Legal Documents of Sweetwater
Code of Sweetwater
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Code of Sweetwater
Title 12 Building, Utility, etc. Codes
Chapter 12 Office Of Administrative L Aw Judge
Title 12 Building, Utility, etc. Codes
Chapter 12 Office Of Administrative L Aw Judge
Sweetwater
Title 12 : Building, Utility, etc. Codes
Chapter 12 : Office Of Administrative L Aw Judge
12-1209 : Review of citation - levy of fines.
- Upon receipt of a citation issued pursuant to Section 6-107, the administrative law judge shall, within seven (7) business days of receipt, review the appropriateness of an alleged violation. Upon determining that a violation does exist, the administrative law judge has the authority to levy a fine upon the alleged violator in accordance with this section. Any fine levied by a administrative law judge must be reasonable based upon the totality of the circumstances.
- For violations occurring upon residential property a administrative law judge has the authority to levy a fine upon the violator not to exceed five hundred dollars ($500.00) per violation. For purposes of the administrative law judge program, "residential property" means a single family dwelling principally used as the property owner's primary residence and the real property upon which it sits.
- For violations occurring upon non-residential property a administrative law judge has the authority to levy a fine upon the violator not to exceed five hundred dollars ($500.00) per violation per day. For purposes of the administrative law judge program, "non-residential property" means all real property, structures, buildings and dwellings that are not residential property.
- If a fine is levied pursuant to subsection (1), the administrative law judge shall set a reasonable period of time to allow the alleged violator to remedy the violation alleged in the citation before the fine is imposed. The remedial period shall be no less than ten (10) or greater than one hundred twenty (120) calendar days, except where failure to remedy the alleged violation in less than ten (10) calendar days would pose an imminent threat to the health, safety or welfare of persons or property in the adjacent area.
- Upon the levy of a fine pursuant to subsection (1), the administrative law judge shall within seven (7) business days, provide via certified mail notice to the alleged violator of:
- The fine and remedial period established pursuant to subsections (1) and (2);
- A statement of the time, place, nature of the hearing, and the right to be represented by counsel; and
- A statement of the legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the statutes and rules involved.
- The date of the hearing shall be no less than thirty (30) calendar days following the issuance of the citation. To confirm the hearing, the alleged violator must make a written request for the hearing to the administrative law judge within seven (7) business days of receipt of the notice required in subsection (3).
- If an alleged violator demonstrates to the issuing officer's satisfaction that the allegations contained in the citation have been remedied to the issuing officer's satisfaction. the fine levied pursuant to subsection (1) shall not be imposed or if already imposed cease; and the hearing date, if the hearing has not yet occurred, shall be cancelled. (as added by Ord. #894, March 2013 Ch8_08-05-24)
Date Last Updated: 08/05/2024
Codification Date: 03/01/2004
Officials at Date of Last Codification:
Mayor - Doyle F. Lowe
Vice Mayor - Sam Moser
Commissioner - Lamar Hughes
Commissioner - Johanna Jinks
Commissioner - Alan Richeson
Commissioner - James A. Stutts
Recorder - Sonya Crush
City Attorney - John Cleveland