Chapter 1.20
HEARING PROCEDURES AND REMEDIAL ACTION
Sections:
1.20.010 Appearance of defendant in court.
1.20.020 Hearing request or waiver – Payment of bail.
1.20.030 Civil penalty – Assessment of fees.
1.20.010 Appearance of defendant in court.
The defendant shall either appear in court at the time indicated in the summons, or prior to such time, deliver to the court the summons, together with the bail amount set forth in the summons, enclosing therewith a request for a hearing, or statement of matters and explanation or mitigation of the offense, or an executed appearance, waiver of hearing, and a plea of “guilty” appearing on the summons. [Ord. 745 § 1, 1994; Code 2000 § 1.250.]
1.20.020 Hearing request or waiver – Payment of bail.
(A) If the defendant has submitted to the court a written statement with his bail, as provided in Chapters 1.10 through 1.25 CMC, it constitutes a waiver of hearing and a consent to judgment by court declaring a forfeiture of bail on the basis of such statement and any testimony or written statement of the code enforcement officer, or other witness, or city employee, as provided in Chapters 1.10 through 1.25 CMC, which may be presented to the court. If the defendant requests a hearing, or, if the court directs that hearing be had, the court shall fix the date and time of hearing and, unless notice is waived, mail to the defendant notice of the date and time so set at least five days prior to the trial date.
(B) In any case, the court may direct that a hearing be held; otherwise, the court may enter the appropriate judgment, impose a fine, direct that the fine be paid out of the bail deposited by the defendant, and remit to the defendant any amount by which the bail exceeds the fine. No fine may be imposed in excess of the bail deposited by the defendant, unless a hearing is held. [Ord. 745 § 1, 1994; Code 2000 § 1.255.]
1.20.030 Civil penalty – Assessment of fees.
(A) Upon a finding that the violation was committed by the defendant, the court may:
(1) Assess a penalty pursuant to the applicable code penalty section;
(2) Assess hearing costs and witness fees, if any;
(3) Order the defendant to abate the code violation;
(4) Order the defendant to appear at a subsequent hearing for the presentation of evidence of abatement.
(B) Upon subsequent receipt of proof of abatement, the court may reduce any penalty assessed under this section.
(C) An amount equal to 25 percent of each penalty assessed and collected pursuant to this section shall be dedicated to payment of the city’s costs in abating properties and other costs directly related to enforcement of the code. [Ord. 745 § 1, 1994; Code 2000 § 1.260.]
1.20.040 Default judgment.
Subject to the limitations set forth in CMC 1.15.110, a default judgment shall be entered for the maximum civil penalty applicable to the charged violation if the defendant fails to appear at the scheduled hearing. If the defendant fails to appear for the hearing, any security fees posted shall be forfeited to the city. [Ord. 745 § 1, 1994; Code 2000 § 1.265.]