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HomeMy WebLinkAbout2018-018 Violations Hearing Special Magistrate - Chapter 16 ORDINANCE NO. 2018-018 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, ENTITLED VIOLATIONS; ESTABLISHING A VIOLATIONS HEARING SPECIAL MAGISTRATE; PROVIDING FOR POWERS AND DUTIES OF THE VIOLATIONS HEARING SPECIAL MAGISTRATE; PROVIDING FOR NOTICE OF VIOLATION REQUIREMENTS; PROVIDING FOR NOTICE OF VIOLATION FINES AND PROCEDURES; PROVIDING FOR HEARINGS TO CONTEST NOTICES OF VIOLATIONS; PROVIDING FOR FINE COLLECTION PROCEDURES; DISSOLVING THE VIOLATIONS HEARING BOARD; PROVIDING FOR CONFORMING CHANGES AT SECTIONS 113-4, 124-4, AND 153-18 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently has a provision in Chapter 7 of the Code of Ordinances of the City of Ocoee allowing for one or more Code Enforcement Special Magistrate(s) to conduct hearings regarding code violations; and WHEREAS, the City Commission desires to amend the current code language to allow the Special Magistrate(s) to consider appeals related to Notices of Violations issued by the City of Ocoee Police Department, the Ocoee Fire Department, and any other City employee as designated by the Chief of Police; and WHEREAS, the City Commission desires to dissolve the Violations Hearing Board and allow the Special Magistrate to serve as a Violations Hearing Special Magistrate(s) to consider appeals related to Notices of Violations issued by the City of Ocoee Police Department, the Ocoee Fire Department, and any other City employee as designated by the Chief of Police; and WHEREAS, the City Commission desires to establish in code certain requirements for Notices of Violations, fines, and procedures for payment of fines; and WHEREAS, the City Commission desires to establish the procedures for hearings to contest Notices of Violation before the Violations Hearing Special Magistrate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Section 2. Chapter 16. Chapter 16 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. Section 3. Section 113-4. Section 113-4 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: 113-4. - Definitions. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: A. HEARING OFFICER means the Ocoee Violations Hearing Special Magistrate established pursuant to Chapter 16. B. MOTOR VEHICLE means any self-propelled vehicle not operated upon rails or guideway, but does not include bicycles or electric personal assistive mobility devices. Such definition shall include, but not be limited to: automobiles, vans, trucks, motorcycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, mini-bikes, and trail bikes. C. NOTICE OF VIOLATION means a citation issued for a violation of this Chapter. D. PERSON means any natural person, individual, association, partnership or corporation which includes any officer, employee, department, agency or instrumentality thereof, or any other entity whatsoever or any combination of such, jointly or severally. E. VIOLATOR means the person receiving a Notice of Violation for a violation of this Chapter. Section 4. Section 124-4. The term, "Hearing Board", as defined in Section 124-4 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: HEARING OFFICER — The Ocoee Violations Hearing Special Magistrate. (All other terms as defined in Section 124-4 remain unchanged by this amendment.) -2- Section 5. Section 153-18. Section 153-18 of the Code of Ordinances of the City of Ocoee is hereby amended to read as follows: 153-18. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: A. "Golf cart" means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. B. "Golf cart community" means a subdivision or community within the corporate limits of the city within which the Ocoee City Commission has by resolution authorized the operation of golf carts on designated municipal streets within such subdivision or community. C. "Golf cart permitted street" means a municipal street within the corporate limits of the city which has been designated by resolution of the Ocoee City Commission for use by golf carts. D. "Applicant", for the purposes of this article, means a person or entity (including a homeowner's association) who is requesting that the Ocoee City Commission adopt a resolution designating one or more golf cart communities and/or one or more golf cart permitted streets. E. "Hearing Officer" means the Ocoee Violations Hearing Special Magistrate established pursuant to § 16-1 of this Code. Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. -3- Section 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this /day of , 2018. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 7AAAL l/41613 Melanie SibbittCityClerk ustyJo on,n ayor Y (SEAL) ADVERTISED A/r,/ /9 , 2018 READ FIRST TIME �,pr,/ /7 , 2018 READ SECOND TIME AND ADOPTED Z 77y / , 2018 UNDER AGENDA ITEM NO. 1/ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this Pr day of MRy , 2018. SHUFFIELD, LOWMAN & WILSON By: .-� -4- EXHIBIT A Chapter 16 -VIOLATIONS § 16-1. -Creation of Violations Hearing Special Magistrate hearings. A. Creation. There is hereby established the Ocoee Violations Hearing Special Magistrate. The Violations Hearing Special Magistrate shall have the following powers and duties: (1) To consider contests of designated violations of the City Code and to receive and evaluate evidence in connection therewith; and (2) Based upon the evidence presented at such a hearing, to make a determination as to whether a violation of the City Code occurred; and (3) To impose the fines and fees as adopted by a Resolution of the City Commission with respect to City Code violations, including late fees and administrative charges. (4) To make recommendations to the Chief of Police, or his designee as it relates to the hearing of code violations. B. There is hereby created the office of Special Magistrate of the City of Ocoee, Florida, which will be called the"Violations Hearing Special Magistrate." C. Hearings. (1) Regular Hearings. Notice of the place, day and hour of the hearing shall be provided to the public in advance of the hearing. Except as otherwise provided in Chapter 286, Florida Statutes, all hearings shall be open to the public. (2) Special Hearings. Special hearings may be called by the Chief of Police or his designee. Notification of all special hearings shall be posted not less than five days prior to said hearing. Special hearings shall be conducted in the same manner as a regular hearing but shall be limited to the conduct of business specifically set forth in the notice. § 16-2. - Term of Special Magistrate; Clerk for Special Magistrate. A. The City Commission is authorized and hereby provides for the designation of one or more Violations Hearing Special Magistrate(s) for the purposes of conducting administrative hearings regarding violation cases brought by the Police Department. The Violations Hearing Special Magistrate(s) may be the same as the special magistrate designated as Code Enforcement Special Magistrate(s) under chapter 7 of the Code. B. The Violations Hearing Special Magistrate shall be an attorney duly licensed to practice law in the State of Florida. C. The City may utilize the services of one or more Violations Hearing Special Magistrate(s) to conduct hearings concerning ordinances in force within the City. The City Commission shall, on an annual basis, appoint at least one qualified person to serve as Violations Hearing Special Magistrate(s). D. Each Violations Hearing Special Magistrate shall serve for a term of one year in accordance with a contract, and shall serve at the pleasure of the City Commission. Although appointed for one-year terms, Violations Hearing Special Magistrate(s) shall be subject to removal by the City Commission, with or without cause, from his or her position at any time during his or her term. Violations Hearing Special Magistrate(s) shall not be considered to be City employees, though they may receive compensation for their services at a rate to be determined by the City Commission. E. The City Attorney will not be appointed to be or act as the Violations Hearing Special Magistrate. F. The City Manager will designate a City employee as Clerk for the Special Magistrate. The City Manager may designate additional City employees as Deputy Clerks as he deems appropriate to the efficient conduct of the Violations Hearing Special Magistrate's business. § 16-2. - Powers and duties of the Violations Hearing Special Magistrate. A. The Violations Hearing Special Magistrate is empowered to hear cases of contested Notices of Violation as issued by Officers and Community Service Officers of the Ocoee Police Department, the Ocoee Fire Department, and any other city employee as designated by the Chief of Police. B. The types of cases heard before the Violations Hearing Special Magistrate shall be determined by the Chief of Police. The Violations Hearing Special Magistrate may not hear cases outside the scope assigned by the Chief of Police. However, this shall not preclude the Violations Hearing Special Magistrate from having discussions and/or making suggestions to the Chief of Police relating to the types of cases heard before the Violations Hearing Special Magistrate. C. The Violations Hearing Special Magistrate shall utilize definitions established by Florida Statutes and/or the Manual on Uniform Traffic Control Devices relating to the definition of terms for traffic violations which are not established by City Ordinance. D. The Violations Hearing Special Magistrate shall adopt rules for transactions of its business and shall keep a record of its resolutions, transactions, findings and determinations. E. If the Violations Hearing Special Magistrate determines that the violation(s) listed in the Notice of Violation was committed, the Violations Hearing Special Magistrate shall impose a fine. If the Violations Hearing Special Magistrate determines that the violation(s) listed in the Notice of Violation was not committed, then the filing fee as provided herein shall be returned. F. The Violations Hearing Special Magistrate should not be used to try to influence the City Commission in budget or personnel matters relating to the Police Department. G. Coordination with the Violations Hearing Special Magistrate shall be the responsibility of the Chief of Police or his or her designee. The Chief of Police shall maintain complete and current files on the Violations Hearing Special Magistrate, its hearings, and its activities. § 16-3. - Notice of violation requirements. A Notice of Violation issued for a violation of the Code shall include: A. The name, address and driver's license number(if applicable) of the violator; and B. Notice that the violation charged is pursuant to the applicable Code provision; and C. The location where the violation occurred; and D. The date and time of the violation; and E. If the violation involves a motor vehicle: (1) The license plate number and registration number of the vehicle; and (2) The make, model, and year of the vehicle; and F. The civil penalty imposed; and G. The procedures for payment of the civil penalty and contesting the notice of infraction; and H. Information advising the violator of the manner and time in which liability as alleged in notice of violation may be appealed and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability. § 16-4. - Notice of violation vines and procedures. A. Any person violating any provision of this Code who receives a Notice of Violation shall be subject to a fine as set forth in a Resolution adopted by the City Commission. B. Any person who receives a Notice of Violation shall have the following options: (1) Pay the assessed fine pursuant to the instructions on the Notice of Violation; or (2) File a Contesting Affidavit to contest the violation at a hearing before the Violations Hearing Special Magistrate as provided herein. C. The failure to comply with (1) or (2) above within thirty (30) calendar days of the date of the Notice of Violation shall constitute a waiver of the right to contest the Notice of Violation and will be considered an admission of liability. D. Violators who fail to either pay the fine indicated on the Notice of Violation or to request a hearing before the Violations Hearing Special Magistrate may be subject to the following: referral to a collection agency for collection of the fine and/or denial of vehicle registration, or booting of vehicle (for violations related to vehicles and traffic). § 16-5. - Hearings. A. The Violations Hearing Special Magistrate shall hear contests to Notices of Violations. B. Violators who desire to schedule a hearing to contest a Notice of Violation must file a Contesting Affidavit within thirty (30) days from the date of the Notice of Violation with the City Police Department along with the appropriate filing fee, as provided in a fine resolution adopted by the City Commission. C. Upon receipt of a request for a hearing, the City Police Department shall schedule a hearing before the Violations Hearing Special Magistrate to occur within sixty (60) calendar days after receipt of the Contesting Affidavit. The City shall provide notice of the hearing to the violator no less than ten calendar days prior to the date of the hearing. The notice of the hearing shall be delivered via certified U.S. mail to the same address set forth on the Notice of Violation. D. The City representative who issued the Notice of Violation shall testify at the hearing. The violator may also testify and the violator or his or her representative may present witnesses and introduce evidence. E. Based on the evidence presented at the hearing, the Violations Hearing Special Magistrate shall make a determination as to whether the Code violation was committed by the violator. At such hearing or within fifteen (15) days after the hearing, the Violations Hearing Special Magistrate shall issue a written order stating its findings and the amount of the fine, as applicable. F. Formal rules of evidence shall not apply at the hearing and any relevant evidence may be admitted. Hearsay evidence may be admitted, but shall not form the sole basis upon which the Special Magistrate's decision is made. Irrelevant and unduly repetitious evidence may be excluded. The hearing shall be conducted in a manner to ensure that procedural and substantive due process is afforded the violator. G. In addition to the civil penalty imposed pursuant to the resolution adopted in accordance with this Chapter, if the Violations Hearing Special Magistrate determines the violation was committed, the violator shall also responsible for payment of hearing costs, identified as the administrative fee (including filing fee) in the resolution adopted by the City Commission. H. In the event that the City decides to dismiss the Notice of Violation or if the Violations Hearing Special Magistrate dismisses the Notice of Violation, the filing fee shall be refunded. I. In the event that the Violations Hearing Special Magistrate determines that the violation was committed, the violator shall be deemed to have waived his or her right to pay the original amount of the fine as indicated on the Notice of Violation. A fine of up to $250 plus hearing costs as provided in the fine resolution may be imposed by the Violations Hearing Special Magistrate. In such event, the filing fee shall be deducted from the fine. J. Failure to appear before the Violations Hearing Special Magistrate at the time of hearing will result in the imposition of a fine and hearing costs as determined by the Violations Hearing Special Magistrate. § 16-6. - Collection of fines. The City Manager or his/her designee may establish procedures for the collection of a fine imposed herein, and may enforce collect such fine by civil action in the nature of debt. The violator shall also be responsible for payment of any costs incurred by the City in any legal proceedings or other efforts instituted to collect money due under this Chapter. § 16-7. - Dissolution of the Violations Hearing Board. The Violations Hearing Board, established in Ordinance 2013-005, as amended, is hereby dissolved. The Following Pages Indicate Strikethroughs showing Deletions and Underlines showing New Language as adopted. EXHIBIT A Chapter 16-VIOLATIONS § 16-1. -Creation of Violations Hearing Special Magistrate-Board; membership; hearingsmeetings. A. Creation. There is hereby established the Ocoee Violations Hearing Special Magistrate. Board { iog--Boafd"}. The Violations Hearing Special Magistrate Board shall have the following powers and duties: (1) To consider contests of designated violations of the City Code and to receive and evaluate evidence in connection therewith; and (2) Based upon the evidence presented at such a hearing, to make a determination as to whether a violation of the City Code occurred; and (3) To impose the fines and fees as adopted by a Resolution of the City Commission with respect to City Code violations, including late fees and administrative charges. (4) To make recommendations to the Chief of Police, or his designee, on-matters-agreed upon by board members, as it relates to the hearing of and--code violations. B. There is hereby created the office of Special Magistrate of the City of Ocoee, Florida, which will be called the "Violations Hearing Special Magistrate." Membership; Appointment; Term; Chairperson and Vice Chairperson;-Quorum;-.Removal, 04_ 14-• • . - . . . - e . - - e- members--of-the--Citizens Advisory Council-of-the Ocoee Police Department (the "CACOPD"). Additional-members of the Violations Hearing-Beard bers-of-the-CACOPD. All ••- e- _ •- _ - _• --- •e -Beard-must be residents of the--City of Ocoee, own real property in Ocoee,or-be-an-owner-of a businesses located4n-Ocoee. {-2-)—Appointment-tment.Those members serving-on--the-- - - - e - -e • 0-2-- Polioe-infraotion Hearing----Board-shall-be- __ - Hearing---Board-shall--be- members of the Violations- Hearing Board until such time as their -e-- • _ _ •• - - . --• .._. -- --of. - - -_•••. _•-shall-appoint-a Violations Hearing Board. In the-event-a-member-of-the Violation.,-Hearing Boardvacateshis or her position prior to the end of their-term, the replacement shall be--appointed by the made t� the or ginal-appointment.T-he-other--two-members-of the Violations Hearing Board shall-be-appointed-by-the-City-Commission from among the—membership of the CACOPD:The Chief of Police shall provide- - _ __ •• . •e•-with---his-recommendation for the appointment of a member from the CACOPD. If the CACOPD member c ase:-to-tea member--of the CACOPD, then such person shall cease to-be-a--member of the-V-iolation-s Hearing Board. Members-of-the Violations Hearing Board shall serve two year terms and may be reappointed without-regard to the number-of terms served previously. {3) Chairperson, Vice Chairperson. The Violations Hearing Board shall elect-by--majority--vote a Chairperson-and-Vice Chairperson shall assume office at the close of •- • -- - - • ••-• • are elected. Officers shall not be limited to the number of terms they may serve. Vacancies may be-filled at the-next regular meeting provided at least one week notice of the election is given prior-to-the meeting--Thc- Chairperson shall--preside-atall me- - - _ •- . _ - •e• Hearing Board-The Vice Chairperson shall perform the duties of the Chairperson in the absence of the Chairperson {4)---Quorum-.-Three members of the Violations Hearing Board shall constitute a quorum, and no action--may-be taken if less than three members are present and voting. {5) -- Voting-Voting shall be done by voice vote or by show of hands at the discretion of the present. Each-duly-q alified,member in attendance, including officers, shall be entitled to one vote. Voting by proxy, absentee ballot-or-by telephone shah--not be permitted. (6)-- Removal.A member of the Violations Hearing-Board may have his or her membership revoked for cause by-the-affirmative-vote of a simple majority--of the mern-1 ers-present at any d l„called meeting of the Violations Hearing Board at whioh-a-quorums present.-Cause-shalt include,--but not necessarily be limited to, a •• -• ' _' . - _ _ ••e • - -• - es-within-a 12 month period e - e e- _ _•_ e- 's-or her-responsibilities and duties-as-a-• - - •• _ _ _• ___ e. A -- '-e• •_ _ e••- .__ •- - his or-her-membership revoked-should-sash member pease to be qualified for membership as provided herein. C. HearinqsMeetings. (1) Regular HearingsMeetings. Notioe-o€each-meeting-shall be--provided to all members-of Violations Hearing Board within a reasonable--time-prior to-the-meeting--Notice of the place, day and hour of the hearingrneeting shall be provided to the public in advance of the hearingmeeting. Except as otherwise provided in Chapter 286, Florida Statutes, all hearings meetings shall be open to the public. (2) Special HearingsMeetings. Special hearings meetings may be called by the Chief of Police or his designee_, the Chairperson or the-Vice Chairperson, or by a majority-of-the Violations--Hearing Board. Notification of all special hearings meetings-shall be posted not less than five days prior to said hearingmeeting. Special hearings meetingsshallbe conducted in the same manner as a regular hearing meeting-but shall be limited to the conduct of business specifically set forth in the notice. 16-2. - Term of Special Magistrate; Clerk for Special Magistrate. A. The City Commission is authorized and hereby provides for the designation of one or more Violations Hearing Special Magistrates for the purposes of conducting administrative hearings regarding violation cases brought by the Police Department. The Violations Hearing Special Magistrate(s) may be the same as the special magistrate designated as Code Enforcement Special Magistrate(s) under chapter 7 of the Code. B. The Violations Hearing Special Magistrate shall be an attorney duly licensed to practice law in the State of Florida. C. The City may utilize the services of one or more Violations Hearing Special Magistrate(s) to conduct hearings concerning ordinances in force within the City. The City Commission shall, on an annual basis, appoint at least one qualified person to serve as Violations Hearing Special Magistrate(s). D. Each Violations Hearing Special Magistrate shall serve for a term of one year in accordance with a contract, and shall serve at the pleasure of the City Commission. Although appointed for one-year terms, Violations Hearing Special Magistrate(s) shall be subject to removal by the City Commission, with or without cause, from his or her position at any time during his or her term. Violations Hearing -Special Magistrate(s) shall not be considered to be City employees, though they may receive compensation for their services at a rate to be determined by the City Commission. E. The City Attorney will not be appointed to be or act as the Violations Hearing Special Magistrate. F. The City Manager will designate a City employee as Clerk for the Special Magistrate. The City Manager may designate additional City employees as Deputy Clerks as he deems appropriate to the efficient conduct of the Violations Hearing Special Magistrate's business. § 16-2. - Powers and duties of the Violations Hearing Special Magistrate Board. A. The Violations Hearing Special Magistrate Beard-is empowered to hear cases of contested Notices of Violations as issued by Officers and Community Service Officers of the Ocoee Police Department, the Ocoee Fire Department and any other city employee as designated by the Chief of Police. B. The types of cases heard before the Violations Hearing Special Magistrate Board shall be determined by the Chief of Police. The Violations Hearing Special Magistrate Board-may not hear cases outside the scope assigned by the Chief of Police. However, this shall not preclude the Violations Hearing Special Magistrate Board from having discussions and/or making suggestions to the Chief of Police relating to the types of cases heard before the Violations Hearing Special Magistrate-Board. C. The Violations Hearing Special Magistrate Board shall utilize definitions established by Florida Statutes and/or the Manual on Uniform Traffic Control Devices relating to the definition of terms for traffic violations which are not established by City Ordinance. D. The Violations Hearing Special Magistrate Board shall adopt rules for transactions of its business and shall keep a record of its resolutions, transactions, findings and determinations. E. If the Violations Hearing Special Magistrate Board determines that the violation(s) listed in the Notice of Violation was committed, the Violations Hearing Special Magistrate Board-shall impose a fine. If the Violations Hearing Special Magistrate Board determines that the violation(s) listed in the Notice of Violation was not committed, then the filing fee as provided herein shall be returned. F. The Violations Hearing Special Magistrate Board-should not be used to try to influence the City Commission in budget or personnel matters relating to the Police Department. G. Coordination with the Violations Hearing Special Magistrate Board shall be the responsibility of the Chief of Police or his or her designee-• _ •- .-_-• ••-• - ••-••e ---•e•- -- - ••••. The Chief of Police shall maintain complete and current files on the Violations Hearing Special MagistrateBoard, its hearingsmeetings,and its activities. § 16-3.- Notice of violation requirements. A Notice of Violation issued for a violation of the Code shall include: A. The name, address and driver's license number(if applicable) of the violator; and B. Notice that the violation charged is pursuant to the applicable Code provision; and C. The location where the violation occurred; and D. The date and time of the violation; and E. If the violation involves a motor vehicle: (1) The license plate number and registration number of the vehicle; and (2) The make, model, and year of the vehicle; and F. The civil penalty imposed; and G. The procedures for payment of the civil penalty and contesting the notice of infraction; and H. Information advising the violator of the manner and time in which liability as alleged in notice of violation may be appealed and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability. § 16-4.- Notice of violation fines and procedures. A. Any person violating any provision of this Code who receives a Notice of Violation shall be subject to a fine as set forth in a Resolution adopted by the City Commission. B. Any person who receives a Notice of Violation shall have the following options: (1) Pay the assessed fine pursuant to the instructions on the Notice of Violation; or (2) File a Contesting Affidavit to contest the violation at a hearing before the Violations Hearing Special Magistrate Beard-as provided herein. C. The failure to comply with (1) or (2) above within thirty (301 calendar days of the date of the Notice of Violation shall constitute a waiver of the right to contest the Notice of Violation and will be considered an admission of liability. D. Violators who fail to either pay the fine indicated on the Notice of Violation or to request a hearing before the Violations Hearing Special Magistrate Board may be subject to the following: referral to a collection agency for collection of the fine and/or denial of vehicle registration, or booting of vehicle (for violations related to vehicles and traffic). § 16-5. - Hearings. A. The Violations Hearing Special Magistrate Board shall hear contests to Notices of Violations. B. Violators who desire to schedule a hearing to contest a Notice of Violation must file a Contesting Affidavit within thirty (301 days from the date of the Notice of Violation with the City Police Department along with the appropriate filing fee, as provided in a fine resolution adopted by the City Commission. C. Upon receipt of a request for a hearing, the City Police Department shall schedule a hearing before the Violations Hearing Board Special Magistrate to occur within sixty (601 calendar days after receipt of the Contesting Affidavit. The City shall provide notice of the hearing to the violator no less than ten calendar days prior to the date of the hearing. The notice of the hearing shall be delivered via certified U.S. mail to the same address set forth on the Notice of Violation. D. The City representative who issued the Notice of Violation shall testify at the hearing. The violator may also testify and the violator or his or her representative may present witnesses and introduce evidence. E. Based on the evidence presented at the hearing, the Violations Hearing Board Special Magistrate shall make a determination as to whether the Code violation was committed by the violator. At such hearing or within fifteen (151 days after the hearing, the Violations Hearing Board Special Magistrate shall issue a written order stating its findings and the amount of the fine, as applicable. F. Formal rules of evidence shall not apply at the hearing and any relevant evidence may be admitted. Hearsay evidence may be admitted, but shall not form the sole basis upon which the Special Magistrate's Violation Board's decision is made. Irrelevant and unduly repetitious evidence may be excluded. The hearing shall be conducted in a manner to ensure that procedural and substantive due process is afforded the violator. G. In addition to the civil penalty imposed pursuant to the resolution adopted in accordance with this Chapter, if the Violations Hearing Special Magistrate Beard-determines the violation was committed, the violator shall also responsible for payment of hearing costs, identified as the administrative fee (including filing fee) in the resolution adopted by a resolution of the City Commission. H. In the event that the City decides to dismiss the Notice of Violation or if the Violations Hearing Special Magistrate Board dismisses the Notice of Violation, the filing fee shall be refunded. I. In the event that the Violations Hearing Special Magistrate Board determines that the violation was committed, the violator shall be deemed to have waived his or her right to pay the original amount of the fine as indicated on the Notice of Violation. A fine of up to $250 plus hearing costs as provided in the fine resolution may be imposed by the Violations Hearing Special Magistrate-Board. In such event, the filing fee shall be deducted from the fine. J. Failure to appear before the Violations Hearing Special Magistrate Board at the time of hearing will result in the imposition of a fine and hearing costs as determined by the Violations Hearing Special Magistrate Board. § 16-6. -Collection of fines. The City Manager or his/her designee may establish procedures for the collection of a fine imposed herein, and may enforce collect such fine by civil action in the nature of debt. The violator shall also be responsible for payment of any costs incurred by the City in any legal proceedings or other efforts instituted to collect money due under this Chapter. S. 16-7. Dissolution of the Violations Hearing Board. The Violations Hearing Board, established in Ordinance 2013-005, as amended, is hereby dissolved.