(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 submitted and the fine has been deposited in advance or waived under provisions of § 1.61.085
.
(B) A hearing before the Hearing Officer shall be set for a date that is not less than 15 working days and not more than 60 working days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten working days prior to the date of the hearing.
(C) The Enforcement Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, on the date(s) specified in the administrative 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 failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
(F) The administrative citation and any additional documents submitted by the Enforcement Officer shall constitute prima facia evidence of the respective facts contained in those documents.
(G) 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 also shall be served by mail on the person requesting the hearing at least five working days prior to the date of the hearing. At least ten working 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. No other discovery is permitted. Formal rules of evidence 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.
(1995 Code, § 1.61.090) (Ord. 14-04, passed 10-21-2014; Ord. 04-1953, passed - -2004)