A. The City will not deem a Request for Hearing to contest an Administrative Citation before a Hearing Officer complete until the Responsible Party files a Request for Hearing form with the Code Enforcement Division within fifteen calendar days from service and the Responsible Party has either deposited the fine in full or the City has granted an Advance Deposit Hardship Waiver. The City shall set a date for a hearing before the Hearing Officer not less than fifteen nor more than sixty days from the date of a completed Request for Hearing. The City shall notify the person requesting the hearing of the time and place for the hearing at least ten business days prior to the hearing date.
B. The Hearing Officer shall only consider evidence relevant to whether the violation(s) occurred and whether the appellant is a Responsible Person as defined in this chapter.
C. The person contesting the Administrative Citation shall have the opportunity to testify and present witnesses and relevant evidence concerning the charges set forth in the Administrative Citation.
D. The failure of the person contesting the Administrative Citation to appear at the Administrative Citation hearing shall constitute a forfeiture of any fines paid and a failure to exhaust their administrative remedies.
E. The Administrative Citation and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.
F. Neither the Enforcement Officer nor any other representative of the City shall be required to attend the hearing nor shall the Hearing Officer require submittal of any evidence, other than the citation, that may exist among the public records of the City on the violation. However, the Enforcement Officer or any City employee or agent has the discretion to make such appearance and/or submission.
G. The Enforcement Officer must provide a copy of any additional records concerning the Administrative Citation submitted to the Hearing Officer for consideration at the hearing to the person requesting the hearing at least ten days prior to the date of the hearing. No other discovery is permitted, although formal rules of evidence shall not apply.
H. The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the Administrative Citation prior to issuing a written decision.
(Ord. 3329 § 1, 2024; Ord. 3273, § 1, 2019)