A. After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer may announce the decision orally, but in any event shall issue a written order to uphold, modify, condition or cancel the administrative citation. If the hearing officer determines that first amendment rights are involved, the decision shall be read orally at the conclusion of the hearing. The administrative hearing officer shall list the reasons supporting the decision. The decision of the administrative hearing officer shall be final.
B. The administrative hearing officer shall issue the written order within ten (10) working days after the hearing. Any party may submit a proposed order for the administrative hearing officer's consideration. The order shall be served by regular mail, and shall be effective from the date it is mailed.
C. If the citation is upheld in full, the city shall retain the fine deposit. If the citation is dismissed, or if the amount of the fine is reduced, the city shall refund the appropriate amount within thirty (30) days of the order.
D. The administrative hearing officer shall not have the power to reduce the fine. The administrative hearing officer may impose conditions and deadlines to correct violations, and require the payment of any outstanding fines, costs and penalties, within a period not to exceed thirty (30) days.
E. The administrative hearing officer may assess administrative costs incurred by the city in addition to fines imposed, including hearing costs.
F. Any person who violates any provision of the order shall be guilty of a misdemeanor or infraction, as determined by, and in the prosecutorial discretion of, the city attorney.
G. At any time prior to or during the hearing, the city attorney may exercise prosecutorial discretion to reach a plan agreement or compromise with the responsible party or to dismiss any action.
H. If the violation is corrected in a reasonable time after the date of the administrative citation or the decision of the administrative hearing officer, as applicable, the city manager or his or her designee shall have the discretion to revise any cumulative fines to a total of not less than one thousand dollars ($1,000.00) upon good cause shown by the responsible person. The determination of the city manager, or designee, shall be final and not subject to appeal or judicial review. Fines shall not otherwise be reduced. (Ord. 2799, 2013: Ord. 2792, 2013)