A. Any responsible party to whom an administrative citation is issued may contest the citation no later than twenty one (21) days from the date of service of the administrative citation by:
1. Completing a request for hearing form and returning it to the town; and
2. Either depositing the administrative fine with the town or providing notice that a request for an advance deposit hardship waiver has been filed.
A request for hearing form may be obtained from the department specified on the administrative citation. The person requesting the hearing shall be notified by certified mail, return receipt requested, of the time and place of the hearing at least ten (10) days before the date of the hearing. Any documentation, other than the administrative citation, which the enforcement official has submitted or will submit to the hearing officer shall be served on the person requesting the hearing by certified mail, return receipt requested, at least five (5) days before the date of the hearing.
B. The town shall set the date and time for the administrative hearing not less than fifteen (15) days nor more than sixty (60) days after the request for hearing form is filed and the administrative fine is deposited with the town. The town shall send notice of the date, time and place of the hearing to the person requesting the hearing by certified mail, return receipt requested, at least ten (10) days before the date of the hearing.
C. The responsible party requesting the hearing may request one continuance, but in no event may the hearing begin later than ninety (90) days after the request for hearing form is filed and the administrative fine is deposited with the town.
D. The director of the department through which the administrative citation was issued, or his designee, shall select an administrative hearing officer. The administrative hearing officer may be, without limitation, a member of the staff of the department through which the administrative citation was issued. In no event, however, shall the enforcement official who issued the administrative citation be the administrative hearing officer.
E. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his case and to cross examine witnesses. The town bears the burden of proof at an administrative hearing to establish a violation of this code. The administrative citation and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use a preponderance of the evidence as the standard of evidence in deciding the issue.
F. If the responsible party fails to attend the scheduled hearing, the hearing will proceed without the responsible party, and he will be deemed to have waived his right to an administrative hearing. Notwithstanding, if service of the administrative citation is made by posting the citation on real property within the town in which the responsible party has a legal interest, and the responsible party provides verifiable and substantial evidence that removal of the administrative citation from the property by a third person caused the responsible party's failure to attend the scheduled hearing, the responsible party shall be entitled to an administrative hearing.
G. No later than thirty (30) days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. The administrative hearing officer shall set forth the reasons for the decision. The decision shall be served upon the responsible party. If the administrative hearing officer upholds the administrative citation, the town shall retain the fine deposited by the responsible party. If the administrative hearing officer cancels the administrative citation, the fine deposited with the town shall be promptly refunded. The administrative hearing officer's written decision is final and shall notify the responsible party of his right to appeal as provided herein.
H. The town may collect any past due administrative fines by use of any available legal means. (Ord. 97, 11-5-1998)