(A) (1) A proceeding before a Hearing Officer shall be instituted upon the filing with the Adjudication Hearing Administrator of a written sworn pleading, complaint or citation by any authorized official of the city, including police officers, code enforcement officers, and such other employees as authorized.
(2) In the event a complaint causing the initiation of a hearing is filed by a tenant or occupant of a dwelling who is not also the owner thereof, no action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding, whether it be civil or criminal, shall be threatened or instituted against the tenant or occupant solely because the tenant or occupant files the complaint or agrees to testify or present tangible evidence at an administrative adjudication hearing. The foregoing sentence shall not apply if the owner proves by a preponderance of the evidence that the tenant or occupant is the proximate cause of the violation for which the hearing is commenced.
(B) Respondents shall be served with a copy of the written sworn pleading, complaint or citation along with a notice of hearing in a manner reasonably calculated to give them actual notice of the proceeding instituted against them, by one or more of the following means:
(1) Personal service upon a party or its authorized agent;
(2) Service by certified mail, return receipt requested;
(3) Service by first class mail, postage prepaid; or
(4) If the applicable violation relates to the condition, operation or location of a motor vehicle, by posting a copy of the sworn pleading, complaint or citation in a conspicuous place upon the property or motor vehicle where the violation is found.
(5) Any notice presented by first class or certified mail, or by posting, shall be deemed served three days after the deposit of the notice in the U.S. mail or the posting of the notice.
(C) Notices of hearing shall include:
(1) The type and nature of the ordinance violation to be adjudicated, including a citation to the appropriate section of the code;
(2) The date and time of the administrative adjudication hearing;
(3) The legal authority and jurisdiction under which the hearing is to be held;
(4) The applicable fines, late payment fees and penalties for failure to appear at the hearing;
(5) Any witnesses or complainants who may be called to testify for the city who are not employees or officers thereof; and
(6) An explanation that payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation.
(D) Administrative adjudication hearings shall be scheduled and docketed by the Adjudication Hearing Administrator not less than 15 nor more than 30 days after the notice of hearing is served on the respondent.
(Ord. 2007-03-0090O, passed 3-27-2007)