20-10
HEARING PROCEDURE:

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 an advance deposit hardship waiver has been approved by the city manager.

b. A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible party requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

c. At least ten (10) days prior to the hearing, the recipient of an administrative citation shall be provided with copies of citations, reports and other documents submitted or relied upon by the enforcement officer. If, after copies of documents have been provided to the responsible party, the city determines to submit to the hearing officer additional documents then whenever possible, a copy of such documents shall be provided to the responsible party prior to the hearing. No other discovery is permitted. Formal rules of evidence shall not apply.

d. The 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). Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify, if the hearing officer determines that the evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the hearing officer in accordance with the fundamentals of due process. The hearing officer may limit the total length of the hearing to one hour, and shall allow the responsible party at least as much time to present its case as is allowed the city.

e. At the hearing, the party requesting the hearing shall be given the opportunity to present, either themselves or through a representative, evidence and testimony concerning the administrative citation. The city’s case shall be presented by an enforcement officer or by any other authorized agent of the city.

f. The failure of the responsible party, either personally or through counsel, of an administrative citation to appear at the administrative citation hearing shall be deemed an admission that the citation in question was appropriately and validly issued, resulting in a forfeiture of the fine.

g. The hearing officer may consolidate administrative citations issued to the same owner or responsible party.

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.

i. The city manager shall promulgate and establish all appropriate administrative regulations for implementation of this chapter, the conduct of the administrative hearings and the issuance of decisions pursuant to this section. (Ord. #1598, §3)