A. Any person receiving a notice, or any person who is subject to any adverse determination made pursuant to this chapter, may appeal the matter by requesting an administrative hearing as set forth below. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter.
B. Any person appealing a notice or an adverse determination shall, within ten days of receipt thereof, file a written request for an administrative hearing with the Office of the City Clerk, accompanied by an administrative hearing fee as established by separate resolution. A copy of the request for administrative hearing shall also be mailed on the date of filing to the Hearing Officer. Thereafter, a hearing on the matter shall also be held before the Hearing Officer within thirty business days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.
C. The Hearing Officer shall receive all relevant information and evidence pertaining to the violation(s), or noncompliance with any of the provisions of this chapter. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The decision of the Hearing Officer shall be issued within ten business days of the conclusion of the hearing and shall be delivered by first class mail, postage prepaid, to the appealing party. The decision of the Hearing Officer may include an order to the owner to remove the newsrack within ten working days of the mailing date of the decision, if the Hearing Officer determines there is a violation of this chapter. If a notice of appeal is not filed within ten days from the date of delivery, the Hearing Officer, or his/her designee, may thereafter impound such news-rack without further notice to the owner.
Notwithstanding the above, the decision of the Hearing Officer in any proceeding determining the validity of a summary abatement shall be mailed within five business days following the conclusion of the hearing. However, all other provisions in this chapter regarding appeal procedures shall apply to summary abatements. (Ord. 2919 § 1 (part), 1997).