(A) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation.
(B) Hearing. If a person accused of violating this subchapter so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.
(C) Hearing officer or panel. The City Attorney’s office or its designee is hereby appointed as the hearing officer.
(D) Decision. If the hearing officer determines that a violation of this subchapter did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed under § 113.99 of this chapter, 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, these findings shall be recorded and a copy provided to the acquitted accused violator.
(E) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court having jurisdiction of the city.
(F) Prosecution as a misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this subchapter. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
(G) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(2004 Code, § 113.12) (Ord. 98-220, passed 4-14-1998; Ord. 23-842, passed 9-26-2023) Penalty, see § 113.99