§ 20-105. Notice and hearing.

(a)

A violator is entitled to notice by citation or summons.

(b)

A citation or summons issued pursuant to the procedures adopted under this article must:

(1)

Notify the violator that the person has the right to a hearing;

(2)

Provide information as to the time and place of the hearing;

(3)

State the type, date and location of violation;

(4)

State the penalty range for which the violator may be liable; and

(5)

Provide instructions and the due date for paying penalties, costs and fees, as prescribed by the municipal court clerk in conformance with section 20-106, in lieu of a hearing and payment of which shall be an admission of liability for the violation charged.

(c)

The original or a copy of the summons or citation shall be kept by the municipal court clerk as a record in the ordinary course of business of the city and is rebuttable proof of the facts it states.

(d)

The person who issued the citation or summons is not required to attend a hearing under this article.

(e)

A violator who fails to appear at a hearing authorized under this article is considered to admit liability for the violation charged. The administrative hearing officer shall issue an order of liability and assess appropriate penalties, costs and fees against the violator in conformance with section 20-106 of this article.

(f)

At a hearing under this article, the administrative hearing officer shall issue an order stating whether the violator is liable for the violation. Upon a finding of liability, the administrative hearing officer shall issue an order:

(1)

Assessing the penalty, costs and fees; and

(2)

Requiring abatement of the violation by a specific date.

(g)

Upon a finding of liability, the administrative hearing officer may set the date and time for a compliance hearing. A copy of the order shall be provided to the violator as notice of the compliance hearing.

(h)

If, at a compliance hearing, the administrative hearing officer finds that the violator has remedied or abated the violation, the administrative hearing officer may reduce the applicable penalty, fees and costs.

(i)

If, at a hearing under this article, the administrative hearing officer finds the violator is not liable for the violation, the violator shall not be responsible for any penalty, cost or fee.

(j)

An order issued pursuant to this article may be filed with the municipal court clerk, who shall keep the order in a separate index and file. The order may be recorded using microfilm, microfiche, or data processing techniques.

(Ord. No. 2012-10-04-0780, § 2, 10-4-12)