§ 16-310. Administrative hearing.

(a)

A person charged for a violation of this article punishable by an administrative penalty may, within ten (10) days of receipt of notice of violation request a hearing with a hearing officer designated by the city manager.

(b)

Failure of the person charged with a violation of this article punishable by an administrative penalty to timely request a hearing or failure to appear at a scheduled hearing shall constitute a waiver of the right to a hearing or to challenge the validity or amount of the penalty imposed.

(c)

The hearing officer shall set a time and place for the hearing as soon as practicable but within thirty (30) days of the receipt of the request for hearing. The hearing officers shall have authority to administer oaths and to issue orders compelling the attendance of witnesses and the production of documents, such orders to be enforced by a municipal court.

(d)

The hearing shall be conducted in an informal process to determine whether there is a sufficient factual and legal basis to impose the administrative penalty. The rules of evidence shall not apply, provided that the decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties to the hearing shall have the right to present evidence.

(e)

The hearing officer shall issue a written order stating his decision. The record of witness testimony may be preserved for appellant review by the use of an audio tape recording or a videotape recording.

(f)

The administrative penalty imposed under this article is due and payable upon the expiration of the period to request a hearing or upon notice of the hearing officer's decision if a hearing is requested. Failure to pay the administrative penalty shall result in no further permits being issued for the address of the violation or the person charged with the violation.

(g)

A person on whom an administrative penalty is imposed may appeal the decision to the municipal court by filing an appeal petition with the municipal court clerk not later than thirty (30) days after the order is filed. The appeal hearing shall be scheduled to occur within thirty (30) days of the filing of the appeal petition. The appeal hearing before a municipal court judge shall be an administrative proceeding for the purpose of confirming or overruling the order issued by the hearing officer based upon the evidence presented to the hearing officer. The decision of the municipal court judge shall be final and shall not be appealable.

(h)

Neither a notice of intent to appeal nor the filing of an appeal petition shall stay the enforcement and collection of the hearing officer's decision unless the service of the notice of appeal is preceded by the posting of a bond with the municipal court clerk in an amount set by a municipal court judge.

(Ord. No. 2006-09-21-1122, § 1, 9-21-06)