§ 1.18.090. Administrative review and hearing.

A.

Initial Administrative Review-Request. The citee may request an initial administrative review of the citation within fifteen (15) days of its issuance by submitting a request to the City Clerk. This request must be made in writing and set forth with particularity the reasons the citee believes a violation did not occur or that the citee was not responsible for the violation(s); must include a copy of the citation; and contain the address to which the conclusions of the city's review should be mailed. A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing.

B.

Initial Administrative Review-Procedure. The City Clerk will forward the initial administrative review request to the department director supervising the enforcement officer who issued the administrative citation for review.

C.

Initial Administrative Review-Decision.

1.

Within fifteen (15) days upon receiving the request, the department director will review the request and provide the City Clerk with written notification that:

a.

The citation should be vacated because there was no violation, or the citee was not responsible for the violation, and setting forth the basis for that conclusion; or

b.

There is no justification found for vacating the citation.

2.

The City Clerk will mail a copy of the decision to the citee at the address on the request for initial administrative review along with a notice establishing the fine due date and the procedure for requesting an administrative hearing.

D.

Request for Hearing. If the citee wishes to contest the conclusion of the initial administrative review, the citee must request an administrative hearing within fifteen (15) days after the date the city served the citee with notice of the initial administrative review decision. Requests must be submitted to the City Clerk and be accompanied by an advance deposit of the fine or request a hardship waiver.

E.

Hardship Waiver. Citees financially unable to make an advance deposit of the administrative fine may file for a hardship waiver. The request must be filed with the City Clerk.

1.

The City Clerk will review the request and determine whether a waiver is justified. A waiver may only be approved if the request for waiver is accompanied by an affidavit signed under penalty of perjury, together with any supporting documents or materials demonstrating the citee's actual financial inability to deposit the full amount of the fine.

2.

The City Clerk will inform the citee in writing within fifteen (15) days regarding whether the waiver was approved. The determination must be served upon the citee by mail at the address provided in the waiver application. The City Clerk's determination is final.

3.

Should the City Clerk determine that a waiver is unjustified, the citee must deposit the fine amount with the city not later than fifteen (15) days after the date of that decision. Failure to make a deposit within fifteen (15) days after waiver denial is deemed a waiver of the citee's right to an administrative hearing and the administrative fine will be deemed delinquent.

F.

Notification of Hearing. Upon receipt of the payment of the administrative fine and request for a hearing, the city shall give notice to the citee of the time, date, and location of the hearing. The hearing shall be held not less than fifteen (15) days nor more than sixty (60) days after the receipt of the request. Any documentation, other than the administrative citation, that the enforcement official has submitted or will submit to the hearing officer shall be sent to the citee by regular first class mail at least five days before the date on which the hearing is scheduled. The documentation shall be made available upon request at the time of the hearing.

G.

Selection of hearing officer. The City Manager may designate the hearing officer for the administrative citation hearing by appointment or contract.

H.

Evidentiary Rules. The city bears the burden of proving a violation of the code by a preponderance of the evidence. The administrative citation and any additional reports submitted by the enforcement official constitutes prima facie evidence of the respective facts contained in those documents. Both the citee and the enforcement officer have the opportunity to testify, cross-examine witnesses and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Formal rules of evidence do not apply, but all evidence presented must be relevant and material to the issues of whether the violation alleged in the citation occurred or whether the citee was responsible for the violation.

I.

Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the citee may request that the hearing officer decide the matter based upon the citation itself and written argument and any documentary evidence signed under penalty of perjury submitted prior to the time of the scheduled hearing by the citee.

J.

Failure to Appear at Hearing. Failure of a citee to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer must then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the enforcement officer.

K.

Attendance of Enforcement Officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend, the enforcement officer may before the hearing date submit reports, photos, or other documentation regarding the violation to the hearing officer for consideration at the hearing.

L.

Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or citee before issuing a written decision.

M.

Decision of Hearing Officer. Based upon the evidence presented, the hearing officer shall provide a written decision to the parties within fifteen (15) days of the hearing with one of the following determinations:

1.

Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the fine and penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the city can retain the fine deposited by the responsible person.

2.

Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser fine than that prescribed in the fine and penalty schedule, or no fine at all, and impose such lesser fine, if any; and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the city can retain all or a portion of the fine deposited by the responsible person as applicable.

3.

Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of this code, or that the person cited was not the responsible party. In this event, the city shall refund the deposit, if any, within fifteen (15) days of the decision. A finding by the hearing officer that no violation occurred constitutes a dismissal of the administrative citation at issue, but does not have any effect on any other administrative citations issued or any other action taken by the city.

4.

The administrative hearing officer's decision must explain the basis for the decision and be served upon the responsible party by first class mail to the address stated on the request for hearing form. If applicable, the order must set forth the date by which compliance must be achieved and the imposed fine paid to the city. The order is final on the date of mailing, which is deemed the "date of service," and must notify the responsible person of the right to appeal to the Superior Court, as further described in Section 1.18.100. There is no right to an appeal other than as provided in Section 1.18.100. Should the hearing officer uphold the administrative citation and a hardship waiver was previously granted, the due date for paying the administrative fine will be thirty (30) days from the date of the notice of the hearing officer's decision.

(Ord. 209 § 1 (part), 2008)