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B. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. Written notice of the time and place for the hearing shall be provided in person or by mailing a copy thereof, postage prepaid, to the mailing address provided in the request for hearing form. Service shall be deemed to be complete at the time notice is personally served or deposited in the mail. The failure of any person to receive notice of hearing shall not affect the validity of any proceedings under this Gchapter. C. If the Community Development Department submits an additional written report concerning the notice to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five (5) days prior to the date of the hearing. D. The failure of any person to file a request for hearing in accordance with this section shall constitute waiver of that person's rights to administrative determination of the merits of the notice and any penalties assessed. E. Hearing officer. The city manager shall designate the hearing officer. F. Hearing procedure. 1. A hearing before the hearing officer shall be set for a date that is not less than ten (10) business days and not more than thirty (30) calendar days from the date that the request for hearing is filed in accordance with the provisions of this chapter, unless otherwise agreed to by the Community Development Department and party contesting the notice. 2. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Oral evidence shall be taken only upon oath or affirmation. The Community Development Department and the person contesting the notice shall have the right to call witnesses, introduce documentary and physical evidence. 3. The failure of the party contesting the notice to appear at the hearing shall constitute a forfeiture of the hearing and a failure to exhaust administrative remedies. 4. The notice and any additional report or information submitted by the Community Development Department shall constitute prima facie evidence of the respective facts contained in those documents and records. 5. The hearing officer may continue the hearing and request additional information from the Community Development Department or the party contesting the notice prior to issuing a written decision. G. Hearing officer's decision. 1. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the action described in the notice and shall list in the decision the reasons for that decision. 2. If the hearing officer determines that the action described in the notice should be upheld, the hearing officer shall set forth in the decision a payment schedule for any fine or penalty, as applicable. 3. The party contesting the notice shall be served with a copy of the hearing officer's written decision. The decision shall include a statement that: party contesting the notice may request an appeal of the hearing officer's decision by submitting an appeal request, in writing, to the City Clerk within ten (10) calendar days of the date of the 10