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7 <br /> <br /> 1. Duration of the violation; <br />2. Frequency of reoccurrence of the violation; <br />3. Seriousness of the violation; <br />4. History of the violation; <br />5. Violator's conduct after issuance of the administrative notice and citation; <br />6. Violator's conduct after issuance of the notice of hearing; <br />7. Good faith effort by the violator to comply; <br />8. Impact of the violation upon the community; <br />9. Prior record of City code violations; and <br />10. Any other factors appropriate to a just result. <br /> <br />(b) The Hearing Examiner may not impose a fine greater than the established fine, <br />except that the Hearing Examiner may impose a fine for each week that the violation <br />continues if: <br />1. The violation caused or is causing a serious threat of harm to the public <br />health, safety, or welfare; or <br />2. The violator intentionally and unreasonably refused or refuses to comply with <br />the code requirement. <br /> <br />(7) Failure to appear. The failure to attend the hearing constitutes a waiver of the violator's <br />rights to an administrative hearing and an admission of the violation. A Hearing Examiner <br />may waive this result upon good cause shown. Examples of "good cause" are: death in <br />the immediate family or documented incapacitating illness of the violator; a court order <br />requiring the violator to appear for another hearing at the same time; and lack of proper <br />service of the citation or notice of the hearing. "Good cause" does not include: <br />forgetfulness; lack of transportation or child care; and intentional delay. <br />(8) Decisions of the Hearing Examiner are final and uncontestable, subject to the rights of an <br />aggrieved party to seek judicial review as provided in state law. Any unpaid fines shall be <br />paid immediately following an upholding of a citation by the Hearing Examiner. Failure to <br />do so shall be cause for the imposition of additional penalties established within the City fee <br />schedule. <br />Section 5. Section §114 is hereby amended to add the following: <br />Chapter 114. Mobile Food Units (Food Trucks) <br />§ 114.100 PURPOSE. <br />This chapter is enacted to permit the reasonable private use of mobile food units while <br />preventing any adverse consequences to residents, businesses, and public property. <br />§ 114.102 DEFINITIONS. <br /> For the purpose of this chapter, the following definition shall apply unless the context clearly <br />indicates or requires a different meaning.