(A) An in-person hearing before the Hearing Officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for an in-person hearing is filed in accordance with the provisions of this chapter.
(B) If the person contesting the administrative citation fails to attend the scheduled hearing, the hearing will proceed and the person will be deemed to have waived the right to an administrative hearing to contest the administrative fines and fees, and shall constitute a failure to exhaust their administrative remedies.
(C) If an in-person hearing is requested, the Hearing Officer may continue the hearing and request additional information from the enforcement official or the recipient of the administrative citation prior to issuing a written decision.
2017 S-24
(D) If a hearing by written declaration is requested, the Hearing Officer shall review the requestor's written declaration and the enforcement official’s report and issue a written decision within 60 days from the date the hearing by written declaration is requested.
(E) Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party’s case and to cross examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this code. The administrative citation and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of review in deciding the issues
(Ord. 1679, passed 9-16-15)