(A) No hearing to contest an administrative citation before a hearing officer shall be held unless and until a Request for Hearing form has been completed and timely submitted, and the fine for the citation has been deposited in advance.
(B) A hearing before the Hearing Officer shall be set for a date that is not less than 15 calendar days but not more than 90 calendar days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.
(C) The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) of the Municipal Code, or any code adopted by references by the City Council, on the date(s) specified in the administration citation.
(D) The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.
(E) The administrative citation and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.
(F) If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be served by mail on the responsible person requesting the hearing at least ten calendar days prior to the date of the hearing.
(G) At least ten calendar days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the Enforcement Officer. Personal information regarding a reporting party, if any, shall not be disclosed. No other discovery is permitted. Formal rules of the California Evidence Code and discovery shall not apply.
(H) The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision.
(I) The failure of any recipient of an administrative citation to appear at the administration citation hearing shall constitute an admission of the violation and a failure to exhaust administrative remedies, and shall result in forfeiture of the deposited fines.
(Ord. 569-C.S., passed 7-17-07)