§ 2-312. Violator's rights; appeal; failure to comply.

(a)

Violator's options. A violator who has been served with a civil violation notice shall elect either to:

(1)

Pay the civil penalty in the manner indicated on the notice, and correct the violation within the time specified on the notice, if applicable; or

(2)

Request an administrative hearing before a special magistrate to appeal the decision of the code enforcement officer which resulted in the issuance of the civil violation notice.

(b)

Appeal. Appeal by administrative hearing of the notice of violation before a special magistrate shall be accomplished by filing a request in writing to the address indicated on the notice, within the time limit stipulated in the specified ordinance section which is enforced pursuant to the provisions of this article, or no later than ten calendar days after the service of the notice, whichever is earlier.

(c)

Failure to comply. If the named violator, after notice, fails to pay the civil penalty and correct the violation within the time specified, if applicable, or fails to timely request an administrative hearing before a special magistrate, the special magistrate shall be informed of such failure by report from the code enforcement officer. If the named violator pays the civil penalty for a correctable violation, but does not correct that violation within the time specified, each day that the violation continues beyond such specified time shall constitute a continuing violation. The failure of the named violator to appeal the decision of the code enforcement officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special magistrate. A waiver of the right to an administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly.

(Ord. No. 2015-14 , Div. 2, § 2, 7-23-2015)