(a) Reconsideration.
(1) Any person subject to: a denial of a permit issued under this chapter; a compliance order; a stop work order; an emergency suspension of utility service; or any other enforcement action in this chapter which allows for reconsideration and hearing under this section, may petition the director who took such action to reconsider the basis for the action. In order for the petition to be considered, it shall be filed with such director no later than the tenth day after receipt of the notice/order.
(2) Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or reviews of the action.
(3) In its petition, the petitioner shall indicate the provisions of the action objected to, and the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner’s view of the facts, any alternative terms of an order that the petitioner would accept, and whether the petitioner requests a hearing on its petition.
(4) The effect of a compliance order or stop work order shall be stayed pending the director’s reconsideration of the petition, and any hearing thereon, unless the director expressly makes a written determination to the contrary. The effect of an emergency suspension of utilities shall not be stayed pending the director’s reconsideration or any hearing, unless the director expressly and in writing stays the emergency order.
(5) Within a reasonable time of the submittal of a petition for reconsideration, the director shall either grant the petition and withdraw or modify the order or modify or grant the permit accordingly; deny the petition if no material issue of fact is raised; or if a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition.
(b) Hearings.
(1) A director may also set a hearing if the director determines that a show cause hearing should be conducted, if grounds exist to revoke or suspend a permit issued under this chapter, or if grounds exist to terminate utilities on a nonemergency basis.
(2) Written notice of the hearing shall be served on the petitioner/violator at least ten days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested.
(3) Notice shall specify the date, time and place of the hearing.
(4) Notice that is mailed shall be deemed received five days after it is placed in a mail receptacle of the United States postal service.
(5) No decision may be rendered at a hearing by reason of the petitioner/violator’s failure to appear unless proof of actual service is shown.
(6) For purposes of this section, a director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.
(7) Whenever any deadline specified in this section falls upon a Saturday, Sunday or a city- recognized holiday, the deadline shall be the next regular city business day.
(8) The date of an order or ruling required to be made under this section shall be deemed to be the date it is signed.
(9) Decisions shall be based on a preponderance of the evidence. The city shall have the burden of proof in all hearings except permit denial hearings. In permit denial hearings the burden of proof shall be on the petitioner.
(10) The director shall act as the hearings officer.
(11) After the conclusion of the hearing, the director shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay.
(12) A hearing shall exhaust all administrative remedies of the petitioner/violator.
(Ord. 12274, § 1, passed 11-28-1995)