Contesting administrative citations

(a) Any person issued an administrative citation under this chapter shall have the right to appeal such citation by filing a written notice of appeal to the city representative that issued the administrative citation within 10 days of the date of such citation. Upon receipt of such written notice, the city representative shall schedule the administrative hearing as soon as reasonably practical from the date of such appeal notice. (b) The appeal will be heard by a neutral, third-party hearing officer appointed by the city clerk or their designee. At the hearing, the parties will have an opportunity to present testimony and documentary evidence and question witnesses, but strict limitations on the scope of evidence to be allowed, as well as time limits which may apply to such appeal hearings, and any other substantive or procedural elements which the hearing officer deems appropriate to ensure an efficient appeal process. (c) The hearing officer shall conduct an informal hearing to determine if a violation has occurred. (1) The hearing officer shall issue its findings and conclusions, in writing or email, within thirty (30) days following the hearing. (2) Upon concluding that an administrative citation was justified, it will uphold the citation as issued and the responsible party or property owner shall pay the administrative citation along with the cost of the hearing within (3) days of the date of decision or within the time specified by the hearing officer. The property shall also be brought into compliance by the date specified by the hearing officer. (3) If the hearing officer finds that the administrative citation was not justified, it will overturn the citation. (4) Failure to attend the appeal hearing constitutes a waiver of the responsible party and property owner's rights to a hearing and an admission of the violation. The city clerk may waive this result, however, upon a showing of good cause. Examples of "good cause" are: death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; or lack of proper service of the citation or notice of the hearing. "Good cause" does not include forgetfulness or intentional delay.