§ 1-42. Preliminary review

(a) A person given a civil citation may request a preliminary review, if the request is received by the department within fourteen (14) days of the date the citation is issued, except a citation containing a notice of noncorrection of a building violation shall not be subject to a request for preliminary review.

(b) To obtain a preliminary review, the citee shall appear at the public service counter of the department at City Hall and bring a copy of the citation and file a signed written request stating the reasons why and any evidence showing no violation occurred or why he or she is not a responsible person for the violation. All filed requests shall be date stamped upon receipt by the department.

(c) The preliminary review shall be conducted by a city employee designated by the director. The reviewer shall not be the Code enforcement officer who issued the citation. The purpose of the review is to uncover and cancel any mistakenly issued citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the citation.

(d) The preliminary review may be decided on the same day filed by the citee and shall consist of a review of the citation and the written statement and any other evidence submitted at the time of the request by the citee and, at the discretion of the reviewer, any other related information. The review shall be decided whenever reasonably possible at the time the request is received or otherwise within three (3) business days of receipt of the request.

(e) The citee shall be notified of the results of the review by being given a notice of decision. The notice may be made by mail, facsimile, or in person. The department shall keep a record of all preliminary review requests, decisions, and notices for a two (2) year period.

(f) A request for preliminary review does not extend any time periods for compliance, including the fine due date, the time any correction period ends, and the time to request an administrative review.

(g) If the conclusion of the preliminary review is that no Code violation occurred or that the citee was not responsible for the violation, the citation shall be canceled.

(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00)

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Former § 1-39