(A) Appeals process. Assessments of civil penalty(ies) and other enforcement decisions made under this chapter may be appealed by filing a written notice of appeal with the town’s Police Department within ten days after the date of notification of the assessment of civil penalty(ies) or other enforcement decision. The failure to give notice of appeal within this time shall constitute a waiver of the right to contest the assessment of penalty(ies) or other enforcement decision. Appeals shall be heard by the Town Manager or his or her designee, who shall serve as the hearing officer for purposes of this chapter. Decisions by the Town Manager or his or her designee shall constitute a final decision of the town upon the appeal. The Hearing Officer’s decision is subject to review in the Superior Court by proceedings in the nature of certiorari.
(B) Appeal standard. The Hearing Officer shall review an appeal from the assessment of civil penalty(ies) or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding, a determination that the preponderance of the evidence supports the assessment of civil penalty(ies) or other enforcement decision, the Hearing Officer shall have the discretion to dismiss or reduce civil penalty(ies) or reverse any other enforcement decision upon the finding of compelling circumstances.
(Prior Code, § 97.08)