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(1) If the responsible person fails to request a hearing before the expiration of the ten day deadline the case shall be set for a default hearing. The Administrative Appeals Board shall schedule a default hearing. The responsible person shall be notified of the date, time, and place of the hearing by one of the methods listed in Section 10-2-201.

(2) A default hearing shall be scheduled for all cases that have outstanding or unpaid civil penalties, fines, fees and/or costs due to the City before collection, if a hearing on that case has not already been held.

(3) At the default hearing, the responsible person shall have the opportunity to present evidence to show that good cause exists, as defined in the Title, to do one or more of the following:

a. Waive or reduce the fines which have accumulated;

b. Postpone an abatement action by the City; or

c. Excuse the responsible person’s failure to request a hearing within the ten day period.

(4) If the responsible person fails to establish good cause to take one or more of the actions set forth in subsection (3) above, the Administrative Appeals Board shall review the notice of violation and any other relevant information included in the case file. The Administrative Appeals Board shall not accept any other evidence.

a. If the evidence shows that the violations existed, the Administrative Appeals Board shall enter an order requiring abatement of the violations, and the payment of all fines and fees. Fines shall run until the City issues a Notice of Compliance stating when the violations were actually abated.

(Ord. No. 99-36 Enacted 07/09/1999; Ord. No. 23-28 Amended 07/18/2023)