-1-11)