(A) Notice. A person violating this chapter may be issued, either personally or by mail, a citation from the city that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number.
(B) Hearings.
(1) Upon issuance of a citation, a person accused of violating this chapter may request in writing a hearing on the matter. Hearing requests must be made within ten days of the issuance of the citation and delivered to the City Clerk or other designated city officer. Failure to properly request a hearing within ten days of the issuance of the citation will terminate the person’s right to a hearing.
(2) A designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least ten days prior to the hearing.
(C) Hearing Officer. The City Council will designate a hearing officer. The hearing officer will be an impartial employee of the city or an impartial person retained by the city to conduct the hearing.
(D) Decision. A decision will be issued by the hearing officer within ten days of the hearing. 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, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in this section.
(E) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing, up to a maximum of $1,000, must be paid by the person requesting the hearing.
(F) Appeals. Appeals of any decision made by the hearing officer must be filed in County District Court within ten days of the date of the decision.
(G) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(Ord. 212, passed 10-15-2019)