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• notice. If an appeal is not requested within the ten (10) day period. <br />the notice of violation becomes final, and the stated penalty shall <br />be immediatelv due and oavable. <br />C. If the director receives a request for an appeal, the request will be <br />forwarded to the Municipal Court of Record where, followine <br />notice of the date, time and location of the hearing, a hearing on <br />the appeal will be conducted. <br />d. An appeal hearing will be conducted in the same manner as a <br />bench trial for a Class C misdemeanor. At the conclusion of the <br />hearing, the Judge may, based on the evidence and testimonv, enter <br />an order dismissinia, upholding, or amending the penalty that was <br />previouslv assessed by the director. The order entered by the <br />Municipal Court of Record is a final order on the matter. <br />(5) A civil penalty assessed against a utilitv customer for violation of this <br />division may be collected through the utilitv billing system as part of the <br />consolidated billing system. All such civil penalties are subiect to the <br />provisions of Sections 86.199 and 86.200 of the San Marcos Code of <br />Ordinances. <br />• Secs. 86.6067- -625. Reserved. <br />SECTION 2. To facilitate the proper and orderly codification of this ordinance, <br />various provisions of Chapter 86, Article 9 encompassed or affected by this ordinance <br />may be renumbered or reformatted at the discretion of the codifier. <br />SECTION 3. If any word, phrase, clause, sentence, or paragraph of this <br />ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, <br />the other provisions of this ordinance will continue in force if they can be given effect <br />without the invalid portion. <br />SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions <br />in conflict with this ordinance are repealed. <br />SECTION 5. This ordinance will take effect after its adoption and publication <br />of its caption in a newspaper of general circulation in the City. <br />PASSED AND APPROVED on first reading on February 15, 2011 <br />PASSED, APPROVED AND ADOPTED on second reading on March 24, 2011 <br />19 <br />