Appeals shall follow the procedures set forth below:
(A) Any responsible party issued an administrative citation may contest the validity of the violations found in the administrative citation by filing an appeal with the office of the city manager on a City-approved hearing request form within twenty (20) days from the date of service of the administrative citation setting forth the grounds for the challenge to the validity of the violations found in the administrative citation. The request may be for an in-person hearing or a hearing by written declaration.
(B) If an in-person hearing is requested, the City shall set the date and time for the administrative hearing before an assigned neutral hearing officer. The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least ten (10) days prior to the date of the administrative hearing.
(C) If a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission to the office of the city manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the validity of the violations found in the administrative citation and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.
(D) The enforcement officer and/or relevant city departments may submit a written report concerning the validity of the violations found in the administrative citation to the hearing officer for consideration. If an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and responsible party who sought the appeal. If a hearing by written declaration is requested, then the report may be submitted to the hearing officer within thirty (30) days of the hearing request and served upon the hearing officer and responsible party who sought the appeal.
(E) Failure by any responsible party to timely and properly appeal an administrative citation as provided in this section shall constitute an admission by the responsible party to the existence of the cited violations, an admission by the responsible party to that party's liability for the cited violations, a waiver of the responsible party's right to contest the administrative citation, and a failure by the responsible party to exhaust that party's administrative remedies. The administrative citation along with any imposed fines shall be deemed final if no timely or proper appeal is made, and any such imposed fines shall be immediately payable.
(F) If a responsible party to which an administrative citation is issued fails to timely and properly appeal an administrative citation in accordance with this section, the City may withhold permits, licenses, and other approvals related to the property upon which a violation of this code exists until the cited violations are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.
(G) Upon the timely and proper appeal of an administrative citation, the administrative fines assessed in connection with that administrative citation shall be stayed pending the decision on the appeal. (Ord. 852-23, 7-18-2023)