(A) A person that received an administrative citation may request a preliminary review. Such request must be made within seven calendar days of the date that the administrative citation is issued, or prior to the due date specified on the administrative citation, which ever is earlier. Failure to request a preliminary review before the deadline constitutes a waiver of any preliminary review.
(B) A request for a preliminary review shall be made in writing and filed with the Town Clerk and shall include all information that the responsible person desires the preliminary reviewing authority to consider in his or her preliminary review of the citation. A request for preliminary review may include a request for waiver of the fine deposit. A responsible person requesting a waiver of fine deposit bears the burden to establish by substantial evidence, including sworn affidavit, that he or she is unable to deposit the fine imposed by the administrative citation.
(C) The preliminary review shall be conducted by the preliminary reviewing authority.
(D) The preliminary review shall include a review of the notice of violation, the administrative citation, the written request for a preliminary review, and any evidence the responsible person may submit with the written request.
(E) The cited person shall be notified of the results of the preliminary review within seven calendar days of filing a written request for preliminary review. The decision on a preliminary review is not a final disposition and therefore is not subject to judicial review.
(F) A request for preliminary review shall not extend any time period for compliance, the due date of any fine imposed, or the time to request an administrative hearing.
(G) If the preliminary reviewing authority concludes that no code violation occurred or that the responsible person was not responsible for the code violation, then he or she shall dismiss the notice of violation and/or administrative citation, without prejudice to the issuance of a further notice of violation and/or administrative citation should additional evidence be developed.
(H) The preliminary reviewing authority shall also rule whether the responsible person qualifies for waiver of the fine deposit, if such a request has been made.
(Ord. 745, passed 9-2-2009)