A. Authority to Extinguish: Any burning not in compliance with this Chapter and all burning of prohibited waste may be extinguished by the Fire Department or Police Department. Fire Department or Police Department personnel may enter upon the property of persons in order to extinguish any fire burning in violation of this Chapter.
B. Civil Penalty: Any violation of this Chapter shall also be assessed a Class C infraction pursuant to Section 1-4-1 of this Code. The Police Department shall notify the responsible person of the civil fine by issuance of a citation specifying the type of violation, amount of the fine and a date by which payment shall be made to the City.
C. Hearing Before Municipal Court: Any time prior to the date set for payment of the penalty, the person may request a hearing before the City Municipal Court.
1. Upon receipt of a request for hearing, the City shall schedule a hearing before the Municipal Court for a date not more than thirty (30) days from the date of the request.
2. Every hearing under this Chapter shall be held before the Municipal Court without a jury.
3. The person cited, or the City, may produce any relevant evidence and produce any witnesses to alleged violations at the hearing.
4. All relevant evidence shall be admitted at the hearing.
5. Except for determination of relevance, the Oregon Rules of Civil Procedure and the Oregon Rules of Evidence shall not apply at such hearing.
6. If the person alleged to have violated this Chapter desires witnesses to appear involuntarily, he must request the Municipal Court subpoena such persons at least five (5) days prior to the scheduled hearing. The person will be responsible for all witness fees and mileage necessary to secure the attendance of such witnesses at the hearing.
7. If the Municipal Court determines the violation did occur, the Court may order the person to forfeit any witness fees paid by the City in connection with the hearing.
8. An alleged violator may be represented by legal counsel, but shall have no right to court appointed counsel at public expense.
9. The City shall have the burden of proving the alleged ordinance violation by a preponderance of the evidence.
10. After consideration of the evidence presented at the hearing, the Court shall determine whether the violation has been established and shall enter an order either that the violation has been established or that the citation shall be dismissed. A copy of this order shall be delivered to the person within ten (10) days of the date of the hearing. The order shall include a brief statement of the findings of fact establishing the violation.
11. There shall be no administrative appeal or legal review from the determination by the Municipal Court of the violation of this Chapter. However, each person assessed a penalty under this Chapter shall be advised in writing that even though no direct right of appeal exists, it is possible legal relief might be obtained.
12. Failure of a person to appear at a hearing he has requested will result in establishment of the violation and the penalty. (Ord. 497-93, 8-9-93)