(A) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued an administrative notice that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation.
(B) Hearings.
(1) Upon issuance of a citation, a person accused of violating this chapter may request in writing a hearing on the matter. Hearing requests must be made within ten business days of the issuance of the citation and delivered to the City Clerk or other designated city officer. Failure to properly request a hearing within ten business days of the issuance of the citation will terminate the person's right to a hearing.
(2) The City Clerk or other designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least ten business days prior to the hearing.
(C) Hearing Officer. The City Council shall serve as the Hearing Officer. If the citation is upheld by the Hearing Officer, the city's actual expenses in holding the hearing up to a maximum of $1,000 shall be paid by the person requesting the hearing.
(D) Decision. If the Hearing Officer determines that a violation of this chapter did occur, that decision, along with the Hearing Officer's reasons for finding a violation and the penalty to be imposed under § 112.99, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the Hearing Officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
(E) Appeals. An appeal of any decision made by the Hearing Officer shall be filed in the County District Court.
(F) Misdemeanor prosecution. Nothing in this section prohibits the city from seeking prosecution as a misdemeanor for an alleged second violation of this chapter by a person 21 years of age or older within five years of a previous conviction under this chapter.
(G) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(Ord. 98-3, passed 3-25-1998; Ord. 15-09, passed 10-12-2015; Ord. 21-01, passed 5-10-2021)