A. Time to request a hearing.
1. Any recipient of an administrative citation may contest that there was a violation or that he or she is the responsible person, by completing a request for hearing form and returning it to the City within 15 days from the date the administrative citation is served or deemed to have been served, together with an advance deposit of the fine.
2. Such request for hearing forms shall be made available at no charge by the City's Planning, Building and Enforcement Divisions.
3. A failure to file a timely request for hearing shall be deemed a waiver of the right to appeal the citation and to seek judicial review.
B. Dismissal of citation.
1. The City Manager or City Attorney may dismiss an administrative citation at any time if it is determined to have been issued in error, or if such dismissal is determined to be in the furtherance of justice, as determined at the sole discretion of the City Manager or City Attorney.
2. In such event, any deposit made shall be refunded.
3. Also, any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation, or that there was no violation as charged in the administrative citation.
C. Advance deposit hardship waiver.
1. Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fines required may file a request for an advance deposit hardship waiver.
a. The request shall be filed with the Community Development Department on an advance deposit hardship waiver application form, available from the Community Development Department, at the time the responsible person requests a hearing,
b. The responsible person's failure to submit a completed form, with all supporting documents, within 15 days after service of the administrative citation, shall constitute a waiver of the right to receive a hardship waiver.
2. The Community Development Director 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 Director the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. The Director's decision whether to issue a hardship waiver shall be final.
D. Hearing procedure.
1. The City Manager shall establish procedures for the selection of a hearing officer for the administrative citation hearing. Administrative hearing officers shall be selected in a manner that avoids the potential for pecuniary or other bias.
2. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a timely and complete request for hearing form has been submitted, and the fine has been deposited in advance, or a hardship waiver has been timely requested and approved.
3. After receipt of the request for hearing form, and fine deposit or hardship waiver, a hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the request for hearing form is filed in accordance with the provisions of this Section.
a. The person requesting the hearing shall be notified of the time and place set for the hearing by first class mail at least ten days prior to the date of the hearing.
b. The responsible person may request one continuance of the hearing, but in no event may the hearing commence later than 90 days after receipt of the request for hearing form from the responsible person.
c. Further continuances or any continuance that will extend the commencement of the hearing beyond 90 days after receipt of the request for hearing shall be granted at the discretion of the hearing officer and only for good cause.
4. The failure of any recipient of an administrative citation to appear at the hearing shall constitute a forfeiture of the fine and a bar to judicial review of the hearing officer decision, based upon a failure to exhaust administrative remedies.
5. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The hearing officer shall only consider evidence that is relevant to whether the violation occurred, and whether the responsible person has caused or maintained a violation of the municipal code on the date(s) specified in the administrative citation.
6. Each party shall have the opportunity to present evidence in support of that party's case, and to cross-examine witnesses. At an administrative hearing, the City bears the burden of proof to establish a violation of the municipal code, and responsibility therefor, by a preponderance of the evidence.
7. The administrative citation and any additional documents submitted by the issuing enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
8. Upon request, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing enforcement officer when issuing the administrative citation. In addition, if the issuing enforcement officer submits any additional written reports concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of such documentation shall be served by mail on the recipient of the administrative citation.
9. Prior to issuing a written decision, the hearing officer may continue the hearing and request additional information from the issuing enforcement officer or the recipient of the administrative citation.
E. Hearing officer's decision.
1. After considering all of the testimony and evidence submitted at the hearing, the hearing officer may immediately issue a verbal decision.
2. A written decision, including notice of the right to an appeal, shall be issued within ten days of the hearing, and served via first class mail.
a. The written decision shall be deemed to be served on the date the decision is deposited with the United States Postal Service.
b. The written decision shall include the reasons for the decision, and such decision shall be final.
3. If the hearing officer determines the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.
4. If the hearing officer determines the administrative citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine.
F. Collection of unpaid fines.
1. Failure to pay any unpaid administrative fines within 20 days of service of the hearing officer's written decision, or such other time limit set forth in the decision, unless the decision has been challenged by a timely appeal as provided in § 1.02.050, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred.
2. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in § 9.04.060 of this Code.
3. Alternatively, the matter may be referred for collection, which includes, but is not limited to, the filing of a small claims court action.
(Ord. No. 2008-002 § 7 (part))