§ 7.44.080 — Notice of Infraction—Acknowledgement—Hearings

7.44.080 - Notice of Infraction—Acknowledgement—Hearings.

(A) A person must respond to a Notice of Infraction in one of the following ways: (1) "Admit" responsibility for the commission of the violation and liability for the civil penalty imposed, and pay the applicable civil penalty; (2) Contact the Director of Public Safety or an authorized designee, "admit" such responsibility and liability, and arrange a schedule for the payment of such penalty; or (3) Request a binding hearing, as provided for in Subsections (B) to (I), inclusive, of this Section in order to dispute the propriety of the issuance of the Notice of Infraction or liability for the violation. (B) A person may initiate a hearing pursuant to Paragraph (3) of Subsection (A) of this Section by: (1) Contacting the Director of Public Safety or a designee; (2) Providing his/her name, current address and the Notice(s) of Infraction(s) and penalties thereon which such person wishes to subject to such hearing; and (3) Obtaining a date for the hearing. (C) Any person initiating such a hearing in this manner (the "defendant") shall be bound by the decision of the Hearing Officer concerning liability for the infraction(s) and responsibility for the penalties related thereto. If a defendant scheduling a hearing before the Hearing Officer fails to appear at the hearing without having first sought and obtained a continuance of the hearing, the Hearing Officer may enter a decision against the defendant for the full amount of penalties scheduled to be reviewed. In connection with the request for a hearing, the defendant must acknowledge the binding nature of the hearing and the Hearing Officer's authority in the event the defendant fails to appear at a hearing. The acknowledgment shall be in substantially the following form: I ___________, hereby request a binding hearing before the Hearing Officer. My address is _________________________. I request that this hearing involve Notice(s) of Infraction(s) Number ___________. I understand that the Hearing Officer is an attorney and not an elected or appointed judge. I understand that I am bound by the decision of the Hearing Officer. I understand that if I fail to appear for the scheduled hearing before the Hearing Officer without first obtaining a continuance of such hearing, the Hearing Officer may enter a decision against me for the full amount of the penalties scheduled to be reviewed. I understand and agree that if necessary due to my lack of timely payment, the City of Las Vegas can and will use this binding decision to have a formal civil judgment entered against me in the Las Vegas Municipal Court. I understand that if a civil judgment is obtained, the City may seek and obtain a writ of execution against me. I understand that if a writ of execution is obtained, my wages and/or bank accounts may be garnished, and liens may be put on my property. Knowing all of the above, I still wish to request a binding hearing before the Hearing Officer on the above-described Notice(s) of Infraction(s). I hereby acknowledge the above and further acknowledge that at my request a hearing has been set for _______________, 20_____ at the hour of _____ m. ___________ Defendant (D) Any hearing conducted pursuant to this Section shall be presided over by a Hearing Officer who shall be an attorney licensed to practice law in the State of Nevada. With respect to any such hearing, a properly filed Notice of Infraction shall constitute a claim of liability and a claim for relief and no other such claim shall be required. Prima facie proof of the violation alleged shall be established by the City providing the Hearing Officer with either a certified copy of the Notice of Infraction or the data stored in a computer or other device, as described in Subsection (C) of Section 7.44.060. No formal appearance by the City Attorney's office is required. The hearings and dispositions of all such actions shall be informal, with the Hearing Officer receiving witness statements or testimony and other evidence for the sole purpose of dispensing fair and speedy justice between the parties. (E) The burden of proving any defense shall be upon the person raising such defense. (F) If the Hearing Officer finds that a violation did not occur or that the defendant should not be held liable, the Hearing Officer shall enter a decision for the defendant. (G) The defendant shall pay the total civil penalties forthwith or at such times and on such conditions as the Hearing Officer shall prescribe if it is found that the person has either failed to appear or otherwise defend against the issuance of the Notice of Infraction as agreed or that the violation was committed and no applicable defense exists. (H) Upon reaching a decision, the Hearing Officer shall as soon as practicable thereafter, file a written decision substantially conforming to the following form: City of Las Vegas, Clark County, Nevada, City of Las Vegas, Plaintiff v. _______________, Defendant. Before, _______________, Hearing Officer for the City of Las Vegas, Clark County, Nevada, decision is entered in favor of _______________, (plaintiff or defendant) for $__________ (enter $0.00 if judgment is for the defendant), on the _____day of __________, 20_____. I certify that the foregoing is a correct reflection of the decision entered in the action properly brought for my consideration pursuant to LVMC Chapter 7.44. _________________________ Hearing Officer (I) The City Attorney may petition the Las Vegas Municipal Court for the entry of a civil judgment against the defendant in an amount equal to that stated in the written decision of the Hearing Officer if the City Attorney determines this action to be necessary to enforce the decision. Service of such petition on the defendant must be made by certified mail, return receipt requested, restricted delivery, addressed to the defendant at the defendant's last known address, or in any other manner which is authorized by law. An affidavit or declaration of mailing, a signed, returned receipt, or other evidence of service shall be filed upon such service of the petition. Once a petition for civil judgment pursuant to this Subsection (I) has been filed with the Municipal Court, the assigned judge has jurisdiction to grant or deny the relief prayed for therein.

(Ord. No. 6518, § 11, 4-6-16; Ord. No. 6180, § 2, 3-7-12)