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Ordinance 2019-1782
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Ordinance 2019-1782
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Last modified
3/12/2021 11:04:42 AM
Creation date
9/12/2019 8:45:46 AM
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City Council Records
Doc Type
Ordinance
Ord/Res - Year
2019
Ord/Res - Number
1782
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D. If an incomplete complaint is received, the date on which the <br />originally filed complaint was received is considered the filed date if a complete <br />copy is received within three (3) business days of notification from the City Clerk <br />that the complaint was incomplete. <br />E. If the City Clerk determines that the complaint was not timely filed, <br />has not specifically identified a violation of Article XXVIII or the FCPA, or that <br />the complainant did not assert facts or provide information sufficient to support the <br />alleged violations, the City Clerk will dismiss the complaint and notify the <br />complainant and respondent of the reasons for dismissal. The City Clerk's dismissal <br />is a final decision, and subject to review under Rule 106 of the Colorado Rules of <br />Civil Procedure. <br />F. If the complaint is not dismissed pursuant to Subsection E, the City <br />Clerk shall issue notice to the respondent by personal service, regular mail or <br />electronic mail. The notice of violation shall: <br />1. Cite the section or sections of Article XXVIII or the FCPA the <br />person allegedly violated and a general description of the violation. <br />2. Allow seven (7) business days for the correction of the violation <br />or submission of a written statement explaining the reason that supports a <br />conclusion that a violation was not committed. <br />3. Set forth the applicable civil fine for each violation, except that <br />no such fine shall be due or payable if the person cures the violation within <br />seven (7) business days of the date of the notice of violation. <br />4. Allow fourteen (14) business days for submission of a written <br />request for an informal hearing before a hearing officer. <br />G. In the event the violation cannot be cured by complying with the <br />reporting requirements in Article XXVIII or the FCPA, the person shall propose an <br />alternative resolution to cure the violation to the City Clerk. The City Clerk shall <br />have the discretion to accept, recommend an alternative, or decline the proposed <br />alternative resolution. Acceptance of an alternative resolution by the City Clerk is <br />deemed to be a cure of the violation if made within seven (7) business days of the <br />date of the notice of violation. <br />H. If the person fails to cure or otherwise remedy the violation, the <br />person shall within fourteen (14) days of the date of the notice of violation either <br />pay the fine or contest the violation by submitting to the City Clerk a written request <br />for hearing. <br />I. Upon timely receipt of a written request for a hearing, the City Clerk <br />Ordinance No, 1782, Series 2019 <br />Page 3 of 7 <br />
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