Hearing procedure.

San José Municipal Code § 25.11.1770

in effect

25.11.1770 - Hearing procedure. A. The city manager shall conduct the administrative citation hearing for violations of this chapter pursuant to this section and any rules and procedures for the conduct of hearings as adopted by the city manager. B. No hearing to contest an administrative citation before the city manager shall be held unless the fine has been deposited in advance in accordance with Section 25.11.1750.A or an advance deposit hardship waiver has been issued in accordance with Section 25.11.1760. C. A hearing before the city manager shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. D. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. E. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies. F. The administrative citation and any additional report submitted by the director shall constitute prima facie evidence of the respective facts contained in those documents. G. The city manager may continue the hearing and request additional information from the director or the recipient of the administrative citation prior to issuing a written decision. (Ord. 28432.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT25AI_CH25.11AILIWALAST_PT17ADEN_25.11.1770HEPRFetched: 11/1/2026