1.40.045 Response, Answer and Appearance.
Compliance with the State law “violation” procedure shall be deemed compliance with the procedural requirements of this chapter.
A. Response Options. The respondent shall respond to the citation either by appearing in court as specified in the citation or by submitting a written answer that must be received by the Municipal Court prior to the scheduled appearance. Answers and appearances may be through legal counsel. A respondent who submits a written answer received by the City prior to the scheduled appearance is not required to appear at the scheduled appearance. It is the respondent’s responsibility to assure that any written answer is received by the court prior to the appearance date.
B. Written Answer. The respondent’s answer may take three forms:
1. A written explanation, with payment of the amount stated in the citation. The statement shall constitute a waiver of hearing and consent to judgment. The written information may contain evidence that the violation has been corrected. The court shall review the written statement, the citation and any other evidence that may be available, including any written submission of the code enforcement officer. The court shall issue a judgment based on the record and may notify the code enforcement officer and the responsible party of the decision. The court may refund some or all of the amount submitted.
2. An admission of the infraction, accompanied by payment of the amount stated in the citation. On receipt of an answer admitting the civil infraction, the court shall enter judgment in the amount stated in the citation.
3. A denial and a request for a hearing. Correction of the violation is not a defense.
C. A written explanation without payment shall be treated as a denial and request for a hearing.
D. Appearance. If the respondent does not file an answer by the scheduled appearance date, the respondent must appear in court as scheduled. At the in-court appearance, the respondent may admit the infraction, not contest the infraction, or deny the infraction. If the respondent admits or does not contest the infraction, the respondent will be allowed to provide an explanation, including evidence that the violation has been cured, and request that the penalty be reduced. If the respondent denies the infraction, the matter will be scheduled for a hearing at least two weeks after the date of the appearance unless an animal has been impounded or an immediate remedy is required. The court will mail confirmation of the hearing date and time. Appearances may be rescheduled for good cause by agreement of the court and respondent prior to the date scheduled for the hearing. Requests for rescheduling shall be in writing and should normally be made at least seven days prior to the scheduled hearing. If the respondent does not deny the infraction, the Municipal Judge shall determine the amount of the penalty to be imposed and shall enter a judgment. [Ord. NS-2159, 2011]