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The fine imposed pursuant to this chapter for a particular violation and for any subsequent violation of the same code section, shall be in the amount set forth in the bail schedule established by resolution of the city council. The administrative fine shall be paid to the city clerk within twenty days from the date of service of the administrative citation. If, after a hearing requested pursuant to this chapter, the hearing officer determines that the administrative citation should be cancelled, the administrative fine shall be refunded in accordance with the provisions of this chapter. (Ord. 629, § 2, 2009).
(a) Any responsible person to whom an administrative citation is issued may contest the citation by:
(1) Completing a request for hearing form and returning it to the city clerk; and
(2) Either depositing the administrative fine with the city clerk or providing notice that a request for an advance deposit hardship waiver has been filed pursuant to this chapter. A request for hearing form may be obtained from the city clerk.
(b) Any responsible person desiring an administrative hearing shall file with the city clerk a completed request for hearing form and the administrative fine or completed hardship waiver form pursuant to this chapter within twenty days from the date of service of the administrative citation. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the city clerk's office or a city clerk-file stamped copy in the possession of the responsible party shall control. The responsible person's failure to file the request for hearing form and the fine or hardship waiver form within twenty days of the date of service of the administrative citation shall constitute a waiver of the right to a hearing.
(c) The person requesting the hearing shall be notified by registered mail of the time and place of the hearing at least ten days before the date of the hearing. Any documentation, other than the administrative citation the citing official has submitted or will submit to the hearing officer, shall be served on the person requesting the hearing by registered mail at least five days before the date of the hearing. (Ord. 629, § 2, 2009).
(a) Any responsible person who requests an administrative hearing and who is financially unable to deposit the administrative fine as provided in this chapter may file a request for an advance deposit hardship waiver. The request shall be filed with the city clerk on an advance deposit hardship waiver application form, available from the city clerk, no later than twenty days after service of the administrative citation. The responsible person's failure to file a completed form, with all supporting documents, within twenty days after service of the administrative citation shall constitute a waiver of the right to receive a hardship waiver. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the city clerk's office or a city clerk-file stamped copy in possession of the responsible party shall control.
(b) The city manager may issue an advance deposit hardship waiver only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the city manager, the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing. The city manager shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by registered mail. The decision shall be deemed served on the date of mailing. If the city manager determines that the waiver is not warranted, the person shall remit the full amount of the fine to the city clerk within ten days of service of the city manager's written decision. The City manager's decision whether to issue a hardship waiver shall be final. (Ord. 629, § 2, 2009).
Only after a request for hearing form is received by the city clerk within the required period, and the responsible person requesting the hearing has either deposited the administrative fine in full or obtained an advance deposit hardship waiver (hereinafter a "perfected appeal"), shall the city set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen days nor more than sixty days after an appeal becomes a perfected appeal. The city shall send notice of the date, time, and place of the hearing to the person requesting the hearing by registered mail at least ten days before the date of the hearing. (Ord. 629, § 2, 2009).
The responsible person requesting a hearing may request one continuance, and the city may continue the hearing on its own initiative, but in no event shall the hearing begin later than ninety days after the date the appeal becomes a perfected appeal. (Ord. 629, § 2, 2009).
The city manager shall establish procedures for the selection of administrative hearing officers. In no event, however, shall the same person who issued the administrative citation or any person who has been "adverse" to the recipient of the citation in any other legal or administrative proceeding, be the administrative hearing officer. (Ord. 629, § 2, 2009).
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 the municipal code. Administrative citations, compliance orders and any additional reports submitted by the citing 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. 629, § 2, 2009).
The administrative hearing officer shall issue a written decision entitled "administrative order" no later than thirty days after the date on which the administrative hearing concludes. The administrative order shall include the administrative hearing officer's written decision to uphold or cancel the administrative citation. The decision shall set forth the reasons for the decision. If the administrative hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. If the administrative hearing officer upholds the administrative citation and the fine has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall specify in the decision a payment schedule for the fine. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded. The administrative order shall be served upon the responsible person by registered mail. Service shall be deemed effective on the date of mailing. The administrative order shall become final on the date of service, and shall notify the responsible person of the right to appeal as provided in this chapter. (Ord. 629, § 2, 2009).
Any person who fails to pay to the city, on or before the due date, any administrative fine imposed pursuant to the provisions of this chapter, shall be liable for the payment of the applicable late payment charges as follows:
(a) For payments received within thirty days after the due date, a late fee in the amount of fifty percent of administrative fine due;
(b) For payments received more than thirty days after the due date, a late fee in the amount of fifty percent of administrative fine due, plus an additional ten percent of the overdue administrative fine for each month the payment is overdue. The maximum late fee shall be one hundred percent of the overdue administrative fine. (Ord. 629, § 2, 2009).
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