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<br />KCHD ORDINANCE 1999- 44 SOLID WASTE REGULATIONS <br />e. The court may enter a default judgment assessing the monetary penalty prescribed for the <br />infraction, and may notify the prosecuting attorney of the failure to respond to the notice of civil <br />infraction or to appear at a requested hearing if any person issued a notice of civil infraction: <br />(1) Fails to respond to the notice of civil infraction as provided in Section VII.D.8.b.; or <br />(2) Fails to appear at a hearing requested pursuant to either Section VII.D.8.c. or Section <br />VII.D.8.d. <br /> <br />9. Notice. Failure To Sign, Non-Appearance - Failure To Satisfy Penalty. <br />a. A person who fails without just cause to sign a notice of civil infraction is guilty of a misdemeanor. <br />b. Any person willfully violating his or her written and signed promise to appear in court or his or her <br />written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor <br />regardless of the disposition of the notice of civil infraction; provided that a written promise to <br />appear in court or a written promise to respond to a notice of civil infraction may be complied with <br />by appearance by counsel. <br />c. A person who willfully fails to pay a monetary penalty or to perform community service as required <br />by a court under these regulations may be found in civil contempt of a court after notice and <br />hearing. <br />10. Representation by Attorney. <br />a. A person subject to proceedings under these regulations may appear or be represented by counsel. <br />b. The prosecuting attorney representing the Health Department may, but need not, appear in any <br />proceedings under these regulations, notwithstanding any statue or court rules to the contrary. <br />11. Infraction - Hearing - Procedure - Burden of Proof - Order - Appeal. <br />a. A hearing held to contest the determination that an infraction has been committed shall be without a <br />jury. <br />b. The court may consider the notice of civil infraction and any sworn statements submitted by the <br />Health Department's authorized representative who issued and served the notice in lieu of his or her <br />personal appearance at the hearing. The person named in the notice may subpoena witnesses, <br />including the authorized representative who has issued and served the notice, and has the right to <br />present evidence and examine witnesses present in court. <br />c. The burden of proof is on the Health Department to establish the commission of the infraction by a <br />preponderance of the evidence. <br />d. After consideration of the evidence and argument, the court shall determine whether the infraction <br />was committed. If it has not been established that the infraction was committed, an order <br />dismissing the notice shall be entered in the court's records. If it has been established that a civil <br />infraction has been committed, an appropriate order shall be entered in the court's records.