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A. A party served with a Civil Citation or complaint shall appear at the time and place stated in the citation or summons, or may appear prior to the time and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are deemed admitted.

B. If the allegations are admitted, the Court shall enter judgment for the City and impose a Civil Sanction.

C. If the party denies the allegations, the Court shall set the matter for hearing. Civil Hearings are informal and held without a jury, and the City is required to prove the violation charged by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. If the person elects to be represented by counsel, the person shall so notify the Court at least ten days prior to the hearing date. Hearings may be recorded. If the Court finds in favor of the party, the Court shall enter an order dismissing the citation or complaint. If the Court finds in favor of the City, The Court shall enter judgment for the City and impose a Civil Sanction.

D. If the party served with a Civil Citation or complaint fails to appear on or before the time directed to appear or at the time set for hearing by the Court, the allegations shall be deemed admitted and the Court shall enter judgment for the City and impose a Civil Sanction.

E. Failure of a party to pay a Civil Sanction upon final adjudication of the Civil Action as provided by law shall result in the automatic termination of the subject right-of-way use permit and any such party who is a certificate holder shall be prohibited from obtaining additional right-of-way temporary use permits until all outstanding Civil Sanctions have been dismissed or paid in full. (Ord. No. G-5277, § 10, 2008)

*Editor’s note—Ord. No. G-5277, adopted 11-12-2008, effective 12-12-2008, inadvertently misnumbered section 10 of said ordinance as chapter 10 and subsequently misnumbered section 11 of said ordinance as section 10. At the editor’s discretion, these sections of said ordinance have been interpreted as sections 10 and 11.