§ 11-20. Scheduling and conduct of administrative hearing.

(a)

Upon receipt of a violator's timely request for an administrative hearing, the clerk, or clerk's designee, shall schedule the administrative hearing on the next available regularly scheduled special magistrate hearing date, or as soon thereafter as possible.

(b)

The clerk, or clerk's designee, shall send a notice of hearing by certified and regular mail to the violator at the address provided by the violator on the request for an administrative hearing.

(c)

The notice of an administrative hearing shall include:

(1)

Notice that the violator to be represented by an attorney.

(2)

Notice that the violator to present witnesses and evidence.

(3)

Notice that failure of the violator to attend the administrative hearing may result in a civil penalty being assessed in the absence of the violator.

(4)

Notice that a request for a continuance will not be considered if not received in writing by the clerk at least five (5) calendar days prior to the hearing date scheduled by the clerk.

(5)

Notice that the violator will be responsible for a verbatim record of the hearing should they desire to appeal the special magistrate's decision.

(d)

The administrative hearing shall be conducted as provided in section 11-13. The fact-finding determination of the special magistrate at the administrative hearing shall be limited to whether the violation alleged did occur and, if so, whether the person named in the citation violation notice can be held responsible for that violation. At the conclusion of the administrative hearing, the special magistrate shall issue findings of fact and conclusions of law and if the city prevails, impose the civil penalty as set forth in section 11-25.

(e)

If the violator is found to have committed or responsible for committing the violation, the order of the special magistrate shall require the violator to pay a fine in accordance with section 11-25. Such order may also command a violator to take whatever steps are necessary to bring a violation into compliance. The order shall be announced orally at the hearing and shall be reduced to writing and served on the violator at the hearing or subsequent to the hearing shall be reduced to writing and served as provided in section 11-16.

( Ord. No. C-08-36, § 1, 7-15-08 )