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A. Any person charged with a civil infraction may contest the same instead of paying the fee. Such contest shall be commenced no later than fifteen (15) calendar days after the notice of infraction has been issued by causing written request for a hearing to be delivered to the office of the civil violations hearing examiner. Failure to contest the notice of infraction within five (5) calendar days or ten (10) calendar days as provided in section 6-2A-6 of this article, may affect the fee chargeable in the manner indicated in the event the violation is not successfully contested. If a person contesting a civil infraction refuses to give a correct mailing address on the written notice of contest, the infraction shall be deemed to be in default and not contested.

B. When a civil infraction is contested, the hearing examiner shall conduct a civil hearing with respect thereto. The notice of infraction shall constitute prima facie evidence that the infraction alleged therein actually occurred. The hearing shall be conducted as informally as the circumstances will allow and shall be based on the civil standards of a preponderance of the evidence. At the hearing, any party may be required to testify.

C. The hearing examiner shall decide if the alleged civil infraction occurred. If the hearing examiner finds that it did not occur, the notice of infraction shall be without any further force or effect. If the hearing examiner finds that it did occur, the person to whom the notice of infraction was issued shall have the obligation set forth in sections 6-2A-5 and 6-2A-6 of this article. Compliance with those sections shall be within five (5) calendar days after the hearing, unless the decision is given by mail rather than at the hearing, in which event compliance shall be within ten (10) calendar days after the decision is mailed to the address given on the written notice of contest. The notice of infraction shall be considered to be in default if there is not compliance with this article in the time periods provided in this subsection. (Ord. 12-5-91, 12-19-1991)