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<br />KCHD ORDINANCE 1999- 45 SOLID WASTE REGULATIONS <br />e. An appeal from the court's determination or order shall be to the Superior Court in the manner <br />provided by the Rules of Appeal of Decisions of Courts of Limited Jurisdiction. The decision of <br />the Superior Court is subject only to discretionary review pursuant to the Rules of Appellate <br />Procedure. <br />12. Infraction - Explanation of Mitigating Circumstances. <br />a. A hearing held for the purpose of allowing a person to explain mitigating circumstances <br />surrounding the commission of an infraction shall be an informal proceeding. The person may not <br />subpoena witnesses. The determination that an infraction has been committed may not be contested <br />at a hearing held for the purpose of explaining mitigating circumstances. <br />b. After the Court has heard the explanation of the circumstances surrounding the commission of the <br />infraction, an appropriate order shall be entered in the court's records. <br />13. Monetary Penalties - Restitution. <br />a. In addition to or as an alternative to any other judicial or administrative remedy provided in this <br />regulation or by law or other rules and regulations, any person found to have committed an <br />infraction shall be assessed a monetary penalty. All violations of this ordinance shall be <br />denominated Class I Civil Infractions. <br />b. Whenever a monetary penalty is imposed by court under this ordinance it is immediately payable. <br />If the person is unable to pay at that time, the court may grant an extension of the period in which <br />the penalty may be paid. If the penalty is not paid on or before the time established for payment, <br />the court may proceed to collect the penalty in the same manner as other civil judgments and may <br />notify the prosecuting attorney of the failure to pay. The court shall also notify the Health <br />Department of the failure to pay the penalty, and the Health Department shall not issue the person <br />any future permits or approvals until the monetary penalty has been paid. <br />c. The court may also order a person found to have committed a civil infraction to make restitution. <br />14. Order of Court - Civil Nature - Modification of Penalty - Community Service. <br />a. An order entered after the receipt of a response which does not contest the determination, or after it <br />has been established at a hearing that the civil infraction was committed, or after a hearing for the <br />purpose of explaining the mitigating circumstances is civil in nature. <br />b. The court may waive, reduce to be consistent, or suspend the monetary penalty prescribed for the <br />civil infraction. If the court determines that a person has insufficient funds to pay the monetary <br />penalty, the court may order performance of a number of hours of community service in lieu of a <br />monetary penalty, at the rate of the state’s current minimum hourly wage. <br />15. Costs and Attorney's Fees. <br />Each party in a civil infraction case is responsible for costs incurred by that party, but the court may <br />assess witness fees against a non-prevailing respondent. Attorney's fees may be awarded to either party <br />in a civil infraction case.