§ 21-208. Administrative adjudication hearing.

(a)

A person who received a notice of violation may contest the imposition of the civil penalty by requesting in writing an administrative adjudication hearing within thirty (30) days after the notice of violation was mailed. Upon receipt of a timely request, the department shall notify the person of the date and time of the administrative adjudication. The administrative adjudication hearing shall be held before a hearing officer appointed by the city manager.

(b)

Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation, and is a waiver of the right to appeal under section 21-205.

(c)

The civil penalty shall not be assessed if after a hearing, the hearing officer enters a finding of no liability.

(d)

In an administrative adjudication hearing, the issues must be proved at the hearing by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to in an administrative adjudication hearing by affidavit of an officer or employee of the city or the entity with which the city contracts to install or operate the system and who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the city that alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this article and is evidence of the facts contained in the affidavit.

(e)

A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty within thirty (30) days of the hearing.

(f)

Notwithstanding anything in this article to the contrary, a person who fails to pay the amount of a civil penalty or to contest liability in a timely manner is entitled to an administrative adjudication hearing on the violation if:

(1)

The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person; and

(2)

Within the same period required by section 21-206 for a hearing to be timely requested but measured from the date the mailed notice was received as stated in the affidavit filed under subsection (f)(1), the person requests an administrative adjudication hearing.

(g)

A person who is found liable after an administrative adjudication hearing may appeal that finding of civil liability to the municipal court by filing a notice of appeal with the clerk of the municipal court. The notice of appeal must be filed not later than the thirtieth day after the date on which the administrative adjudication hearing officer entered the finding of civil liability, and must be accompanied by payment of the costs required by the law for the court, and a notarized statement of personal financial obligation. If these three (3) items are not filed, the appeal is not perfected, and does not stay enforcement of the civil penalty. An appeal shall be determined by the municipal court by trial de novo. The affidavits submitted under section 21-208 shall be admitted by the municipal judge in the trial de novo, and the issues must be proved by a preponderance of the evidence. A person found liable by the municipal court shall pay the civil penalty and any other fees due the city.

(Ord. No. 8746, § 1, 1-25-07; Ord. No. 8865, § 1, 9-20-07)