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The Hearing Board shall be the Code Enforcement Board established pursuant to Chapter Chapter 34.
(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97)
At the hearing, after consideration of the evidence, the Code Enforcement Board shall determine whether a violation was committed. Where it has been established that a violation was committed, the Code Enforcement Board shall uphold the citation, and order the owner to pay the citation within seven (7) days. A copy of such order shall be furnished to the owner. Any person ordered to pay a fine and fails to do so within seven (7) days shall be deemed to have refused to pay the fine levied by the citation.
(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97)
The Code Enforcement Board may consider the parking citation and any other written report made under oath by the officer which issued the citation in lieu of the officer's personal appearance at the hearing.
(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97)
An appeal from the determination may be made to the Rowan District Court within seven (7) days of the Code Enforcement Board's determination. The appeal shall be initiated by the filing of a complaint and a copy of the Code Enforcement Board's order in the same manner as any civil action under the Rules of Civil Procedure. The action shall be tried de novo and the burden shall be upon the City of Morehead to establish that a violation occurred. If the court finds that a violation occurred, the owner shall be ordered to pay the city all fines, fees and penalties occurring as of the date of the judgment. If the court finds that a violation did not occur, the City of Morehead shall be ordered to dismiss the citation and the plaintiff shall be authorized to recover his costs.
(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97; Am. Ord. 23:99, passed 6-14-99)
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