1-4A-32: REQUEST FOR HEARING AND FEE; NOTICE OF DENIAL OF HEARING BASED ON UNTIMELY APPEAL:
The request for hearing shall be filed with the city clerk on a form provided by the city clerk and shall include reference to the notice which is being appealed, shall state all of the grounds for the appeal, and shall be accompanied by payment of: a) an amount not to exceed five hundred dollars ($500.00) as security for payment of the proposed administrative sanction; and b) a hearing fee. The city clerk shall not accept any request for hearing unless it is accompanied by the hearing fee and the required security for administrative sanction. The amount of the hearing fee shall be established from time to time by resolution of the city council. The amount of the security for the administrative sanction shall be the amount of the maximum sanction specified in the notice of violation, or five hundred dollars ($500.00), whichever is less. If the city clerk determines that the request for a hearing is untimely, the city clerk shall advise the responsible person of that determination in writing and shall mail a notice of denial of hearing based on untimely appeal to the responsible person by first class mail. The responsible person shall then have the right to judicial review of that determination as provided for in sections 1-4A-60 through 1-4A-62 of this chapter. Upon a showing of good cause for the delay in filing a request for hearing, the city clerk may refer the issue of the right to an appeal to an administrative hearing pursuant to the procedures set forth in this chapter. The hearing officer shall determine whether there was good cause for the delay in filing the request for hearing before proceeding to the merits of the appeal. (Ord. 1572, 4-24-2001)