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3. The City shall notify a recipient of an Administrative Penalty of their right to contest the <br />citation as outlined in Section XXX. The City shall also appoint a neutral third party to hear and <br />rule on challenges to administrative citations authorized by the city code. <br /> 4. At any time after the date the payment of the administrative penalty is due, if the <br />administrative penalty remains unpaid or the situation creating the alleged violation remains <br />uncorrected, the city, through its Attorney, may bring an action to enforce in accordance with <br />state law and this code. Likewise, the city, in its discretion, may bring charges for a violation in <br />the first instance, rather than requesting the payment of an administrative penalty, even if a <br />penalty for the violation has been established. If the administrative penalty is paid, or if any <br />requested correction of the situation resulting in the violation is completed, no charges shall be <br />initiated by the city for the alleged violation. <br />5. The failure to pay an Administrative Citation or petition for an Administrative Hearing <br />within 14 business days after the citation is issued, or failure to attend a scheduled <br />Administrative Hearing, constitutes a waiver of the violator's right to a future Administrative <br />Hearing and is an admission of the violation. <br />FEES ESTABLISHED <br />Administrative fines in an amount set forth by the City Council within Section 33.041 33.101 <br />ADMINISTRATIVE HEARINGS <br />1. Request for Hearing. Anyone in violation of any section of the City Code may either pay <br />the Administrative Penalty, as established by Section 33.01, or seek a hearing according to the <br />requirements of this Section. <br />2. Hearing Examiner. The position of Hearing Examiner is hereby created. <br />(a) The City Manager, or their designee, may, at their discretion, contract with third <br />parties for the furnishing of all services of the Hearing Examiner as contained in this <br />chapter and set the rate of compensation therefor. <br />(b) The City Council will periodically approve a list of qualified individuals, from which <br />the City Clerk will randomly select a Hearing Examiner best suited to hear and determine <br />a matter for which a hearing is requested. <br />(c) The Hearing Examiner must not be a city employee and the City Clerk must establish <br />a procedure for evaluating the competency of the Hearing Examiner, including <br />comments from citation recipients and city staff. These reports must be provided to the <br />City Council.