§ 93.10  ENFORCEMENT PROCEEDINGS; ADMINISTRATIVE.
   (A)   As an alternative to enforcement pursuant to the issuance of a misdemeanor citation as set forth in § 93.99, the Air Park Supervisor is hereby authorized to issue a notice of violation to any aircraft, aircraft owner, aircraft operator, if known, or any other person for any violations of §§ 93.06 or 93.07.
   (B)   Presumptions.  If the actual pilot of an aircraft cannot be identified, the owner or owners, or the lessee, of an aircraft shall be presumed to be the pilot of the aircraft with authority to control the aircraft's operations, or presumed to have authorized or assisted the operation.  Such presumption may be rebutted if the owner(s) or lessee identifies the person who in fact was the pilot at the time of the violation.  In the case of any training flight in which both an instructor pilot and a student pilot are in the aircraft which is flown in violation of any of the provisions of this chapter, the instructor pilot shall be presumed to have caused such violation.
   (C)   Notice of violation.
      (1)   A notice of violation shall include a citation of the section violated, the time and date of the violation, the type and registration number of the aircraft, the name of the aircraft owner, the pilot, if known, and any other pertinent information. A notice of violation is meant to warn an alleged violator of the violation and advise such person of the consequences involved in further violations of this chapter.
      (2)   A notice of violation shall be either hand-delivered or sent by registered mail to the aircraft owner and/or the aircraft operator, if known, within 30 days of the date of violation.
   (D)   Right to appeal the notice of violations.
      (1)   Within 30 days after receipt of the notice of violation an alleged violator may request a hearing to determine whether a violation of this chapter has been committed and whether the alleged violator committed or was responsible for the commission of the violation.  The hearing shall be requested by sending a notice of appeal by registered mail to the office of the Clerk to the Special Master of Code Enforcement and the Air Park Supervisor.  In the event the alleged violator does not timely file a notice of appeal with the Clerk to the Special Master and Air Park Supervisor, the right to a hearing shall be deemed waived and the notice of violation shall be deemed final and binding on all parties.
      (2)   The notice of appeal shall be in writing and shall demand that the notice of violation be set for hearing.  The notice of appeal shall include the mailing address to which all further notices shall be sent.  Notice sent to the address provided in the notice of appeal shall be deemed properly served.
      (3)   The Clerk to the Special Master of Code Enforcement shall set the notice of appeal for a hearing before the Special Master for Code Enforcement and provide notice of hearing as established in Chapter 37.  The hearing shall be set within 30 days of the receipt of the notice of appeal by the Clerk to the Special Master of Code Enforcement.
      (4)   The Special Master for Code Enforcement shall conduct a quasi-judicial hearing to determine whether a violation of this chapter has been committed and whether the alleged violator committed or was responsible for the commission of the violation.  The hearing shall be conducted in conformity with the procedures established for quasi-judicial procedures set forth in § 30.08(D) and (E) provided however that the term “Mayor” and/or “City Commission” shall be substituted with the term “Special Master for Code Enforcement” and the term “City Clerk” shall be substituted with the term “Clerk to the Special Master of Code Enforcement.”
      (5)   The burden of proof shall be with the Air Park Supervisor or his/her designee to show by the greater weight of the evidence that a violation of this chapter has been committed and that the alleged violator committed or was responsible for the commission of the violation.
      (6)   The authority of the Special Master shall be limited to a determination as to whether a violation of this chapter has been committed and whether the alleged violator committed or was responsible for the commission of the violation.  The Special Master's finding shall be set forth in an appropriate order which shall contain findings of fact and conclusions of law.
   (E)   Special Master's decision.
      (1)   Written notice of the Special Master's decision on the notice of appeal shall be given to the party filing the notice and any other parties involved within 30 days after receipt of the notice.
      (2)   The decision of the Special Master shall be final and binding upon all parties.
   (F)   Denial of use of Air Park.  In the event that any aircraft owner or operator has three or more violations of §§ 93.06 or 93.07 within any three-year period, then for a period of one year after the date of the third violation, the aircraft owner or operator shall be denied the right to land or take off from the Pompano Beach Air Park, except in a bona fide emergency situation.  The aircraft owner or operator shall be denied the right to lease, rent or use space for aircraft (including tie-down) at the Air Park insofar as the city has the right to deny such use of the Pompano Beach Air Park.
   (G)   Revocation of permits, leases, and licenses.  Any person or entity owning a permit, lease, license, or franchise under this chapter who violates any provision of this chapter shall to the extent permitted by law have his permit, lease, license, or franchise subject to revocation by the city.
(Ord. 95-79, passed 7-18-95)