A. Any recipient of a notice of violation enforceable by administrative penalties under this chapter may request an appeal hearing to contest there was a violation, as specified in the notice of violation, or that they are responsible for said violation, by completing a “request for hearing form” and returning it to the City Clerk within fifteen (15) days from the date of the notice of violation. At the time of returning the request for hearing form to the City Clerk, the person or entity requesting the appeal hearing shall pay an appeal processing fee of one hundred fifty dollars ($150.00). Failure to pay the appeal processing fee, or make arrangements for the payment of the fee, may result in the hearing being postponed until the payment of such fee.

B. Any hearing conducted pursuant to this section shall be set for a date not less than fifteen (15) days nor more than sixty (60) days from the date that the request for hearing form is filed in accordance with this chapter, unless the matter is urgent or good cause exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the circumstances.

C. Any hearing provided under this section shall provide a full opportunity for the person or persons subject to a notice of violation to appear and contest the determination that a violation has occurred and/or that the violation continues to exist. If the appeal hearing involves a juvenile, such a hearing shall be private and confidential unless the juvenile’s parents/guardians specifically request that the hearing be public. The failure of any interested party to appear at a requested appeals hearing shall constitute a failure by such party to exhaust their administrative remedies, and a waiver of the same.

D. At the place and time set forth in the notice of hearing, the Hearing Officer shall conduct a hearing on the notice of violation. The Hearing Officer shall consider any written or oral evidence regarding the violation that may be presented by the violator, real property owner, any officer or agent of the Authority and/or City, and any other interested party.

E. After receiving all of the evidence presented, the public testimony portion of the hearing shall be closed. The Hearing Officer may then consider what action, or actions, if any, should be taken, including the imposition of any fines or penalties.

F. Within thirty (30) days following the conclusion of the hearing, the Hearing Officer shall issue written findings and make a determination regarding the existence of the violation. If the Hearing Officer finds by a preponderance of the evidence that a violation occurred, the Hearing Officer shall issue a written finding of those facts. The decision of the Hearing Officer shall be final.

G. The recipient or recipients of a notice of violation shall be served with a copy of the decision of the Hearing Officer, including an administrative order if one is issued, in the manner and method set forth by Larkspur Municipal Code Section 19.01.050(C). (Ord. 1062 § 14, 2022; Ord. 1031, 2018; Ord. 1030 § 2(13), 2018; Ord. 1007 § 1, 2015; Ord. 1002 §§ 2, 3, 2015)