§ 50-81. Procedure; processing citations; payment of fines; court hearings.

(a)

Within five working days, the fire code enforcement officer shall deposit the original citation and one copy of the citation with the clerk of court for the county court. The fire code enforcement officer shall retain one copy for his/her records.

(b)

The person cited shall have 30 days from the date of the citation to pay a reduced civil penalty that has been established by the fire prevention and protection citation rate resolution.

(c)

If the person cited elects to pay the civil penalty, he/she shall be deemed to have waived the right to a hearing. If the person cited fails to pay the civil penalty or fails to request a court hearing within 30 days, he/she shall have waived his/her right to contest the citation and a judgment shall be entered against the person cited in the amount established by the fire prevention and protection citation rate resolution.

(d)

Should the person cited wish to contest the citation, he/she shall schedule a hearing which shall be in the county court. The case shall be presented by the fire code enforcement officer who issued the citation, and that standard of proof shall be a preponderance of the evidence. Should the person cited elect to contest the citation, he/she shall have waived his/her right to pay the reduced civil penalty, and upon a finding that the person cited committed the civil infraction charged, the judge may impose a civil penalty not to exceed the amount established by the fire prevention and protection citation rate resolution.

(e)

The judge may provide for the civil penalty to be paid within such time as the judge determines to be appropriate. The judge may, in the court's discretion, provide that violators who do not pay their fines within the time provided be held in contempt for non-payment. If the person found to be in violation fails to pay the fine within the time provided, a civil judgment shall be entered against that person in the amount of the civil penalty imposed.

(f)

Should the person cited schedule a hearing as provided for herein, and thereafter fails to appear at such hearing, he/she shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person cited. This judgement shall not exceed the amount established by the fire prevention and protection citation rate resolution. Provided, however, that the 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 shall so notify the fire code enforcement officer of the date and time of the new hearing.

(Ord. No. 2000-17, § 6, 3-14-00)