§ 1-46. Administrative review decision

(a) After considering all the evidence and testimony submitted at the administrative review, the hearing officer shall issue a written decision to uphold the citation or cancel it based upon a conclusion of whether or not a violation occurred for which the citee was a responsible person. The hearing officer has no discretion or authority to reduce or modify a fine. The decision will be made on a notice of decision form and designate the reasons and evidence considered for the decision. The decision of the hearing officer shall be made at the conclusion of the administrative review, or soon thereafter, and shall be final. The notice of decision shall be personally delivered to the citee at the conclusion of the administrative review, or it shall be mailed to the citee within three (3) business days following the conclusion of the administrative review.

(b) If the decision is to uphold the citation, the city shall keep the fine deposited. If the decision is to cancel the citation, the city shall refund the fine deposit to the citee within thirty (30) days of the filing of the decision. If the citation is upheld and the fine deposit had been waived, the fine shall be due on the date the decision is given to the citee at the end of the hearing by the hearing officer, or the date the notice of decision is mailed to the citee. The hearing officer may collect any fine due from the citee at the end of the hearing.

(c) The hearing officer's continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the number of citations upheld or canceled by the officer.

(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00; Ord. No. 10-5, § 2, 5-4-10 )

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Former § 1-43