§ 11-2-42. Procedures.

(a)

Upon determining that one or more violations of this chapter have occurred, the DIRECTOR shall cause a written notice of the violation or violations to be delivered to the PERSON who is in violation of this chapter and, in the case of an owner of a FOOD ESTABLISHMENT or MOBILE FOOD ESTABLISHMENT who is in violation of this chapter, to the owner or to the PERSON IN CHARGE of the FOOD ESTABLISHMENT or MOBILE FOOD ESTABLISHMENT. The notice shall, with respect to each violation, contain the following information:

(1)

a description of the violation, with a citation to the city code or FDA Food Code section that has been violated;

(2)

a statement of the amount of the civil penalty to be assessed; and

(3)

a statement that the PERSON or owner in violation may elect either (i) to make an appearance in person, or in writing by mail, to the treasurer of the city by a specific date, admit liability for or plead no contest to the violation, abate the violation, and pay the civil penalty established for the violation, or (ii) to contest the violation by filing with the DIRECTOR, within 10 days of receipt of the notice, a written notice of the election to contest the violation, in which case the PERSON or owner shall be entitled to an administrative hearing before the DIRECTOR.

(b)

If, after an administrative hearing, the DIRECTOR finds that a violation of this chapter has occurred, the PERSON or owner found to be in violation shall, within 10 days of the finding, pay the civil penalty originally assessed.

(c)

If a PERSON or owner charged with a violation of this chapter does not elect to admit liability or plead no contest and to pay the assessed penalty, or, following an administrative hearing which results in a finding that a violation has occurred, does not pay the assessed penalty, the violation shall be tried in the Alexandria General District Court upon a warrant in debt or a motion for judgment, with the same right of appeal as provided in civil actions at law.

(d)

A plea of no contest to, and a finding or admission of liability for, a violation of this chapter shall not be deemed a criminal conviction.

(e)

The remedies provided in this section are cumulative and not exclusive. The designation of a violation of this chapter as a civil violation shall not be construed as prohibiting city officials from initiating appropriate administrative or civil procedures to prevent, correct, restrain or abate violations of the chapter. (Ord. No. 4889, 6/14/14, Sec. 1)