(a) Within 15 days after the issuance of any citation for a violation of any weight limitations imposed by this chapter, or any term or condition of a permit issued under 9-72-070, the owner or operator may file a written request for a hearing before the department of administrative hearings to challenge whether a violation has occurred. The hearing date must be scheduled no later than 30 days after the request for a hearing is filed.
(b) If at the hearing, the administrative law officer determines that the owner or operator violated any weight limitations imposed by this chapter, or any term or condition of a permit issued under 9-72-070, the administrative law officer shall enter an order finding the owner and/or operator liable to the city for the amount of the administrative penalty prescribed for such violation. Any penalty imposed shall first be satisfied from the proceeds of the deposit required in Section 9-72-090.
(c) If at the hearing, the administrative law officer determines that the owner or operator did not violate any weight limitations imposed by this chapter, or any term or condition of a permit issued under 9-72-070, the administrative law officer shall enter an order finding the owner and/or operator not liable to the city and order return of the proceeds of the deposit.
(d) If the owner or operator fails to request a hearing in a timely manner, or requests a hearing but fails to appear at the hearing, the owner and operator shall be deemed to have waived his or her right to a hearing and if a money order deposit bond was deposited pursuant to Section 9-72-090, the funds so deposited shall be forfeited to the city, or if an individual recognizance bond was granted, the administrative law officer shall enter a order of default in an amount equal to the administrative fines prescribed for such violation.
(e) An administrative penalty shall constitute a debt owing to the city which may be enforced pursuant to Section 2-14-103, or in any other manner provided by law.
(f) Service of the citation on the operator of the truck shall constitute service of notice of the violation on the owner of the truck.
(Added Coun. J. 12-7-05, p. 64870, § 1.4)