(A) If the violator contests the city's determination of a violation or the amount of fines, fees and costs due, the violator may appeal the determination to the County Superior Court within 30 days after issuance of the city's notice identifying the fines and costs due. Review of the city's determination shall be de novo. Failure to file legal action within the designated time constitutes a waiver of the review.
(B) On review, the city shall have the burden of proving the violation and/or the amount of the fine, fees and costs by a preponderance of the evidence.
(C) (1) If the court determines that a violation existed, or if the review is only of the amount of fines and costs due, the court shall determine the total amount of the fine(s), costs of correction and administrative fee due. In addition, the owner shall also be liable for the city's costs and reasonable attorney's fees. The court shall set the time in which the amount due shall be paid. If the amount due is not paid within the time specified, the city may collect it from the owner as provided in § 96.04.
(2) If the court determines that no violation existed, the notice to correct shall be deemed void and the owner shall not be liable for a fine, administrative fee or costs of correction.
(Ord. 2010-01, passed 2-8-2010; Ord. 2017-08, passed 7-24-2017)