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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).
Within twenty days after service of the decision of the administrative hearing officer upon the responsible person, the responsible person may seek de novo review of the decision by filing a notice of appeal with the Los Angeles Superior Court. The responsible person shall serve upon the city clerk, either in person or by registered mail, a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed. (Ord. 629, § 2, 2009).
The responsible person seeking review of an administrative order must pay a fee of twenty-five dollars, or such other fee as may be established, to the Los Angeles Superior Court. In the event that the court finds in favor of the responsible person, the city will refund this fee to the responsible person. (Ord. 629, § 2, 2009).
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