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(A) The City Clerk shall advise and seek to educate all persons required to perform duties pursuant to this Ordinance. This includes advising all registered lobbyists and lobbyist organizations at least annually of the Lobbyist and Lobbyist Organization Registration and Disclosure Ordinance's deadlines for submitting registration. All prescribed forms shall be clear and easy to complete.
(B) The City Attorney may conduct thorough examinations of reports and conduct any investigations to determine whether this Ordinance has been violated. Any person who believes that this Ordinance has been violated may file a written complaint with the City Attorney pursuant to the requirements of § 2-3-5 of this Ordinance. The City Clerk shall adopt procedures for processing complaints and notifications of violations.
(C) The City Attorney shall seek first to insure voluntary compliance with the provisions of this Ordinance pursuant to § 2-3-5. A person who violates this Ordinance shall be given fifteen (15) consecutive calendar days notice to correct the matter or request a hearing before a City Hearing Officer before fines are imposed. The fifteen day notice shall begin to run on the day the notice is mailed or served in person. The request for hearing shall be submitted to the City Clerk.
(D) Notices under this section shall be deemed properly served and received when the notice has been personally served on the lobbyist or lobbyist organization or sent by registered or certified mail return receipt requested to the last known address of the lobbyist or lobbyist organization.
(E) When the lobbyist, lobbyist organization or person who has been given the fifteen days notice has submitted to the City Clerk a written request for a hearing within the fifteen days allowed in §2-3-7(C) of this Ordinance, a hearing shall be conducted within thirty (30) consecutive calendar days from the day the City Clerk receives the request for hearing. The hearing shall be conducted by a City Hearing Officer at a time and place designated by the Hearing Officer. All witnesses shall be sworn or affirmed and the hearing shall be recorded. The Hearing Officer shall file all findings, conclusions and final orders with the City Clerk and mail a copy to the City Attorney and parties to the hearing at the time of such filing.
(F) An appeal may be taken from any final order issued by the Hearing Officer by filing a Petition for Writ of Certiorari to the District Court of the Second Judicial District within thirty (30) days after the Hearing Officer files the findings, conclusions and final order with the City Clerk. The petition shall be limited to the record of the proceedings before the Hearing Officer. The petitioner shall file a true and correct copy of the record of the proceedings before the Hearing Officer with the District Court within thirty (30) days after filing the Petition for Writ of Certiorari. The Hearing Officer or City Clerk shall charge the petitioner a reasonable fee for the cost of time and materials to reproduce the record. The decision of the hearing officer shall be affirmed unless the decision is found to be arbitrary, capricious or an abuse of discretion unsupported by evidence in the record taken as a whole or otherwise not in accordance with law.
(G) The Hearing Officer shall prepare a written report of his or her findings and decision within ten (10) City working days after the hearing and shall provide copies to the parties and the City Attorney and shall file the findings, conclusions and the final order with the City Clerk.
(H) Any person who files a statement required by this Ordinance, including but not limited to registration and disclosure statements, after the deadline imposed by this Ordinance or any person who files a false or incomplete statement shall be liable for and shall pay the City at or from the time initially required for the filing, fifty dollars ($50.00) per day for each regular working day after the time required for the filing of the statement until the complete report is filed up to a maximum of five hundred dollars ($500.00). Any person who knowingly and willfully violates any of the provisions of this Ordinance shall be punished by a fine of up to five hundred dollars ($500.00) and may have his lobbyist or lobbyist organization registration revoked or his lobbying or lobbying campaigning activities enjoined for up to three (3) years.
(Ord. 62-2001; Am. Ord. 38-2002; Am. Ord. 5-2003)