A. The City Manager shall designate the Administrative Hearing Officer who may, but need not be, an employee of the City.

B. The Responsible Person contesting the Administrative Citation shall have the opportunity to testify and present evidence, including witnesses, concerning the violation. Any other interested party, including without limitation the property owner or neighbors, may also testify and present other evidence. The Administrative Hearing Officer shall limit the testimony and other evidence to that relevant to the violation.

C. If the Responsible Person or other interested person fails to attend the scheduled hearing, that person shall have waived any right to testify or present other evidence. Failure to attend a scheduled hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

D. The Administrative Citation and other reports and documents presented by the Enforcement Officer shall constitute prima facie evidence of the facts in those documents.

E. The Administrative Hearing Officer may continue the hearing for good cause, in her or his discretion, and may request additional information.

F. Within thirty (30) days of the hearing, the Administrative Hearing Officer shall issue a written decision including findings to uphold, cancel, or modify the Administrative Citation, which decision shall be promptly served upon the Responsible Person by hand or certified mail, return receipt requested. The decision shall be supported by substantial evidence, and shall be final and not subject to further City appeal. A review of the City’s decision may be obtained by filing a petition for review in the Marin County Superior Court pursuant to California Government Code section 53069.4.

G. If the Administrative Citation is cancelled or modified, then any fine amount deposited with the City shall be promptly returned pursuant to the decision. If the Administrative Hearing Officer upholds the Administrative Citation, the fine amount deposited shall be retained. If the Administrative Hearing Officer upholds the Administrative Citation and a fine was not deposited pursuant to a Hardship Waiver, then the decision shall specify a payment schedule for the fine.