§ 1-6.110. Hearing procedure  


Latest version.
  • All administrative citation hearings conducted in accordance with this article shall be done as follows:

    (a) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section 1-6.107 or an advance deposit hardship waiver has been issued in accordance with Section 1-6.108.

    (b) A hearing before the Hearing Officer shall be set for a date that is not less than ten (10) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this article, unless the Hearing Officer determines that the matter is urgent or that good cause exists for an extension of time.

    (c) At the hearing the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

    (d) The failure of any recipient of an administrative citation to timely make the advance deposit, obtain an advance hardship waiver or to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.

    (e) 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.

    (f) 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.

(§ 1, Ord. 772, eff. June 25, 2004)