5-5-4. Default hearings and orders.

(1) If the responsible person fails to request a hearing before the expiration of the ten day deadline, the case shall be set for a default hearing. The hearing officer shall schedule a default hearing. The responsible person shall be notified of the date, time, and place of the hearing by one of the methods listed in Section 5-2-1 .

(2) A default hearing shall be scheduled for all cases that have outstanding or unpaid civil penalties, fines, fees or costs due to the County before collection if a hearing on that case has not already been held.

(3) At the default hearing, the responsible person shall have the opportunity to present evidence to show that good cause exists to do one or more of the following:

(a) waive or reduce the fines which have accumulated;

(b) postpone an abatement action by the County; or

(c) excuse the responsible person's failure to request a hearing within the ten day period.

(4) (a) If the responsible person fails to establish good cause to take one or more of the actions set forth in Subsection (3), the hearing officer shall review the notice of violation and any other relevant information included in the case file. The hearing officer shall not accept any other evidence.

(b) If the evidence shows that the violations existed, the hearing officer shall enter an order requiring abatement of the violations and the payment of all fines and fees. Fines shall run until the enforcement officer issues a notice of compliance stating when the violations were actually abated. (Ord. 2005-05, 2/15/05 )