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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))
A. 1. Within ten (10) days after the hearing, after considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the order to comply and shall list in the decision the reasons for that decision.
2. The decision of the hearing officer shall be final.
B. If the hearing officer determines that the order to comply should be upheld, the fine amount on deposit with the City shall be retained by the City.
C. If the hearing officer determines that the order to comply should be canceled and the fine was deposited with the City, then the City shall refund the amount of the deposited fine within fifteen (15) days.
D. The recipient of the order to comply shall be served by mail with a copy of hearing officer's written decision within fifteen (15) days of the date of issuance of the decision.
(Ord. No. 2003-010 § 1 (part))
A. The failure of any person to pay the administrative fines imposed by an order to comply within the time period set forth in the order to comply may result in the matter being referred to the Tax Collector to file a claim with the small claims court.
B. Alternatively, the City may pursue any other legal remedy to collect the civil fines.
(Ord. No. 2003-010 § 1 (part))
Any person aggrieved by the decision of the hearing officer on an order to comply may obtain review of the hearing officer's decision, by filing a petition for review with the Los Angeles County Superior Court, in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4.
(Ord. No. 2003-010 § 1 (part))
A. The order to comply and all notices required by this Subchapter shall be served on the responsible person, in accordance with the provisions of this Subchapter.
B. Failure to receive notice specified in this Subchapter does not affect the validity of proceedings conducted hereunder.
(Ord. No. 2003-010 § 1 (part))