(A) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued a citation from the County Sheriff, either personally or by certified mail, that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation.
(B) Hearings. If a person accused of violating this chapter so requests in writing, a hearing shall be scheduled within ten to 14 days of the violation or such right will be forfeited, the time and place of which shall be published and provided to the accused violator.
(C) Hearing Officer. The city official designated by the City Council or its designee shall serve as the Hearing Officer. The Hearing Officer must be an impartial person retained by the city to conduct the hearing.
(D) Decision. If the Hearing Officer determines that a violation of this chapter did occur, that decision, along with the Hearing Officer’s reasons for finding a violation and the penalty to be imposed under § 112.99, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the Hearing Officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
(E) Appeals. Appeals of any decision made by the Hearing Officer shall be filed in the District Court of the county.
(F) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
(G) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. If a penalty were lower than the penalty for the infraction under state law, the state law penalty would apply.
(2009 Code, § 504.15) Penalty, see § 112.99