(A) Upon report of a violation, the violator shall be issued, either personally or by mail, a notice that sets forth the violation and the penalty therefore, and which shall inform the alleged violator of his or her right to be heard on the accusation.
(B) If a person accused of violating this chapter so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. If no request for a hearing is received by the City Clerk/Administrator within ten working days of the date of the notice, the right to a hearing shall be deemed waived and the penalty shall be final.
(C) The City Council shall serve as the hearing officer.
(D) If the hearing officer determines that a violation of this chapter did occur, that decision, along with the hearing officer's reasons for finding a violation together with the penalty to be imposed, 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, the findings shall be recorded and a copy provided to the acquitted accused violator.
(E) Appeals of any decision of the hearing officer shall be made to the County District Court.
(F) Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
(G) Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(Ord. 101, passed 2-26-1998)