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4 (2) The recipient of an administrative penalty may, at any time prior to the due date established in the administrative citation, contact the issuing party and present a plan to come into compliance. If the plan to become compliant is accepted by the City, the established due date shall be amended to a date (5) five days following the established last date to become compliant. The established timeline to reach compliance shall be at the earliest reasonable date, dependent (in the judgment of the City) upon circumstances and potential for harm, which may be amended or extended by the City as necessary upon a good faith showing of progress toward compliance. (3) The City shall notify a recipient of an Administrative Penalty of their right to contest the citation as outlined in Sections 1098 (F) and 1098 (G). The City shall also appoint a neutral third party to hear and rule on challenges to administrative citations authorized by the city code. (4) At any time after the date the payment of the administrative penalty is due, if the administrative penalty remains unpaid or the situation creating the alleged violation remains uncorrected, the City, through its Attorney, may bring an action to enforce in accordance with state law and this code. Likewise, the City, in its discretion, may bring charges for a violation in the first instance, rather than requesting the payment of an administrative penalty, even if a penalty for the violation has been established. If the administrative penalty is paid, or if any requested correction of the situation resulting in the violation is completed, no charges shall be initiated by the City for the alleged violation. (5) The failure to pay an Administrative Citation or petition for an Administrative Hearing within 14 business days after the citation is issued, or failure to attend a scheduled Administrative Hearing, constitutes a waiver of the violator's right to a future Administrative Hearing and is an admission of the violation. (E) FEES ESTABLISHED. Administrative fines in an amount set forth by the City Council within Chapter 33. (F) ADMINISTRATIVE HEARINGS (1) Request for Hearing. Anyone in violation of any section of the City Code may either pay the Administrative Penalty, as established by Chapter 33, or seek a hearing according to the requirements of this Section. (2) Hearing Examiner. The position of Hearing Examiner is hereby created. (3) The City Manager, or their designee, may, at their discretion, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this chapter and set the rate of compensation therefor. (4) The City Council will periodically approve a list of qualified individuals, from which the City Clerk will randomly select a Hearing Examiner best suited to hear and determine a matter for which a hearing is requested. (5) The Hearing Examiner must not be a City employee and the City Clerk must establish a procedure for evaluating the competency of the Hearing Examiner, including comments from citation recipients and City Staff. These reports must be provided to the City Council.