§ 8CC-5. Rights of violators; payment of fine; right to appeal; failure to pay and correct, or to appeal.

(a)

A violator who has been served with a civil violation notice or notice of assessment 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 Hearing Officer to appeal the decision of the Code Inspector which resulted in the issuance of the civil violation notice or notice of assessment.

(b)

Appeal by administrative hearing of the notice of violation shall be accomplished by filing a request in writing to the address indicated on the notice, within the time limit stipulated in the specified Code Section which is enforced pursuant to the provisions of this chapter, or no later than twenty (20) calendar days after the service of the notice, whichever is earlier.

(c)

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 Hearing Officer, the Hearing Officer shall be informed of such failure by report from the Code Inspector. 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. Failure of the named violator to appeal the decision of the Code Inspector within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the Hearing Officer. A waiver of the right to administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly.

(Ord. No. 85-33, § 1(5), 5-21-85; Ord. No. 86-22, § 1, 3-18-86; Ord. No. 90-6, § 1, 2-6-90; Ord. No. 94-207, § 3, 11-1-94; Ord. No. 05-19, § 4, 1-27-05)