§ 1.10.120. Administrative Citation Appeal Hearing.  


Latest version.
  • A. A hearing before the Hearing Officer shall be set for a date that is not less than 15 business days and not more than 60 calendar days from the date that a notice of hearing was issued, unless the enforcement officer determines that the matter is urgent and needs to be heard sooner or that good cause exists for an extension of time.
    B. No hearing to contest an administrative citation shall be held unless the fine set forth in § 1.10.060 has been deposited in advance or an advance deposit hardship waiver application has been filed with and accepted by the city pursuant to § 1.10.100.
    C. The hearing serves to provide the full opportunity of a person subject to an administrative citation to object to the determination that a violation has occurred and/or that the violation has continued to exist.
    D. The Hearing Officer shall consider any written or oral evidence submitted that is relevant to the matter. Formal rules of evidence do not apply. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. All hearings shall be open and public.
    E. The failure of any person subject to or the recipient of any administrative citation to appear at the hearing shall constitute a waiver of any objections to the imposition of a fine or other appropriate remedy imposed by the Hearing Officer, and a failure to exhaust administrative remedies.
    F. The Hearing Officer may continue the hearing and request additional information from the enforcement officer or the person(s) accused of a violation prior to issuing a written decision. (Ord. 20-2203, § 4, 2020)