(A) No later than 30 days after the date on which the administrative hearing concludes, or in the case of a hearing by written declaration, no later than 60 days after the written declaration is submitted, the Hearing Officer shall issue a written decision to uphold or dismiss the contested administrative citation. If upheld, the administrative fines shall be due in the time set forth in the written decision but no later than 60 days from the date of the decision. The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to this chapter. The Hearing Officer’s decision shall be final. The decision shall be served by first class mail and shall be deemed to be served on the date the decision is deposited with the United States postal service. The failure to receive a properly addressed decision shall not invalidate the administrative citation, compliance order or the administrative hearing officer’s decision.
(B) If the Hearing Officer determines that an administrative citation should be dismissed, the city shall retain the authority to issue additional administrative citations for additional violations, or to take any other enforcement action authorized by law.
(C) With regard to a compliance order, the Hearing Officer’s written decision shall be entitled “administrative order.” The Hearing Officer shall make findings within the administrative order regarding the existence of the violation(s) specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the compliance order. If the Hearing Officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. In addition, the administrative order shall impose administrative fines and costs as provided for in this chapter. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the Hearing Officer determines that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be dismissed.
(Ord. 1679, passed 9-16-15)