A. Any person wishing to appeal a citation issued under this chapter may request, in writing, a hearing before the City Council, or any panel or hearing officer that may be designated by the City Council for such hearings. The request for hearing shall be filed with the office of the city manager within ten (10) days from the date of service of the citation. An address for providing notice of the hearing and decision shall be included with the written request.
B. As soon as practicable after receiving the written request for hearing, the city clerk shall fix a date, time and place for the hearing, which shall not be less than five (5) days nor more than thirty (30) days from the date the appeal was filed with the city manager. If presided over by the city council, the hearing shall be noticed as a special meeting. Written notice of the time and place of the hearing shall be given at least five (5) days prior to the date of the hearing to the party contesting the citation either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the person cited at the address shown on the request for hearing.
C. The citation and any additional report submitted by the citing officer or city manager shall constitute prima facie evidence of the respective facts contained in those documents. The city manager, or his or her designee, may provide additional evidence and testimony at the hearing.
D. At the hearing, the person cited shall be given the opportunity to testify and to present evidence concerning the citation. In lieu of appearance, the person cited may file a written declaration with the city clerk, signed under penalty of perjury, at least two (2) working days prior to the hearing date. A failure to file a written declaration before the hearing or personally attend the hearing shall be considered a non-appearance. Non-appearance by the person cited shall result in dismissal of the appeal.
E. The City Council, or panel or hearing officer designated by the City Council, shall conduct the hearing and may uphold or overrule the citation, or make a determination regarding a decision to charge the citation as an infraction or misdemeanor , through a written decision prepared by the city manager or his/her designee and approved by the city attorney. The written decision shall be served by the city clerk within ten (10) working days after the hearing. The written decision shall be final and conclusive. (Ord. 2013-01 § 2, 2013)