A. No appeal hearing before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted, and the fine has been deposited in advance.
B. 1. An appeal hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed, in accordance with the provisions of § 11.01.630.
2. The person requesting the hearing shall be served by mail a written notice of the time and place set for the hearing, at least fifteen (15) days prior to the date of the hearing..
C. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred, and whether the responsible person has caused or maintained the violations(s) on the date(s) specified in the order to comply.
D. The recipient of the order to comply shall be given the opportunity to testify and to present witnesses and evidence concerning the order to comply.
E. The failure of the recipient of the order to comply to appear at the appeal hearing shall constitute a forfeiture of the fine deposit and a failure to exhaust administrative remedies concerning the violation(s).
F. The order to comply and any additional documents submitted by the enforcement officer concerning the Code violation(s) shall constitute prima facie evidence of the Code violations(s) and the facts stated in such documents.
G. At least fifteen (15) days prior to the hearing, the recipient of an order to comply shall be served by mail with copies of the order to comply, reports and other documents relied upon or submitted to the hearing officer by the enforcement officer.
1. No other discovery is permitted.
2. Legal rules of evidence shall not apply.
H. Prior to issuing a written decision, the hearing officer may continue the appeal hearing and request additional information from the enforcement officer or the recipient of the order to comply.
(Ord. No. 2003-010 § 1 (part))