At the City's sole discretion, a formal action for violations of this Chapter may be commenced by the City Manager, or his or her designee, by issuance of a citation that is substantially in the form established or approved by the City Manager.
(A) If a citation is issued, it shall include relevant information about the violator, such as full name, residence address, driver's license number (if any), and vehicle license number (if applicable), and shall advise the person of the violation(s) committed. The citation shall direct the person within ten (10) calendar days to appear before the City Hearing Officer. The citation shall further notify the person that if he or she fails to appear on or before the date specified in the citation, a judgment by default will be entered and the Hearing Officer may, in his discretion, impose a civil sanction not exceed $250.00. The citation shall be served by delivering or mailing a copy to the person, with service becoming effective either immediately upon personal service or five (5) calendar days from the date of mailing.
(B) The person shall within ten (10) days of the issuance of the citation appear in person or through his attorney before the Hearing Officer and shall either admit or deny the allegation contained in the citation. If the person admits the allegations, the Hearing Officer shall enter judgment against the person and impose a civil sanction for the violation. If the person denies the allegations, the Hearing Officer shall set the matter for hearing. At the hearing, the proceedings shall be informal, except that testimony shall be given under oath or affirmation. The technical rules of evidence shall not apply, except for statutory provisions relating to privileged communications. The City shall have the burden of proving all violations by a preponderance of the evidence. No prehearing discovery shall be permitted except under extraordinary circumstances as determined by the Hearing Officer. The Hearing Officer is authorized to make such orders as may be necessary or appropriate to fairly and efficiently determine the truth and decide the case at hand. Upon a finding by the Hearing Officer after the conclusion of the hearing that the person violated this Chapter, the Hearing Officer shall enter a finding of responsibility and judgment against the person and impose a civil sanction. Each day of violation shall be considered a separate offense, if so alleged in the citation. If the person fails to appear at the hearing, the allegations in the citation shall be deemed to be admitted and the Hearing Officer shall enter judgment in favor of the City and impose a civil sanction.
(C) An appeal from a final judgment of the Hearing Officer may be taken pursuant to the rules of procedure for special actions of the Arizona Supreme Court.
(D) Any civil fine or judgment for civil sanctions issued pursuant to this Chapter shall constitute a lien against the real property of the responsible party that may be perfected by recording a copy of the fine or judgment with the Cochise County Recorder. Any judgment for civil fines pursuant to this Chapter may be collected as any other civil judgment.
(Ord. 2010-012, passed 6-24-10)