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NS-2423
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Last modified
1/3/2012 1:01:57 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2423
Date
4/17/2000
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46 <br /> <br />(c) <br /> <br />(d) <br /> <br />Citation to appear at the hearing shall constitute a forfeiture of the <br />fine and be a bar to judicial review of the hearing officer decision <br />based upon a failure to exhaust administrative remedies. <br /> <br />The hearing officer shall only consider evidence that is relevant to <br />whether the violation occurred and whether the responsible person <br />has caused or maintained the violation of the Municipal Code on <br />the date(s) specit'~d in the Administrative Citation, <br /> <br />The responsible person contesting the Administrative Citation shall <br />be given the opportunity to testify and present witnesses and <br />evidence concerning the Administrative Citation. <br /> <br />(5) <br /> <br />(6) <br /> <br />(e) <br /> <br />The Administrative Citation and any additional document submitted <br />by the issuing officer/employee shall constitute prima facie <br />evidence of the respective facts contained in those documents. <br />Formal rules of evidence shall not apply. <br /> <br />Upon request, the recipient of an Administrative Citation shall be <br />provided with copies of the citations, reports and other documents <br />submitted or relied upon by the issuing officer/employee when <br />issuing the citation. In addition, if the issuing officer/employee <br />submits any additional wdtten reports conceming the Administrative <br />Citation to the hearing officer for consideration at the hearing, then <br />a copy of said documentation also shall be served by mail on the <br />person requesting the hearing. <br /> <br />(g) <br /> <br />The hearing officer may continue the hearing and request additional <br />information from the issuing officer/employee or the recipient of the <br />Administrative Citation prior to issuing a written Decision. <br /> <br />Hearing Officer's Decision. After considering all of the testimony and <br />evidence submitted at the hearing, the hearing officer may immediately <br />issue a verbal decision or may issue a written decision within ten (10) <br />days of the hearing. The decision shall include the reasons for the <br />decision and such decision shall be final. If the hearing officer determines <br />that the Administrative Citation should be upheld, then the fine amount on <br />deposit with the City shall be retained by the City. If the hearing officer <br />determines that the Administrative Citation should be canceled and the <br />fine was deposited with the City, then the City shall promptly refund the <br />amount of the deposited fine. <br /> <br />Collection of Unpaid Fines. Failure to pay the assessed administrative <br />fine within fifteen (15) days or such other time limit set forth in the <br />Administrative Citation, and/or has not been successfully challenged by a <br /> <br />Ordinance No. NS-2423 <br />Page 6 of 8 <br /> <br /> <br />
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