§ 8.13.050. Appeal hearings.  


Latest version.
  • A. Request for Hearing. Any offender desiring to challenge the issuance of an administrative citation shall, within fifteen calendar days from the date the administrative citation is issued, make a written request for a hearing with the city clerk setting forth the basis of the challenge. The offender shall cause to be deposited with the city's finance department the entire administrative fine plus two hundred fifty dollars as an offset to one-half the fee associated with payment of an administrative hearing officer. Subject to subsection (C), both parties shall equally share the cost for the hearing officer.
    B. Selection of Hearing Officer. The hearing officer shall be chosen by the offender from a list made available by the city clerk. The list of hearing officers shall contain no fewer than three names and shall not include any person employed by the city.
    C. Decision in Favor of Offender. If the administrative hearing officer concludes the offender did not, in fact, violate any provision of the Signal Hill Municipal Code and dismisses the citation, then the city shall reimburse the offender the entire administrative fine amount and two hundred fifty dollar fee paid pursuant to subsection (A). Dismissal of an administrative citation shall not preclude the city from the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the city.
    D. Waiver of Right to Hearing. The offender's failure to appear at a scheduled hearing shall constitute a waiver of the right to a hearing as well as a waiver of a right to judicial review of the imposition of the administrative fine. An offender's failure to appear at the hearing shall be presumed to be an admission of guilt to the municipal code violation charges as indicated on the administrative citation.
    (Ord. 2001-10-1296 § 2 (part))