§ 1.25.090. Administrative hearing procedures.

A.

Hearings shall be conducted by the hearing officer on the date, time, and place specified in the notice provided for in Section 1.25.080. The hearing officer may, in his or her discretion, grant a continuance of the hearing date upon a request and a showing of good cause by the responsible person(s) or enforcement officer. The request must be made in writing and be received by the hearing officer at least two (2) business days prior to the hearing date. A copy of the continuance request must also be personally served on the enforcement officer if made by the responsible person(s), and on the responsible person(s) if made by the enforcement officer. In no event shall the continuance be longer than forty-five (45) calendar days from the originally scheduled hearing date.

B.

At the hearing, the responsible person(s) shall have the opportunity to present evidence relevant to the hearing officer's determination of the matter. The failure of the responsible person(s) to appear at the administrative hearing shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies to judicially challenge the imposition of the administrative fine and/or the imposition of the noncompliance fee. If the administrative hearing is abandoned, the issuing department shall keep the funds deposited with the hearing request, unless a hardship waiver was granted, in which case the administrative fine and/or the noncompliance fee shall be due and payable by the responsible person(s) to the issuing department within ten (10) calendar days following the date that had been set for the administrative hearing.

C.

The notice of violation, notice of administrative fine, and/or notice of noncompliance fee, and any other reports prepared by or for the enforcement officer concerning the code violation, shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in those documents. The enforcement officer may attend the hearing but is not required to do so. Once begun, the hearing officer may continue the hearing from time to time, in his or her sole discretion, to allow for the orderly completion thereof.

D.

After receiving all of the evidence submitted at the hearing, the hearing officer may further continue the hearing and request additional information from either the enforcement officer or the responsible person(s), or may close the hearing.

E.

After considering all the evidence and testimony submitted at the hearing and within ten (10) calendar days after the close of the hearing, the hearing officer shall issue a written decision to either confirm or cancel the administrative fine and/or the noncompliance fee or to reduce the amount of the administrative fine and/or noncompliance fee. The written decision shall include a statement of the reasons for the decision. The written decision shall be served by first-class mail, postage prepaid on the responsible person(s) and the enforcement officer. The hearing officer's written decision shall constitute the final administrative decision of the county.

F.

If the hearing officer confirms the imposition of the full amount of the administrative fine and/or the noncompliance fee, the issuing department shall keep the funds deposited with the hearing request, unless a hardship waiver was granted. If a hardship waiver was granted, the responsible person(s) shall pay the administrative fine and/or the noncompliance fee to the issuing department within twenty (20) calendar days following the date of the hearing officer's written decision.

G.

If the hearing officer reduces the administrative fine and/or the noncompliance fee, the issuing department shall refund the appropriate amount of the funds deposited with the hearing request to the responsible person(s) within twenty (20) calendar days from the date of the written decision, unless a hardship waiver was granted, in which case the responsible person(s) shall pay the reduced amount(s) to the issuing department within twenty (20) calendar days following the date of the hearing officer's written decision.

H.

If the hearing officer cancels the administrative fine and/or the noncompliance fee, the issuing department shall refund the entire amount of the funds deposited with the hearing request to the responsible person(s) within twenty (20) calendar days from the date of the written decision, unless a hardship waiver was granted, in which case no further action is necessary.

(Ord. 2005-0013 § 1 (part), 2005.)