(A) Time for request. Within seven days of receipt of a notice of imposition of a fine or liability for expenses or notice of revocation of a permit, the user may request a hearing if the user believes the actions of the Superintendent to be incorrect. The request shall be in writing delivered to the Superintendent and shall state the reason that the user disagrees with the determination of the Superintendent.
(B) Upon receipt of a request for hearing, the Superintendent shall take no further steps to revoke the user’s permit nor to collect any fine. However, the fine shall continue for each day of violation that occurs after the request for hearing is received.
(C) Upon receipt of a request for a hearing, the Superintendent shall notify the city and a time and date shall be set for the hearing. A notice shall be served on the user, not less than ten days prior to the hearing, of the time and place of the hearing.
(D) The city may itself conduct the hearing and take the evidence, or may designate a representative to:
(1) Issue in the name of the city notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) Take the evidence; and/or
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city for action thereon.
(E) At any hearing held pursuant to this subchapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore.
(F) After the city has reviewed the evidence, it may issue an order that the decision of the Superintendent is correct, or modifying the decision of the Superintendent. If the city finds the decision of the Superintendent to be wholly or partly correct, it shall direct that the fine be paid or the permit be revoked, as the case may be, within ten days of its order.
(Ord. 95-08, passed 3-7-95; Am. Ord. 11-30, passed 12-13-11; Am. Ord. 13-25, passed 11-12-13)