A. General: The following general principles will apply in the event that a party violates a Court order or voluntary abatement agreement that has been adopted by the Court as an order:
1. In the event that a defendant fails, neglects, or refuses to comply with an order of the Court or fails, neglects, or refuses to comply with the terms of the voluntary abatement agreement that has been adopted as an order of the Court pursuant to City Code subsection 10.29.112B2, the City may file a written motion to re-open the civil case and request imposition of further remedies and penalties by the Court.
2. Remedies can be in addition to proceeding with contempt of court.
3. No temporary restraining order shall be issued.
B. Procedure: The following procedures shall apply upon motion by the City for failure of a defendant to comply with a Court order or voluntary abatement agreement adopted by the Court:
1. No advance written notice shall be required to re-open the civil action. City Code section 10.29.105 is inapplicable to this subsection.
2. The City shall file a written motion detailing the alleged violation of the Court order as well as a request for imposition of additional remedies. The City shall serve the motion upon all defendants. Service shall be by first-class mail to the last known address of the defendant as described in City Code subsection 10.29.104M.
3. Upon receipt of a motion under this subsection, the Court shall re-open the civil case and set a hearing on the motion. Scheduling of this hearing shall be as described in City Code subsection 10.29.108F. This hearing is not a trial on the merits pursuant to City Code section 10.29.110, and all issues of law and fact shall be heard by the Court and not a jury.
4. At the hearing on the City's motion, it shall be the burden of the City to show by a preponderance of the evidence that the defendant(s) violated the Court order or voluntary abatement agreement adopted by the Court, as alleged.
5. In any hearing regarding an allegation of noncompliance with a Court order or voluntary abatement agreement, the Court shall temper the rules of evidence and admit hearsay evidence unless the Court finds that such hearsay evidence is not reasonably reliable and trustworthy. The Court shall also take judicial notice of the Court File, including the relevant Court order or Voluntary Abatement Agreement.
6. After the hearing, the Court shall make written findings of facts regarding whether the City has proven that the defendant(s) violated an order of the Court, and the Court shall order additional remedies if applicable.
C. Remedies: If the Court finds that a party has violated the terms of a Court order, the remedies and potential orders include any remedy listed in City Code section 10.29.111. These remedies will be cumulative, or consecutive, to any remedies previously imposed including an additional civil judgment and assessment of additional costs, fees and expenses. The Court shall issue a written order detailing which remedies are being imposed. The Court may also issue an order to close/detain the vehicle as stated in City Code subsection 10.29.111B. (Ord. 23-01)