(A) Notice. Upon discovery of suspected violation, the alleged violator may be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform 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 subchapter may request in writing a hearing on the matter. Hearing requests must be made within ten business 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 business days of the issuance of the citation will terminate the person’s right to a hearing.
(2) The City Manager or designee 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 business days prior to the hearing.
(C) Hearing officer. The Police Chief or designee shall serve as the hearing officer.
(D) Decision. If the hearing officer determines that a violation did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed under this section, shall be recorded in writing, a copy of which shall 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 ground for not imposing any penalty, the findings shall be recorded and a copy 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 division (E) below.
(E) Appeals. Appeals of any decision made by the hearing officer shall be filed in the District Court having jurisdiction over the city.
(F) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this subchapter by a person 21 years of age or older.
(Prior Code, § 111.055)