TITLE 10. REGULATION OF INDIVIDUALCONDUCT AND ACTIVITY
CHAPTER 10-1600. CONDUCT IN PUBLIC PLACES OF ASSEMBLY; ADMINISTRATIVE ADJUDICATION OF VIOLATIONS
§10-1609. Administrative Review.
(1) The Director of Finance shall constitute Code
Violation Appeals Panels which shall consist of one (1) or more persons, but in
no event shall the Code Violation Hearing Examiner from whose decision the
appeal is taken be included in the panel determining said appeal.
(2) An
appeal from a determination of any Code Violation Hearing Examiner after a
hearing on a plea denying liability, or from a determination denying a motion to
reopen any matter, shall be submitted to an Appeals Panel which shall have power
to review the facts and the law, and shall have power to affirm the
determination or to reverse or modify any determination appealed from error of
fact or law, or to remand for additional proceedings, or, in appropriate cases,
to hear the matter de novo.
(3) A party aggrieved by the final
determination of a Code Violation Hearing Examiner may obtain a review thereof
by serving upon the Bureau of Administrative Adjudication within thirty (30)
days of the entry of such final determination, a notice of appeal on a form
provided by the Bureau of Administrative Adjudication shall be made by certified
or registered mail, return receipt requested. Upon receipt of such notice of
appeal, the Finance Director's Office shall furnish to the appellant, upon
request and at the appellant's expense, a transcript of the original
hearing. No appeal shall be conducted less than ten (10) days after the mailing
of the transcript to the appellant.
(4) Appeals shall be conducted in
the presence of the appellant or his attorney, or both, if such right of
appearance is expressly requested by the appellant in his notice of appeal and
upon his complying with the regulations of the Director of Finance. If the
appellant elects to appear, the Bureau of Administrative Adjudication, within
thirty (30) days after the receipt of the notice of appeal, shall advise the
appellant, either personally or by ordinary first class mail, of the date on
which he shall appear. No appeal shall be conducted less than ten (10) days
after the mailing of such notification. A record shall be made of any de novo
hearings on appeal, and recording devices may be used for such purposes. The
appellant shall be notified in writing of the decision of the Code Violation
Appeals Panel.
(5) The order of a Code Violation Appeals Panel shall be
the final order of the Finance Director's Office. However, in the event
that no appeal is taken, the order of the Code Violation Hearing Examiner shall
be the final order. If payment is not made within thirty (30) days after entry
of a final order determining liability for a parking violation and fixing fines,
costs and additional fees for such violation, such fines, costs and additional
fees shall be considered a debt due and owing the City.