A. The CUPA shall issue a written complaint to any person or business subject to an administrative civil penalty under Section 17.21.220. The complaint shall allege the acts or failures to act that are the basis for the administrative civil penalty and the proposed amount of the administrative civil penalty. The complaint shall be served on the person or business by personal service or certified mail, and shall inform the person or business being served that a hearing shall be conducted by no later than sixty days after service of the complaint unless the business waives the right to a hearing on the proposed penalty. The business shall request a hearing by written notice to the CUPA within ten days after the service of the complaint. The written request for hearing shall be served on the CUPA in person or by first class mail. Failure by any person or business to respond within ten days shall be deemed as a waiver of right to a hearing.

B. If the person or business served with the complaint waives the right to a hearing, the CUPA shall issue an order requiring the person or business to pay the administrative civil penalty in the amount specified in the complaint, unless the person or business and the CUPA have entered into a settlement agreement, in which case the person or business shall pay the amount specified in the settlement agreement.

C. The hearing on the proposed administrative civil penalty shall be heard by the fire chief or a hearing officer designated by the fire chief.

D. At the hearing, a representative of the CUPA shall set forth the facts which justify the penalty, the applicable provisions of the ordinance, state law, or CUPA orders or notices that have been violated, and the factors relied upon by the CUPA in setting the amount of the proposed penalty.

E. The person or business may appear in person or by agent or legal counsel and may present information relevant to the charges or the proposed penalty.

F. In conducting the hearing, the hearing officer shall receive information, evidence, and testimony relevant to the alleged violation and the penalty to be imposed. The formal rules of evidence shall not apply, but evidence presented shall be of the type which responsible persons are accustomed to rely on in the conduct of serious affairs,

G. If the hearing officer determines that an administrative civil penalty is justified, the hearing officer shall consider all of the relevant circumstances in setting the amount of the penalty, including but not limited to the extent of the harm or potential harm caused by the violation, the nature of the violation(s) and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person or business that holds the permit.

H. The hearing officer shall issue its decision in writing no later than thirty days after the hearing. The written decision of the hearing officer shall include findings which explain the basis for imposition of the administrative civil penalty and the amount of the penalty and an order for payment of the penalty within thirty days. Copies of the order shall be served by personal service or certified mail upon the person or business served with the complaint and upon any other persons who appeared at the hearing and requested a copy.

I. Within thirty days after service of a copy of the decision of the hearing officer, the person or business may file with the superior court a petition for a writ of mandate for review of the decision. If the person or business fails to file the petition within this thirty day period, it may not later challenge the reasonableness or validity of the hearing officer’s decision in any legal action brought by the CUPA to enforce the decision, or any order, or to seek other legal remedies.

J. All administrative civil penalties shall be paid within thirty days of the issuance of the hearing officer’s decision and order. The filing of a writ of mandate shall not stay the accrual of administrative civil penalties imposed by the hearing officer.

K. This section shall supplement any other legal remedies and shall not preclude the CUPA from filing a civil or criminal action against the person or business to enforce the ordinance or any orders or notices issued by the CUPA or to assess administrative civil penalties. The decision of the hearing officer may be appealed to the council.