5.62.090 Appeals.
A. General. A person to whom a citation of civil violation or finding and order of license suspension or revocation has been issued may appeal such determination and the amount of civil penalty or costs of abatement imposed to a hearing examiner appointed by the city manager. All appeals shall be filed with the director of public works or his or her designate within ten calendar days of service of the citation or finding and order. Failure of any person to file a timely appeal or failure of any person who has filed an appeal to attend the scheduled hearing shall constitute a waiver of his or her right to an appeal heating.
B. Hearing Officer--Appointment. The city manager shall appoint one or more hearing officers to hear appeals relating to the interpretation and/or enforcement of this chapter. The hearing officer may be a city employee, but shall not be an employee of the city attorney’s office, the department of finance nor of the public works department. Contracts may be entered into by the person to act as hearing officer, to be compensated as shall be provided therein and paid out of money made available and budgeted therefore.
C. How to Appeal.
1. Filing. All appeals shall be filed in writing with the director of public works or his or her designate. All appeals must be filed within ten calendar days of the date of the service of the citation or order of revocation or suspension. Upon receiving the appeal, the director or his or her designate shall transmit the same to the designated hearing officer as provided herein, who shall give notice of the hearing to the parties fourteen calendar days prior the hearing unless the hearing examiner and the parties otherwise agree.
2. Appeal--Format. All appeals to the hearing officer shall contain the following:
a. The names of appellants participating in the appeal;
b. A brief statement setting forth the action protested and the reasons why it is claimed such protested action should be vacated, reversed or modified, or otherwise set aside or, in the case of an appeal from a citation of civil violation filed for the purpose of explaining mitigating circumstances, an admission that the civil violation was committed, an explanation of the mitigating circumstances, and a request for mitigation;
c. The signature of all parties named and telephone numbers and mailing addresses;
d. Verification, by declaration under penalty of perjury, of at least one appellant of the truth of the matter stated in the appeal.
D. Conduct of Hearings.
1. Contested Hearings. In the case of an appeal from a notice of civil violation which is filed for the purpose of contesting the determination of civil violation or an appeal from a finding and order of license suspension or revocation, the hearing officer shall determine whether the city has proven by a preponderance of the evidence that the violation was committed or that there are grounds for suspension or revocation. The hearing officer shall affirm, vacate or modify the determination of violation or of suspension or revocation and may suspend or modify the amount of any civil penalty or period of suspension imposed by the director or his or her designate. The hearing officer may impose a daily monetary penalty from the date of civil violation or additional period of suspension if he or she finds that the appeal is frivolous or filed solely for the purpose of delay. Upon request of a party, the hearing officer may subpoena witnesses. The hearing officer shall hear evidence presented by the city attorney and/or the director or his or her designate. The hearing officer shall likewise hear evidence presented by the person appealing the citation or suspension or revocation. Formal rules of evidence need not be followed, but witnesses shall be sworn by the hearing officer.
2. Mitigation Hearings. In the case of an appeal from a citation of civil violation filed for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the person will be deemed to have committed the civil violation and may not subpoena witnesses.
E. Final Order of Decision. A copy of the final order of the hearing officer shall be mailed to the appellant(s) within three working days following the entry of a written order under this section. Unless otherwise stated in the order, such order shall be final and conclusive ten calendar days from the date of mailing thereof unless any party of record makes application to a court of competent jurisdiction for judicial review and stay of enforcement. (Ord. M-3207 §14, 1995)