§ 110-430. Appeal of administrative penalty.

(a)

Appeal. Upon receipt of a written notice of appeal of an administrative penalty, all papers, audio and video tapes, and any other items constituting the record of the action from which the appeal is taken shall be transmitted to the water utilities and infrastructure director. In the event that an appeal is taken from the decision of the water utilities and infrastructure director, all papers, audio and video, and any other items constituting the records of the action from which the appeal is taken shall be transmitted to the city manager, or his designee.

(b)

Initial appeal process.

(1)

The water utilities and infrastructure director shall hear an appeal of an administrative penalty under this article. The water utilities and infrastructure director shall give the appealing party an opportunity to present evidence and make argument on his/her behalf. The formal rules of evidence do not apply to an appeal hearing under this section and the water utilities and infrastructure director shall make his ruling on a basis of a preponderance of the evidence presented at the hearing.

(2)

Upon receipt of the request for an appeal, a hearing before the water utilities and infrastructure director shall be scheduled to take place within ten calendar days from the date of receipt unless both parties agree to a certain date beyond the ten calendar days.

(3)

The water utilities and infrastructure director may affirm, modify, or reverse all or part of the administrative penalty being appealed.

(4)

After such hearing, the water utilities and infrastructure director shall notify the person, corporation, firm, association, or other entity of his decision by certified mail or by personal delivery.

(c)

Final appeal process.

(1)

The city manager, or his designee, shall hear any appeal of the water utilities and infrastructure director's decision under this section. The city manager, or his designee, shall give the appealing party an opportunity to present evidence and make argument on his/her behalf. The formal rules of evidence do not apply to a final appeal hearing under this section and the city manager, or his designee, shall make his ruling on a basis of a preponderance of the evidence presented at the hearing.

(2)

Upon receipt of the request for an appeal from the decision of the water utilities and infrastructure director, a hearing before the city manager, or his designee, shall be scheduled to take place within ten calendar days from the date of receipt unless both parties agree to a certain date beyond the ten calendar days.

(3)

The city manager, or his designee, may affirm, modify, or reverse all or part of the water utilities and infrastructure director's decision being appealed.

(4)

After such hearing, the city manager shall notify the person, corporation, firm, association, or other entity of his decision by certified mail or by personal delivery. The decision of the city manager, or his designee, shall be final.

(Code 1982, § 31-225; Ord. No. 2005-05-053, § 2, 5-17-2005; Ord. No. 2007-07-066, § 2(Add. A), 7-17-2007; Ord. No. 2008-08-079, § 2, 8-19-2008; Ord. No. 2014-04-028, § 6, 4-15-2014)