(A) If on the dates set for the hearing the alleged violator or his or her attorney or designee fails to appear, the Hearing Officer may find the alleged violator in default and shall proceed with the hearing and accept evidence relevant to the existence of a Code violation. The Hearing Officer may enter a judgment by default providing for fines and penalties up to the maximum amount set forth in Code for the violation and for such remedial and abatement measures as the Hearing Officer determines necessary to correct the violation.
(B) Upon finding the alleged violation in default, the Code Administrator shall send or cause to be sent notices by first class mail, postage prepaid to the violator who received the notice of an ordinance violation. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
(C) Upon failure of the person receiving a notice of a violation to appear at the time and date designated for a hearing in the case of a violation of the City Motor Vehicle Code and failure of the registered owner, operator, or lessee of the "cited vehicle" to pay the fine in full as stated on said notice, the Code Administrator shall send or cause to be sent notices by first class mail, postage prepaid to the person who received the notice; or, the registered owner or operator of the "cited vehicle" at the address as is recorded with the Secretary of State, and shall be sent to the lessee of the "cited vehicle" at the address last known to the lessor of the "cited vehicle" at the time of the lease. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
(D) The Hearing Officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within twenty one (21) days after the issuance of the order of default, if the Hearing Officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the Municipality did not provide proper service of process. If any judgment is set aside pursuant to this subsection, the Hearing Officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the Municipality as a result of the vacated default judgment. (Ord. 3143, 6-3-2019; amd. Ord. 3204, 7-20-2020)