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44 Ordinance 2000-001 Page 5 appearance column in ii. above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. iv. Subsequent Violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third or fourth appearance before the Council. V. Subsequent Appearances. Upon a second, third or fourth appearance before the Council by the same licensee, the Council must impose the presumptive penalty for—the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as-a basis for deviating from the presumptive penalty imposed by this Section. vi. Computation of Appearances. After the first appearance, a subsequent appearance by the same licensee will be determined as follows: aa. If the first appearance was within 18 months of the current violation, the current violation will be treated as a second appearance. bb. If a licensee has appeared before the Council on 2 previou s occasions, and the current violation occurred within 30 months of the first appearance, the current violation will be treated as a third appearance. cc. If a licensee has appeared before the Council on 3 previous occasions, and the current violation occurred within 42 months of the first appearance, the current violation will be treated as a fourth appearance. dd. Any appearance not covered by aa, bb, or cc above will be treated as a first appearance.