The Hearing Process
Once an appeal form has been submitted within the allotted time, an appeal hearing will be set.An appeal hearing will be set for a date not less than ten days nor more than sixty days from the date the city has determined that a timely and complete appeal of an administrative citation has been filed unless the enforcement officer determines that the matter is urgent or that good cause exists for an extension of time, in which case the hearing date may be shortened or extended, as warranted by the circumstances.
The compliance officer will send a copy of hearing notice to each appellant either personally or by by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal.
The compliance officer will prepare an administrative hearing packet for the hearing officer to review prior to the hearing. The packet shall include a copy of the written appeal and any supporting documents, a copy of the administrative citation, a staff report if any, and any other evidence relevant to the violation(s).
At the administrative appeal hearing, the hearing officer will review all evidence, documents, and written testimony and hear all oral testimony offered either in support of appellant’s claim or in support of the administrative citation, provided such evidence and testimony is relevant to the issues of the hearing. The hearing officer has the authority to determine the relevance of any evidence to the issues of the hearing. The hearing officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.
Each party appearing at the hearing shall have the following rights:
(A) to call and examine witnesses;
(B) to introduce documentary and physical evidence;
(C) to cross-examine opposing witnesses;
(D) to impeach any witness regardless of which party first called the witness to testify;
(E) to rebut evidence; and
(F) to be represented by anyone who is lawfully permitted to do so.
If the appellant fails to attend the scheduled administrative appeal hearing, the hearing will proceed without appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeal hearing.
Following the appeal of an administrative citation, the hearing officer may decide to uphold the administrative citation, establish a modified schedule for compliance, overturn some or all of the findings of the citing officer and/or rescind the citation in part or in its entirety, and/or reduce the amount or waive payment of the administrative fine. In the event the hearing officer determines to rescind the administrative citation in its entirety, the recipient of the administrative citation shall not be required to pay the administrative fine imposed by said citation and the appeal fee shall be refunded.