(A) Contesting the violation.
(1) Any person who has received a notice of violation issued under this chapter may contest the alleged violation before the city’s Hearing Officer within 28 days from the notice of violation. The Hearing Officer shall conduct an informal civil hearing to determine whether a violation occurred. The notice of violation shall constitute prima facie evidence that the violation alleged actually occurred.
(2) If the Hearing Officer finds by a preponderance of the evidence that a violation occurred and no applicable defense exists, the person to whom the notice of violation was issued shall pay the fine within five days. The Hearing Officer may, in the interest of justice and on behalf of the city, sign an agreement setting a different payment deadline or establishing a payment plan.
(Prior Code, § 10.10.250)
(B) Defenses. It shall be a defense to violating this chapter if:
(1) At the time of the violation, the vehicle was in the possession of a third party in violation of the criminal laws of the state;
(2) Compliance with this chapter would have presented an imminent, and irreparable, injury to persons or property; or
(3) Such other defenses as approved by the City Attorney’s office.
(Prior Code, § 10.10.270)
(Ord. 04-2018, passed 4-18-2018)