Sec. 1-5.08. Hearing procedure.

   (a)   The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

   (b)   No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with § 1-5.06(f) or an advance deposit hardship waiver has been issued in accordance with § 1-5.12.

   (c)   A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than fifty (50) days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

   (d)   If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five (5) days prior to the date of this hearing.

   (e)   At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

   (f)   The failure of the recipient of an administrative citation to appear at the administrative citation hearing shall constitute forfeiture of the fine and a failure to exhaust his/her administrative remedies.

   (g)   The administrative citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

   (h)   The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision.

   (i)   The Hearing Officer is not required to provide transcriptions of hearings, but is required to make available tapes of hearings for a fee.

(Ord. 2628, eff. March 6, 1997)