5-13-4: HEARING PROCEDURE:

   A.   Request For Modification: Any responsible party who receives an invoice for mitigation costs shall have an opportunity to meet with the Fire Chief, Police Chief or his or her designee to request a modification of mitigation costs. The responsible party shall request in writing such meeting within ten (10) calendar days of the date of mailing of the invoice assessing the mitigation costs. If after meeting with the Fire Chief, Police Chief or his or her designee, the responsible party is still not satisfied, he or she may request a hearing before a Hearing Officer. Any responsible party aggrieved by the determination of being a responsible party and/or the assessment of mitigation costs who desires a hearing before a Hearing Officer must first meet with the Fire Chief, Police Chief or his or her designee as provided above before requesting a hearing on the same.

   B.   Appeal: Any responsible party aggrieved by the determination of being a responsible party and/or the assessment of mitigation costs who desires a hearing shall submit the request in writing to the City Clerk within thirty (30) calendar days of the date of mailing of the itemized invoice. Upon receipt of the written request for hearing, the City Clerk shall, within ten (10) days or sooner if deemed necessary by the Fire Chief or Police Chief, present the itemized invoice of mitigation costs to the Hearing Officer for consideration. The Hearing Officer shall fix a time, date and place for hearing the determination of being a responsible party and/or the assessment of mitigation costs and/or any protests or objections thereto. Appointment of and proceedings before the Hearing Officer shall be consistent with title 3, chapter 1, article A of this Code to the extent such are not inconsistent with this chapter. A request for hearing shall not prevent the City from pursuing the claim by means of other lawful process, including small claims or civil litigation. (1952 Code § 7-02-04)