(A) Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine or penalty as required in § 1.04.007 may file a request for an advance deposit hardship waiver which includes a sworn affidavit as described in division (C) of this section.
(B) The request shall be filed with the Clerk of the Board on an advance deposit hardship waiver application form available from the Clerk of the Board’s office within 30 days of the administration citation. This request will be forwarded to the County Administrative Officer or designee for determination.
(C) The County Administrative Officer may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the Clerk of the Board a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the County Administrative Officer, the person’s actual financial inability to deposit with the county the full amount of the fine in advance of the hearing.
(D) In determining the cited party’s financial ability or inability to deposit the full amount of the penalty in advance, the County Administrative Officer shall consider the amount of the penalty imposed, the income of the cited party, the expenses of the cited party, and any other factors that are reasonably related to the cited party’s ability to deposit the full amount.
(E) The requirement of depositing the full amount of the penalty as described in section shall be stayed unless or until the County Administrative Officer, or his or her designee makes a full determination of whether to issue the advance deposit hardship waiver.
(F) If the County Administrative Officer, or his or her designee, determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the county within ten days of service of that decision.
(G) The County Administrative Officer shall issue a written decision listing the reasons for the determination to issue or not issue the advance deposit hardship waiver. The County Administrative Officer’s written decision shall be final.
(H) The written decision of the County Administrative Officer shall be served upon the person who applied for the advance deposit hardship waiver.
(Ord. 917, § 1(part), 2013)