§ 30-27. Payment of civil penalty; court hearings.

(a)

If a person elects not to contest the citation, the person shall pay in full the applicable civil penalty, as set forth herein, to the city within fourteen (14) calendar days after issuance of the citation.

(b)

If a person cited elects to pay the applicable civil penalty set forth herein, the person shall be deemed to have admitted the infraction and waived the right to a hearing. If the person cited fails to pay the civil penalty by the fourteenth calendar day after issuance of the citation or fails to request a court hearing within the time prescribed, the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty plus applicable court costs. In addition, a rule to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to pay or request a court hearing. Failure to respond to the rule to show cause may result in issuance of an arrest warrant.

(c)

If a person elects to contest the citation, the person shall request a court date before a county judge within not more than fourteen (14) calendar days after issuance of the citation.

(d)

The code enforcement board and/or special magistrate or a county judge, whichever applies, after a citation hearing, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the code enforcement board and/or special magistrate or county judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution, legislative assessments, and court costs.

(e)

The code enforcement board and/or special magistrate or county judge may provide for the civil penalty to be paid, and the violation to be corrected, within such time as is determined to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided, a civil judgment may be entered against that person in an amount up to the maximum civil penalty.

(f)

Should the person cited schedule a hearing as provided for herein, and thereafter, fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment may be entered against the person in an amount up to the maximum civil penalty; provided, however, that the county court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, the clerk of the court shall notify the code enforcement officer and the person cited of the date and time of the hearing. In addition, a rule to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to appear at the hearing. Failure to respond to the rule to show cause may result in issuance of an arrest warrant.

(g)

Should the person cited willfully fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect.

(h)

In the event that a civil judgment is entered against the person cited as provided herein, the city may record a certified copy of such judgment in the official records of the county.

(Ord. No. 1583, § 3, 10-2-2014)