§ 1-8.111. Appeal decision.

(a)

After considering all the evidence and testimony submitted at an appeal hearing, the hearing administrator shall issue a Notice of Decision, within two (2) business days, to either uphold or revoke the Notice and Order based upon a conclusion of whether a violation occurred for which the appellant was a responsible person. The Notice of Decision shall be mailed within one business day subsequent to the hearing administrator's issuance of the Notice of Decision by first class and certified mail, postage prepaid, return receipt requested, to the appellant or the representative, per Section 1-8.105(g) of this chapter. The failure to appear by the appellant shall be noted on the Notice of Decision by the hearing administrator. At any time prior to the hearing, the Director may, and after the hearing, the hearing administrator may, reduce or cancel the amount of any fine or revoke the Notice and Order in unusual cases when extenuating circumstances make it appropriate in the interest of justice. The decision of the hearing administrator shall be final.

(b)

The filing of an appeal shall suspend any fine assessed in the Notice and Order. In the event that the Notice and Order is revoked, the fine shall also be revoked. In the event that the Notice and Order is upheld, a new compliance deadline and fine due date shall be established by the hearing administrator and recorded on the Notice of Decision.

(§ 3 (part), Ord. 940, eff. December 24, 1998, as amended by § 4, Ord. 1095, eff. July 19, 2006)