(A) Purpose. Administrative offense procedures established pursuant to this section are intended to provide the public and the city with an informal, cost- effective and expeditious alternative to traditional criminal charges for violations of certain Code provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as is provided for in division (I), the individual may withdraw from participation in the procedures, in which event, the city may bring criminal charges. In addition, the city, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the city may seek to collect the costs of the administrative offense procedures as part of any subsequent criminal sentence, in the event the party is charged and is adjudicated guilty of the criminal violation.
(B) Administrative offense defined. An administrative offense is a violation of a provision of this Code and is subject to the administrative penalties set forth in a schedule of offenses and penalties referred to in division (I), hereafter.
(C) Notice. Any officer of the City Police Department, or any other person employed by the city, authorized in writing by the City Manager, and having authority to enforce this code, shall, upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date and time of violation, the name of the official issuing the notice, and the amount of the scheduled penalty.
(D) Payment. Once such notice is given, the alleged violator may, within seven days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request a hearing in writing, as is provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation.
(E) Hearing. Any person contesting an administrative offense pursuant to this section may, within seven days of the time of issuance of the notice, request a hearing by a hearing officer, who shall forthwith conduct an informal hearing to determine if a violation has occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed.
(F) Hearing Officer. A city employee designated in writing by the City Manager shall be the hearing officer. The hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this section.
(G) Failure to pay. In the event a party charged with an administrative offense fails to pay the penalty, criminal charges may be brought against the alleged violator in accordance with applicable statutes. If the penalty is paid, or if the individual is found not to have committed the administrative offense by the hearing officer, no such charge may be brought by the City for same violation.
(H) Disposition of penalties. All penalties collected pursuant to this section shall be paid to the City Finance Director and shall be deposited to the city’s General Fund.
(I) Offenses and penalties. Offenses which may be charged as administrative offenses and the penalties for such offenses shall be established by ordinance of the City Council from time to time. Copies of such ordinances shall be maintained in the office of the City Manager.
(J) Subsequent offenses. In the event a party is charged with a subsequent administrative offense within a 12-month period of paying that administrative penalty for a same or similar offense, the subsequent administrative penalty shall be increased by 25% above the previous administrative penalty.
(Ord. 647, passed 8-19-2003)