Chapter 2.145
APPEALS AND ADMINISTRATIVE HEARINGS PROCEDURE

Sections:

2.145.010    Scope.

2.145.020    Administrative appeals.

2.145.030    Administrative hearing procedure.

2.145.040    Hearing determination and petition.

2.145.010 Scope.

Appeals of a violation of the city code or the imposition of a fee, charge or penalty shall be governed by this chapter unless a different appeal procedure is specified under this code or by state or federal law. (Ord. 19319 § 1, 10-13-09. Code 1995 § 2-486.)

2.145.020 Administrative appeals.

(a) A person to whom a notice of a violation, other administrative action, or the imposition of a fee, charge or penalty has been issued shall within the time period stated in the notice:

(1) Correct the violation cited in the notice, if applicable; and/or

(2) Pay the indicated fee, charge or penalty.

(b) Alternatively, a person to whom a notice of a violation, other administrative action, or the imposition of a fee, charge or penalty has been issued may within 10 business days from the date of the notice appeal all or part of the finding of the violation or imposition of a fee, charge or penalty.

(1) The request for appeal must be in writing, give the person’s full name, and mailing address, and at least one other method of contact such as telephone number or e-mail address, and must set forth the reasons for the appeal. The request for appeal must be made to the director of the applicable department. The director of the applicable department shall schedule an administrative hearing to be held as soon as practicable but no later than 15 business days of the request for appeal. Additionally, the director of the applicable department shall serve personally or by first class mail written notice to the person of the date and time of the hearing.

(2) The written request for an appeal hearing must be accompanied by an appeal fee in an amount to be determined by the city manager. Appeal fees will be refunded to the person appealing the finding of a violation or imposition of an administrative fee, charge or penalty, including the amount thereof, if the administrative hearing officer does not find there was a violation.

(3) Compliance with this time limit within which an appeal must be filed shall be a jurisdictional prerequisite to any appeal brought under this chapter, and failure to comply shall bar any such appeal.

(4) The appeal shall be limited to the issues set forth in the request for appeal.

(5) Filing of a request for appeal shall stay the action by the director of the applicable department enforcing a finding of a violation or requiring payment of an administrative monetary penalty until the administrative hearing officer has made his or her decision. (Ord. 19319 § 2, 10-13-09. Code 1995 § 2-487.)

2.145.030 Administrative hearing procedure.

(a) Administrative hearings for the adjudication of the finding of a violation, other administrative action, or the imposition of a fee, charge or penalty of this chapter shall be conducted by a hearing officer appointed by the city. The selection and contracting for the services of the administrative hearing officer shall be done in accordance with the city’s competitive bidding requirements.

(b) The person requesting the appeal may appear pro se or, at his or her own expense, by an attorney. An attorney who appears on behalf of any person shall file a written entry of appearance with the hearing officer.

(c) The rules of evidence shall not apply in the conduct of the administrative hearing.

(d) No violation, other administrative action or imposition of a fee, charge or penalty may be sustained by the administrative hearing officer except upon proof by a preponderance of the evidence.

(e) The city and the person requesting the appeal shall each be permitted one continuance and the hearing officer may, on showing of good cause, grant a continuance to a date certain. (Ord. 19319 § 3, 10-13-09. Code 1995 § 2-488.)

2.145.040 Hearing determination and petition.

(a) Upon conclusion of the hearing, the hearing officer shall issue a determination of:

(1) Whether or not the administrative action was taken in accordance with city ordinances, whether or not a violation occurred and the amount of the administrative monetary penalty, if applicable, for the relevant violation. Upon issuance, such decision shall constitute a final determination.

(2) Upholding the administrative action and/or imposition of an administrative fee, charge or penalty, including the amount thereof. Upon issuance, such decision shall constitute a final determination.

(b) The hearing officer may, if factual circumstances dictate, take the matter under advisement for a period no longer than 10 business days. In such instances and in the case of a determination adverse to the person requesting the appeal, the date of the hearing officer’s determination shall govern for purposes of the assessment of an administrative monetary penalty.

(c) If a person fails to respond to a notice of violation, other administrative action, or imposition of a fee or charge either by correcting the violation, if applicable, by payment of administrative penalty, by payment of the fee or charge or by making a written request within the specified time for an administrative hearing, a determination of liability, if any, shall be entered against the person. Such determination shall constitute a final determination. (Ord. 19319 § 4, 10-13-09. Code 1995 § 2-489.)