SEC. 7-148.4. PROTECTED ACTIVITIES.

   The provisions of sections 7-148.2 and 7-148.3 shall not apply to legally protected religious activities.

(Ord. No. 2734)

SEC. 7-148.5. FINES.

   An enforcement officer may issue a civil citation for a violation of section 7-148.2 or a violation of section 7-148.3. Any person who violates said sections is subject to a fine in accordance with section 7-56 of Article III of Chapter 7 of this code.

(Ord. No. 2734)

SEC. 7-148.6. CIVIL LIABILITY FOR ENFORCEMENT SERVICES.

   When a party, gathering, or event prohibited by section 7-148.3 occurs and police officers or code compliance officers are called to the scene, the person(s) having control of the residence or premises shall be liable for the cost of providing enforcement services. If the person having control is a minor and if a parent or legal guardian is served with a copy of the civil citation issued to the minor, the parent or legal guardian of that minor shall be liable for the costs incurred for said enforcement services up to the limits allowed by State law.

(Ord. No. 2734)

SEC. 7-148.7. REIMBURSEMENT FOR COST OF ENFORCEMENT SERVICES.

   The actual cost of enforcement services described in section 7-148.6 shall be deemed a debt owed to the city recoverable in a civil action and shall be recoverable in a civil action, including reasonable attorney fees and costs.

(Ord. No. 2734)

SEC. 7-148.8. RESERVATION OF LEGAL OPTIONS.

   The city does not waive its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in section 7-148.9 is in addition to any other statute, ordinance, or law, civil or criminal. This section in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by sections 7-148.2 or 7-148.3.

(Ord. No. 2734)

SEC. 7-148.9. ADMINISTRATIVE HEARINGS.

   (A)   A person who receives a civil citation for a violation of section 7-148.2 or section 7-148.3 may request an administrative hearing.

   (B)   A request for an administrative hearing shall be made on an administrative hearing request form and shall include the grounds for requesting an administrative hearing.

   (C)   Any request for an administrative hearing shall be filed with the city manager within 30 days of the issuance of the civil citation. The request shall be accompanied by a deposit of the fine amount imposed in the civil citation.

   (D)   Unless the hearing was otherwise continued, a person requesting an administrative hearing shall attend the hearing on the date, time, and location specified in the civil citation. Failure to attend the hearing shall constitute an abandonment of the request for an administrative hearing.

(Ord. No. 2734)

SEC. 7-148.10. HEARING PROCEDURES.

   (A)   The administrative hearing shall be conducted by a hearing officer on the date, time, and location specified in the civil citation.

   (B)   The city manager shall ensure that all information relevant to the civil citation is provided to the hearing officer prior to the hearing date. The city manager shall provide the person who received the civil citation with a copy of all information provided to the hearing officer.

   (C)   The person who received the civil citation shall be allowed to testify and to present evidence relevant to any financial hardship or to the violation cited.

   (D)   The civil citation and any other reports prepared by the enforcement officer concerning the violation and provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and of the facts stated in such documents.

   (E)   Neither the enforcement officer nor any other representative of the city shall be required to attend an administrative hearing. The hearing officer shall not require that the enforcement officer submit any evidence other than a copy of the civil citation. The enforcement officer may, in his/her discretion, appear at an administrative hearing and/or submit additional evidence.

   (F)   If a request is made by the person who received the citation or a representative of the city setting forth good cause for a continuance, the hearing officer may continue an administrative hearing.

   (G)   If a continuance is granted, a new hearing date shall be set within 45 days and shall be specified in the notice of continuance. If a continuance is denied, the administrative hearing shall proceed as scheduled. The decision of the hearing officer to grant or deny a continuance shall be final and is not subject to judicial review.

   (H)   An administrative hearing shall be conducted informally without strict adherence to the legal rules of evidence.

   (I)   Failure of the person who received the civil citation to appear at a hearing shall constitute an abandonment of the hearing and a failure to exhaust administrative remedies concerning the violation set forth in the civil citation. Failure to appear by the person who received the citation shall be noted on the notice of decision by the hearing officer which will be mailed to said person.

(Ord. No. 2734)