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AgdaPkt 2003-03-10
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AgdaPkt 2003-03-10
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Last modified
6/2/2011 2:44:07 PM
Creation date
3/6/2003 5:04:52 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
3/10/2003
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CP.2 c -2� <br />modifying an Administrative Enforcement Order, or where extraordinary circumstances <br />exist granting a new hearing. <br />2.4.5 Procedures at Administrative Hearings. <br />(a) Administrative Hearings are intended to be informal in <br />nature. Formal rules of evidence and discovery do not apply. The procedure and <br />format of the Administrative Hearing will follow the procedures promulgated by the City <br />Manager or his /her designee. <br />(b) The City bears the burden of proof at an Administrative <br />Hearings to establish the existence of a violation of the Municipal Code. <br />(c) The standard of proof to be used by the Administrative <br />Hearing Officer in deciding the issues at an Administrative Hearing is by a <br />preponderance of the evidence. <br />(d) Each party will have the opportunity to cross - examine <br />witnesses and present evidence in support of his or her case. <br />2.4.6 Failure to Attend Administrative Hearings. <br />Any party whose property or actions are the subject of an Administrative <br />Hearing and who fails to appear at the hearing is deemed to waive the right to a hearing <br />and the adjudication of the issues related to the hearing provided that proper notice of <br />the hearing as required by this Section has been provided. <br />The failure of any recipient of an administrative citation to appear at the <br />Administrative Hearing will constitute a forfeiture of the fine and a failure to exhaust their <br />administrative remedies. <br />Section 2.5 Collections <br />The City may collect the assessed Administrative Penalties and /or Administrative <br />Costs by use of all available means, including recordation of a lien pursuant to the <br />provisions of this Article. <br />2.5.1 Lien Procedure <br />(a) Whenever the amount of any Administrative Penalty and /or <br />Administrative Cost imposed pursuant to this Article in connection with real property has <br />not been satisfied in full within ninety (90) days after the Administrative Penalty and /or <br />Administrative Cost imposition becomes final, this obligation may constitute a lien <br />against any real property involved where any violation was determined to concern the <br />condition of that real property. <br />F:Atty /Ord /Ord.157.1 <br />020603 20 <br />
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