(a) A petition to set aside a determination on a violation may be filed by the defendant owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth:
(1) A written petition to set aside a determination of liability must be filed in the office of the Compliance Administrator within, but not later than, 14 days from the date the determination of liability is made.
(2) The grounds for setting aside a determination of liability shall be limited to the following:
A. The defendant paid the fine or penalty prior to the determination of liability for the violation(s) in question; and
B. Excusable failure to appear at, or to request a new date for, a hearing.
(b) Should the determination of liability be set aside, the Compliance Administrator shall serve notice of the setting aside of the determination of liability. The notice of the hearing date shall be served by first class mail, postage prepaid, to the address set forth on the petition to set aside the determination of liability. Service of the notice shall be complete on the date the notice is deposited in the United States mail.
(Ord. 1240. Passed 10-10-05.)