§ 1.22.040. Required hearing for notice of violation.  


Latest version.
  • A.

    If the Enforcement Official determines that all violations have been corrected within the time specified in the notice of violation, the notice of violation shall be cleared and no hearing shall be required. The Enforcement Official shall provide written notice to the responsible person that the violations have been corrected within the time period specified within thirty (30) days after such determination.

    B.

    Within thirty (30) days of service of an administrative citation, any alleged violator may request a hearing to:

    1.

    Contest that a violation of the Code exists;

    2.

    Identify the responsible person;

    3.

    Request additional time to correct the violation;

    4.

    Determine the reasonableness of any administrative costs.

    C.

    No hearing to contest an administrative citation before the Hearing Officer shall be scheduled or heard unless the administrative fine has been deposited in advance or a financial hardship waiver has been filed.

    D.

    If full compliance is not achieved within the time period specified in any notice of violation, the Enforcement Official may request a hearing before the Hearing Officer to determine the existence of any violations, establish the requirement of all corrective actions, and assess the appropriateness of any administrative penalties and administrative costs.

    E.

    Any responsible person may request a hearing to establish the date of compliance and the fact that full compliance was achieved if, within thirty (30) days of receiving notification that a violation was corrected, the Enforcement Official does not file a report with the Hearing Officer or provide written confirmation to the person subject to the notice of violation as required. If the Enforcement Official subsequently provides such written confirmation to the responsible person, no such hearing shall be scheduled.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5230, § 3, 1-7-2014)