A. Notices of violation shall be adjudicated as civil violations in accordance with the procedures set forth in title 2, chapter 2.75 of this Code.
B. Any person having received a notice of violation, as provided in this chapter, shall appear before a City Hearing Officer and present and contest such alleged violation.
C. The burden to prove any defense shall be upon the person raising such defense. Nothing herein shall affect the City's burden to prove each element of the underlying charge by a preponderance of evidence.
D. If the City Hearing Officer finds that no violation as set forth in the notice of violation has occurred or that such a violation has occurred but one (1) or more of the affirmative defenses set forth in this section is applicable, the Hearing Officer may dismiss the notice of violation and release the recipient of the notice from liability thereunder or the Hearing Officer may reduce the penalty associated therewith. Such affirmative defenses are:
1. At the time of the receipt of the notice of violation, the person receiving such notice of violation:
a. Was not an owner or other responsible party with respect to the business at issue; and
b. Did not engage in any actions or omissions that contributed to the violation at issue;
2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property;
3. All remedial requirements outlined in the notice of violation were completed on or before the compliance date;
4. Such other mitigating circumstances expressly described in this title that correspond to specific violations of an ordinance in this title; or
5. Such other mitigating circumstances as may be approved by the City Attorney's Office.
E. Any person not satisfied with the outcome of their appearance before the City Hearing Officer with respect to the notice of violation they received, may appear before the small claims court to contest such alleged violation.
F. If the alleged ordinance violation involves an ordinance located in chapter 5.08, 5.09, 5.14, 5.15, 5.51, 5.61, 5.71, or 5.72 of this title, then the more specific enforcement provisions and processes set forth in the chapter that corresponds to the violation shall supersede the provisions of this section. (Ord. 31-17, 2017)