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<br />Section 82-239. Appeal to hearing officer. <br /> <br />(a) The City's hearing officer, as defined in Section 82-232, shall <br /> <br />consider appeals under this Article. Within 21 days of the date of the <br /> <br />notice of infraction, the owner may file an appeal with the City pursuant to <br /> <br />the directions in the notice of infraction. A hearing on the appeal shall be <br /> <br />scheduled for all appeals. <br /> <br />LW In the event the owner does not receive notice of the infraction <br /> <br />within the time oeriod to file an aooeal. the owner mav reouest a hearino <br /> <br />before the hearina officer for a determination of whether extenuatina <br /> <br />circumstances orevented the owner from filino a timelv notice of aooeal. <br /> <br />Extenuatina circumstances consist of one of the followina: <br /> <br />i. Failure bv the Citv to orovide the notice of infraction <br /> <br />within 14 davs from the date of the infraction: <br /> <br />ii. failure of the owner to receive the notice of infraction <br /> <br />even thouoh the notice was sent to the orooer address: <br /> <br />iii. failure of the owner to receive the notice of infraction due <br /> <br />to a chanoe of address where the owner orovides oroof <br /> <br />that the Deoartment of Motor Vehicles was orovided <br /> <br />timelv notice of the address chanoe: <br /> <br />iv. failure of the owner to receive the notice of infraction <br /> <br />because the vehicle was leased and the lessor failed to <br /> <br />orovide the notice of infraction to the owner in a timelv <br /> <br />Ordinance No. 09-1309 <br />Page 3 <br />