(a) After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and the reasons for that decision. The decision of the hearing officer shall be issued within thirty days following completion of the hearing. The decision of the hearing officer shall be final upon service on the responsible party, subject only to judicial review as allowed by law.
(b) The hearing officer shall consider any written or oral evidence submitted at the hearing consistent with ascertainment of the facts regarding the violation and compliance with the order.
(c) Within the time specified in subsection (a) of this Section 1.12.100, the hearing officer shall make findings and issue a decision regarding:
(1) The existence of the violation;
(2) The extent of compliance, if any.
(d) The hearing officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.
(e) If the hearing officer determines from a preponderance of the evidence that the contestant committed the violation charged in the administrative citation, then so much of the amount of the administrative penalty as is assessed by the hearing officer shall become final (subject only to appellate remedies provided below) and shall become a debt to the city collectable through the processes provided herein. If only a portion of the administrative penalty assessed by the hearing officer was deposited prior to hearing, the balance shall be paid to the city through its revenue collections official within thirty calendar days from the date the hearing officer’s written decision is served on the responsible party. The hearing officer may alternatively set forth in the decision a payment schedule for the administrative penalty as well as for payment of any administrative costs assessed by the hearing officer.
(f) If the hearing officer determines that the administrative citation should be upheld and the administrative penalty has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the administrative penalty as well as for payment of any administrative costs assessed by the hearing officer.
(g) If the hearing officer determines that the administrative citation should not be sustained, then the hearing officer shall issue a decision canceling the administrative citation, and if the administrative penalty or portion thereof was deposited with the city, then the city shall promptly refund the deposited amount, together with interest at the average rate earned on the city's portfolio for the period of time that the deposited amount was held by the city.
(h) The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision within ten calendar days following its issuance.
(i) The employment, performance evaluation, compensation, and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the hearing officer.
(Ord. 5491 § 5, 2020: Ord. 4572 § 2 (part), 1999)