Appeal to the Director.
Columbus City Codes § 908.04
in effect908.04 - Appeal to the Director.
Any person receiving a Civil Citation may appeal such citation by filing a notice of appeal with the Department, in writing, on a form and in the manner provided for by the rules and regulations of the Director. The written Notice of Appeal must be received by the Department within fifteen (15) calendar days from the date of service of the Civil Citation. Failure to either pay the assessed civil penalty by the due date listed on the Civil Citation or submit a Notice of Appeal within fifteen (15) calendar days from the date of service of the Civil Citation shall constitute a waiver of the right to appeal and shall be considered an admission of violation and a default finding of civil liability shall be imposed upon the person for the amount of civil penalties assessed.
A written Notice of Appeal shall include the name, address and telephone number of the appellant, the date of the written notice of appeal, and a statement of intent to appeal. The Director shall convene a hearing on the matter within thirty (30) calendar days of receipt of the Notice of Appeal, except as otherwise provided by this chapter. The Director may grant continuances as deemed necessary.
A. The Director shall designate a hearing examiner. No person shall be employed as a hearing examiner unless the person is an attorney admitted to the practice of law in this state or formerly was employed as a law enforcement officer. The hearing examiner shall not be a city employee.
B. The Director shall maintain a record of the hearing consistent with the Department's records retention schedule. The record may be made by stenographic means or by the use of an audio electronic recording device.
C. Each hearing shall be conducted in such manner as the hearing examiner considers appropriate. Rules regarding the admissibility of evidence shall not be strictly applied in the hearing but all testimony shall be under oath. The hearing examiner is authorized to administer oaths. The hearing examiner shall pass upon the admissibility of evidence, but a party may at the time make objections to the ruling of the hearing examiner and if the hearing examiner refuses to admit evidence, the party offering the same shall make a proffer thereof, and such proffer shall be made a part of the record of such hearing.
D. All parties shall have the right to:
1. Offer and examine witnesses and present evidence in support of their case;
2. Cross-examine adverse witnesses;
3. Proffer evidence into the record if its admission has been denied.
The original civil citation issued pursuant to this Chapter or any true copy of it shall be considered a record kept in the ordinary course of business of the City of Columbus and the Department and shall be prima-facie evidence of the facts contained within.
E. All hearings shall proceed as in a trial of a civil action with the City having the burden of proving, by a preponderance of the evidence, that the person for whom the hearing is being conducted committed the violation(s). Upon agreement of the parties and approval by the hearing examiner, hearings may be conducted based on stipulated facts and briefs of the parties. Each party shall provide the hearing examiner and any other parties a proposed list of witnesses and exhibits to be used by that party at the hearing at least five (5) business days prior to the scheduled hearing, if required by the hearing examiner.
F. All parties shall have the right to appear and be heard in person, or have legal counsel, to present their case.
G. The hearing examiner shall issue a written report within ten (10) calendar days of the hearing. The report shall contain a finding of facts, conclusions of law, and recommendation(s) related to the matter. The report shall be forwarded to the both parties. The Director may adopt or reject the recommendation(s) of the hearing examiner.
H. The decision of the Director shall be considered a final appealable order.
(Ord. No. 1984-2023, § 1, 7-31-2023)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT9STPAPUPRCO_CH908CICIEMEN_908.04APDIFetched: 10/27/2026