1.09.070  Appeal of administrative citation.
   A.   Any person who has been issued an administrative citation shall be entitled to appeal it by filing a notice of appeal with the responsible department as indicated on the administrative citation. The appeal shall be in writing, signed by the person making the appeal and shall specify the basis for the appeal. The notice of appeal shall be filed within ten (10) calendar days after issuance of the administrative citation. If the last day to file an appeal falls on a weekend or a day City Hall is closed, then the deadline shall be extended until close of business on the next regular business day.
   B.   Upon receipt of a written notice of appeal, or as soon as practical thereafter, the responsible department shall review the administrative citation and, if it is found to be complete and in conformance with the requirements of this chapter, shall fix a date, time and place for hearing the administrative appeal before an Administrative Hearing Officer. Written notice of the time and place for hearing the administrative appeal shall be served on the party protesting the administrative citation and by any other person who received notice of the citation, by any one (1) of the following means:
      1.   Personal service;
      2.   First class mail; or
      3.   Posting the notice of hearing conspicuously on or in front of the real property upon which the violation is located.
   C.   Service of the notice of administrative hearing by first class postage pre-paid shall be deemed complete on the date of mailing. The failure of any person with an interest in the proceedings to receive a properly addressed notice of the administrative hearing shall not affect the validity of any proceedings under this chapter.
   D.   Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of that person's rights to administrative determination of the merits of the administrative citation and the amount of the penalty.
(Ord. 791-2010 (part), 2010)