Del Norte County Code
1 - General Provisions
60 - Administrative Citations for Violations of this Code
100 - Hearing procedure
A. When the notice of appeal form has been completed and submitted and the fine has been deposited, the county community development department shall set the matter for hearing with the hearing officer.
B. A hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the notice of appeal is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least fifteen days prior to the date of the hearing.
C. The hearing officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the Code on the date specified in the administrative citation.
D. The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation, and to cross-examine witnesses and question evidence.
E. The failure of any appellant of an administrative citation to appear at the scheduled hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.
F. The notice of violation, the administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facia evidence of the respective facts contained in those documents.
G. At least ten days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. If the enforcement officer submits any additional written report or other documentary evidence concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of each such report or document shall also be served by mail on the person requesting the hearing at least five days prior to the date of the hearing. No other discovery is permitted. Formal rules of evidence shall not apply. Evidence shall be admitted in the hearing if it is the kind of evidence upon which a reasonable person would rely in the conduct of serious affairs.
H. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision; both the enforcement officer and the recipient may be represented by counsel at the hearing.
(Ord. 2005-05 § 2 (part), 2005.)(Ord. 2009-004 § 2 (part),2009)