A. Notices of violations shall be adjudicated as civil violations in the small claims court 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, may appear before the small claims court 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 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 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 was not the owner or the person responsible for the animal and his/her actions did not contribute to the issuance of the notice of violation;
2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; or
3. Such other mitigating circumstances as may be approved by the city law department. (Ord. 8-15, 2015)