(A) Appeals process. Assessments of civil penalties and other enforcement decisions made under this subchapter may be appealed by filing a written notice of appeal with the city within 30 days after the date of notification of the assessment of civil penalties or other enforcement decision. The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the assessment of penalties or other enforcement decision. Appeals shall be heard through an administrative process established by the Police Department. The hearing officer’s decision is subject to review in the Superior Court of the county by proceedings in the nature of certiorari.
(B) Appeal standard. The hearing officer shall review an appeal from the assessment of civil penalties or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding a determination that the preponderance of the evidence supports the assessment of civil penalties or other enforcement decision, the hearing officer shall have the discretion to dismiss or reduce civil penalties or reverse any other enforcement decision where warranted.
(Ord. 85, passed 10-12-2006)