§ 33.168 DUTY TO APPEAR.

   Any person upon whom a citation is issued pursuant to this subchapter shall appear in person or by attorney at the Ordinance Violations Bureau, or such other place as is approved by the Violations Clerk, to either admit or deny the violation within seven days of the date of issuance of the citation. For purposes of this section, payment of the designated civil penalty within seven days of the date of issuance of the citation fulfills the duty to appear in person or by attorney and shall be deemed an admission of the violation.

(Ord. 2006-8, passed 7-18-06)

§ 33.169 PROCEDURE ON ADMISSION OF VIOLATION.

   If a violation subject to this section is admitted to the Ordinance Violations Bureau, the civil penalty specified in this section for such violation shall be paid to the city in a manner authorized by the City Controller.

(Ord. 2006-8, passed 7-18-06)

§ 33.170 PROCEDURE ON DENIAL OF VIOLATION, FAILURE TO APPEAR OR FAILURE TO PAY.

   If a person upon whom a citation is served pursuant to this section:

   (A)   Appears and denies the violation; or

   (B)   Fails to appear and either admit or deny the violation within ten days of issuance of the citation; or

   (C)   Fails to pay the specified civil penalty within seven days after admitting the violation; the Violations Clerk shall report such circumstances to the city prosecutor for appropriate administrative or judicial proceedings against such person, including imposition of fines, court costs and costs of litigation, including reasonable attorney fees.

(Ord. 2006-8, passed 7-18-06)

§ 33.171 LIMITATIONS.

   The civil penalties specified in this section shall apply only to violations admitted as provided in this section and shall be considered offers in compromise. If administrative or judicial proceedings are initiated for such violation, the specific penalties for such violation or the general penalties of the Code shall be applicable to the violation.

(Ord. 2006-8, passed 7-18-06)

§ 33.172 CONTINUING VIOLATIONS.

   Violations which continue from day to day may be considered as a series of separate violations, one for each calendar day such violation continues, beginning on the day when the first notice of violation ("citation") is issued.

(Ord. 2006-8, passed 7-18-06)

§ 33.173 DIVERSION PROGRAM.

   If a person charged with an ordinance violation pays the civil penalty as provided in § 33.163 and pays an additional "diversion fee" equal to the amount of the civil penalty therein referred to, then the violation will be kept in the files of the City of Madison Ordinance Violation Bureau for a period of only one year, and will not be disclosed to other authorities during that time. However, notwithstanding the foregoing, if the person in question enters an admission of another instance of the same violation, or is found guilty of such an additional violation by a court as provided by law, during the aforementioned one-year period, then both violations shall be entered as admissions and kept on record for three years and shall be subject to disclosure as provided by law.

(Ord. 2006-8, passed 7-18-06)

PUBLIC ARTS COMMISSION