§ 21-308. Hearings on the imposition of civil fine and/or imposition of civil cost recovery fee for public safety response; appeals.

(a)

The city manager, or the city manager's designee, shall appoint an independent hearings officer ("hearings officer"), to preside over appeals under this article.

(b)

Any person subject to a civil penalty pursuant to section 21-306 or subject to a civil cost recovery fee for public safety responses pursuant to section 21-307 shall have the right to request an administrative hearing within forty-five (45) days of the issuance of a notice of violation. To request such a hearing, the person requesting the hearing shall notify the city clerk's office, in writing, within forty-five (45) days of the issuance of the citation.

(c)

The hearings officer is delegated the power and duty to hear any appeal hearing under section 21-308. The hearings officer shall conduct a hearing on the matter within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearings officer shall render a decision within thirty (30) days of the conclusion of the hearing. The hearings officer shall have the sole authority for sustaining or overturning a notice of violation or imposition of response costs issued under this article. The decision of the hearings officer shall be final.

(d)

An appeal of a notice of violation under section 21-307, or imposition of costs under section 31-308, must include the following procedures:

(1)

Every person who appeals shall have the right to appear in person or through an attorney;

(2)

All persons who testify at the hearing shall testify under oath, and the person who appealed shall have the right to produce evidence, and subpoena and call witnesses; and

(3)

The burden of proof is on the city to prove by a preponderance of the evidence that the civil violation occurred.

(Ord. No. 2016-12-15-0999 , § 1, 12-15-16)