09-10-2014 Council Agenda - Laserfiche WebLink

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(a) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. (b) Administrative Hearing. (1) A person violating this chapter may be issued, either personally or by mail, an administrative citation that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter. The administrative citation shall provide notice that a hearing must he requested within ten (10) business days of receipt and that hearing rights shall he terminated if a hearing is not promptly requested. The administrative citation shall provide information on how and where a hearing may be requested. including a contact address and phone number. (2) Upon issuance of an administrative citation, a person accused of violating this chapter may request in writing an administrative hearing on the matter. Hearing requests must be made within ten (10) business days of the issuance of the administrative citation and delivered to the city clerk or other desi nated cit officer. Failure to re uest a hearin * within ten (10) business days of' the issuance of the administrative citation will terminate the person's right to a hearing. The city clerk or other designated city officer shall set the time and place for the hearing. Written notice of the hearing time and place shall be mailed or delivered to the accused violator at least ten (10) business days prior to the hearing. (i) Hearing Officer. The city official designated by the City Council shall serve as the hearin * officer. The hearin officer must be an impartial employee of the city or an impartial person retained by the city to conduct the hearing. Decision. A decision shall be issued b the hearin officer within ten I 0 business da s. The decision of the hearin * officer is final. 1f the hearin 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 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 Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing an enalt those findin rs shall be recorded and a cop provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. (4) Costs. 1f the administrative citation is upheld by the hearing officer, the cit 's actual ex enses in holdin * the hearin u to a maximum of $1,000.00 shall be paid by the person requesting the hearing. 4