§ 6.30.090. Preliminary review.

(a)

If the request is made within 14 days of the date that an administrative citation that does not contain a notice of noncorrection is issued, any responsible person may request a preliminary review.

(b)

A request for a preliminary review shall be made on a form specified by the city manager, shall be filed with the city manager, and shall include all information that the responsible person desires the city manager to consider in his preliminary review of the citation. A request for preliminary review may include a request for waiver of the fine deposit. A responsible person requesting a waiver of fine deposit bears the burden to establish by substantial evidence, including a sworn affidavit, that he is unable to deposit the fine associated with the administrative citation.

(c)

The preliminary review shall be conducted by the city manager.

(d)

The preliminary review shall include a review of the administrative citation, the written request for an administrative review and any evidence the responsible person may submit with the written request.

(e)

The responsible person shall be notified of the results of the preliminary review within ten working days of filing a written request for preliminary review. The decision on a preliminary review is not a final disposition of a citation and therefore is not subject to judicial review.

(f)

A request for preliminary review shall not extend any time period for compliance, the due date of any fine imposed or the time to request an administrative hearing.

(g)

If the city manager concludes that no code violation occurred or that the responsible person was not responsible for the code violation, then he shall dismiss the administrative citation, without prejudice to the issuance of a further administrative citation should additional evidence be developed.

(h)

The city manager shall also rule whether the responsible person qualifies for waiver of the fine deposit, if such a request has been made.

(Code 1969, § 6.30.090; Ord. No. 789, § 1(part), 2003)