§ 1.12.070. Hearing—Failure to appear or pay fine.

A.

If any person so notified to appear desires to contest the violation alleged in the notice to appear and also to avail himself or herself of the procedures established pursuant to this article, he or she may, within twenty-one days after the date of the notice, request a hearing in writing. Such hearing shall be held before a judge, clerk or assistant clerk of the Chelsea Division District Court Department, as the court directs, and if the judge, clerk or assistant clerk, after hearing, find that the violation occurred and that it was committed by the person so notified to appear, the person so notified shall be permitted to dispose of the as aforesaid, or such lesser amount as the judge, clerk or assistant clerk orders, which payment shall operate as a final disposition of the case. If the judge, clerk or assistant clerk, after hearing, finds that the violation alleged did not occur or was not committed by the person notified to appear, that finding shall be entered in the docket, which shall operate as a final disposition of the case. Proceedings held pursuant to this article shall not be deemed to be criminal proceedings. No person disposing of a case by payment of such a penalty shall be required to report to any probation office as a result of such violation, nor shall any record of the case be entered in the probation records.

B.

If any person so notified to appear before the clerk of the Chelsea Division District Court Department fails to pay the fine provided under this article within the time specified or, having appeared, does not confess the offense before the clerk or pay the sum of money fixed as a penalty after a hearing and finding as provided in subsection A of this section, the clerk shall notify the enforcing person who issued the original notice, who shall determine whether to apply for the issuance of a complaint for the violation of the appropriate ordinance, rule or regulation.

(C.O.83-52 § 6 (part); C.O. 81-167 (part): prior revision § 1-7G)