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ORD 1687
City of Pleasanton
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ORD 1687
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Last modified
3/26/2004 12:12:27 PM
Creation date
3/10/1999 6:20:00 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT NO
ORD 1687
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1.24.080 Hearin2 Officer <br /> <br />The City Manager shall designate the heating officer for the administrative citation hearing. <br /> <br />1.24.090 Hearing Procedure <br /> <br />A. No hearing to contest an administrative citation before a hearing officer shall be held <br /> unless the fine has been deposited in advance in accordance with Section 1.24.060 or an <br /> advance deposit hardship waiver has been issued in accordance with Section 1.24.070. <br /> <br />B. A hearing before the hearing officer shall be set for a date that is not less than fifteen days <br /> and not more than sixty days from the date that the request for hearing is filed in <br /> accordance with the provisions of this Chapter. <br /> <br />C. At the hearing, the party contesting the administrative citation shall be given the <br /> opportunity to testify and to present evidence concerning the administrative citation. <br /> <br />D. The failure of any recipient of an administrative citation to appear at the administrative <br /> citation hearing shall constitute a forfeiture of the fine and a failure to exhaust <br /> administrative remedies. <br /> <br />E. The administrative citation and any additional report submitted by the enforcement officer <br /> shall constitute prima facie evidence of the respective facts contained in those documents. <br /> <br />F. The hearing officer may continue the hearing and request additional information from the <br /> enforcement officer or the recipient of the administrative citation prior to issuing a written <br /> decision. <br /> <br /> 1.24.100 Hearing Officer's Decision <br /> <br />A. ARer considering all of the testimony and evidence submitted at the hearing, the hearing <br /> officer shall issue a written decision to uphold or cancel the administrative citation and <br /> shall list in the decision the reasons for that decision. The decision of the hearing officer <br /> shall be final. <br /> <br />B. If the hearing officer determines that the administrative citation should be upheld, then the <br /> fine amount on deposit with the City shall be retained by the City. <br /> <br /> C. If the hearing officer determines that the administrative citation should be upheld and the <br /> fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing <br /> officer shall set forth in the decision a payment schedule for the fine. <br /> <br /> D. If the hearing officer determines that the administrative citation should be canceled and the <br /> fine was deposited with the City, then the City shall promptly refund the amount of the <br /> <br /> , <br /> <br /> <br />
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