§ 14-26. Notice of violation; hearing; appeals.

(a)

Notice. Upon report of a violation, the violator shall be issued, either personally or by mail, a notice that sets forth the violation and the penalty therefor under section 14-25, and which shall inform the alleged violator of his or her right to a hearing on the matter. The notice shall state that a request for a hearing must be made to the city administrator within ten (10) business days of the date of notice.

(b)

Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. If no request for a hearing is received by the city administrator within ten (10) working days of the date of the notice, the right to a hearing shall be deemed waived and the penalty shall be final.

(c)

Hearing officer. If a hearing is requested, the city council shall appoint a hearing officer. The hearing officer must be an impartial employee of the city or an impartial person retained by the city to conduct the hearing.

(d)

Decision. A decision shall be issued by the hearing officer within ten (10) business days of the date of the hearing.

(e)

Record of decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation together with the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator by personal delivery or mail. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator by personal delivery or mail. The hearing officer may modify the penalty previously imposed.

(f)

Costs. If the violation is upheld or modified by the hearing officer, the city's actual expenses incurred in holding the hearing up to a maximum of one thousand ($1,000.00) dollars shall be paid by the person requesting the hearing.

(g)

Appeals. The decision of the hearing officer is final. Appeals of any decision of the hearing officer shall be made to the district court within ten (10) business days.

(Ord. No. 2012-06, § 1, 7-10-12)