(A) A petition to set aside a determination of liability may be filed by a person owing an unpaid fine or penalty with the office of the Ordinance Enforcement Administrator within, but not later than, 14 days from the date the determination of liability is made. The Ordinance Enforcement Administrator shall act upon a petition timely filed and render a decision thereon within 14 days of the date filed.
(B) The grounds for setting aside a determination of liability shall be limited to the following:
(1) The person against whom the determination of liability is made was not the owner or operator of the cited vehicle on the date the violation notice was issued;
(2) The person has paid the fine or penalty prior to the determination of liability for the violation in question; and
(3) One excusable failure to appear at the hearing, or one request for a new date for a hearing.
(C) Should the determination of liability be set aside, the Ordinance Enforcement Administrator shall notify the person receiving the notice of ordinance violation, or the registered owner, operator or lessee of the cited vehicle, as the case may be, that the determination of liability has been set aside. He or she shall also notify the person of the date, time and place for a hearing on the merits. The notice shall be by first class mail, postage prepaid, to the address set forth on the petition to set aside the determination of liability, and shall be complete on the date the notice is deposited in the United States mail.
(Ord. 96-07, passed 2-13-1996)