A. Any Responsible Party may contest the Administrative Civil Penalties Notice and Order by completing a Request for Administrative Hearing Form and returning it to the City Clerk within fifteen (15) days from the date the Administrative Civil Penalties Notice and Order was served. The Request for Administrative Hearing must also include payment to the City Clerk of the appeal fee, as established or amended from time to time by resolution of the City Council. The City Manager, or his/her designee, shall then send a copy of the Request for Administrative Hearing Form to the Enforcement Officer and the City Attorney, and assign an Administrative Hearing Officer and schedule a date, time and place for the hearing.
B. The hearing before the Administrative Hearing Officer shall be set not less than fifteen (15) days and not more than sixty (60) days from the date that the Request for Administrative Hearing Form is filed with the City Clerk unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the Administrative Hearing Officer.
C. Written notice of the date, time and place of the hearing shall be served at least 10 calendar days prior to the date of the hearing on the Responsible Party, the Enforcement Officer, and the City Attorney.
D. The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the City Manager.
E. The notice of hearing shall be served by any of the methods of service listed in Section 9.93.035 of this Chapter.
F. A failure to file a timely Request for Administrative Hearing shall be deemed a waiver of the right to a hearing on the Administrative Civil Penalties Notice and Order and a failure to exhaust administrative remedies.
(Ord. MC-1553, 2-17-21)