5.8. SR 07-21-2008 - Laserfiche WebLink

Home Browse Search

(C) The City Council must adopt by ordinance a schedule of recommended fines for offenses initiated by administration citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review. (D) The City Council may adopt a schedule of fees to be paid to administrative Hearing Boards. (E) The City must adopt written procedures for administering the administrative citation program. Section xx.04 ADMINISTRATIVE CITATION. (A) A person authorized to enforce provisions of the city code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by first class mail to the person responsible for the violation. The citation must state the date, time, and nature of the offense, the identity of the person issuing the citation, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. (B) The person responsible for the violation must either pay the scheduled fine or request a hearing within seven days after issuance of the citation. Payment of the fine constitutes admission of the violation. A late payment fee of 10% of the scheduled fine amount will be imposed. Section xx.05 ADMINISTRATIVE HEARING. (A) The City Council must periodically name three of its members to an Administrative Hearing Board. (B) Upon the Hearing Board's Own initiative or upon written request of an interested party demonstrating the need, the board may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the Hearing Board promptly but no later than the time specified in the subpoena for compliance. The Board may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance. (C) Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence do not apply. The Hearing Board must record the hearing and receive testimony and exhibits. The Board must receive and give S:\PLANNING MAIN\Case Files\OA\OA 08-07 Administrative Citations\Ordinance revised for hearing board.doc