§ 1-44. Waiver of fine deposit

(a) A person filing a request for an administrative review may also request at the same time a hardship waiver of the fine deposit. To seek such a waiver and obtain a separate hearing on the request, the citee shall file with the city the signed written request form contained on the reverse side of the citation, check the box indicating this request, and attach a statement on the grounds for the request. The procedure governing the filing of such requests shall be the same as provided in section 1-43(b).

(b) The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to make the deposit of the fine. The citee shall personally appear at the hearing on the request and non-appearance shall constitute an abandonment of the request unless excused pursuant to section 1-45(f).

(c) The request for a waiver of the fine deposit will be heard by the hearing officer at the administrative review at the date, time and place specified on the notice of administrative review. At the conclusion of the hearing on the waiver request, or within three (3) business days after the waiver request hearing, at the hearing officer's discretion, the hearing officer shall issue a decision that the fine deposit is or is not waived. The hearing officer shall then insert on the notice of decision form relating to the waiver request the new date set for the administrative review, which shall be within forty-five (45) days of the date on the notice of decision. A copy of the notice of decision shall be delivered to the citee at the end of the hearing on the waiver request, or shall be sent via U.S. Mail within three (3) business days following the conclusion of the hearing on the waiver request.

(d) If the hardship waiver is denied, the hearing officer shall provide the citee a self-addressed envelope to use in making the fine deposit. The citee shall mail the deposit in the envelope provided so that it is postmarked at least three (3) business days before the date designated on the notice of decision for the administrative review. The director is authorized to designate the address to which the deposit is to be mailed. Failure to make the deposit by the time required shall be deemed an abandonment of the contest.

(e) The filing of a request for hardship waiver of the fine deposit does not extend the time within which to request an administrative review or any other time set forth in this chapter, except as provided in subsection (d), above. A hearing officer decision on the waiver is final and not subject to an appeal pursuant to section 1-47

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

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Former § 1-41