§ 2-90. Options of persons cited.

(a)

Any person cited for violation of city codes or ordinances shall be deemed to be charged with a civil infraction and cited to appear in county court.

(b)

Any person cited for a violation under this division may:

(1)

Elect not to contest the citation and shall pay in full the applicable reduced civil penalty as set forth in Exhibit "A"*, to the Clerk of the County Court within 14 days after issuance of the citation; or

Editor's note— *Exhibit "A" is not included herein but is available for public inspection in city offices.

(2)

Elect to contest the citation and the person shall appear in court before a county court judge within 21 days of issuance of the citation to request a hearing date.

(c)

If the person cited pays the civil penalty as provided in subsection (b)(1) of this section, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of validity of the citation.

(d)

If the person cited appears in court to receive a court date as provided in subsection (b)(2) of this section, he shall be deemed to have waived his right to pay the civil penalty set forth in Exhibit "A" and shall be subject to the maximum civil penalty which shall not exceed $500.00, plus all applicable court costs and legislative assessments, per violation.

(e)

If the person cited fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation, and judgment may be entered against the person for an amount up to the maximum civil penalty.

(f)

A county court judge, after a hearing on the citation, shall make a determination of whether or not a violation of this division has been committed. If a violation is found to have occurred, the county court judge may impose a civil penalty up to the maximum civil penalty in an amount not to exceed $500.00 plus all applicable court costs.

(g)

The judge may provide for the civil penalty to be paid within such time as the judge determines to be appropriate. 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 up to the maximum civil penalty not to exceed $500.00.

(h)

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 shall be entered against the person in an amount up to the maximum civil penalty. 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 of court shall notify the code enforcement officer and the person cited of the date and time of the new hearing.