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SAN LEANDRO ADMINISTRATIVE CODE TITLE 2 CITY MANAGER tion and the general nature of the evidence then known by the City Manager. Notwithstand- ing the foregoing, the nature and extent of evidence which may be presented by the City Manager in any subsequent Enforcement Hearing pursuant to §2.3.125(d) below shall not be limited or abridged by reason of the presentment or non-presentment or recitation or non- recitation of such evidence in the course of the informal resolution efforts. (b) Council Preference for Cure. To the extent reasonably consistent with the goal of obtain- ing compliance with the Regulations, it shall be the policy of the City Council to notify the Company of a possible or alleged violation and, if said violation is then curable, allow a reasonable time for the Company to cure the possible or alleged violation. If the Company does so cure, in the absence of aggravating circumstances, it shall be the preference of the City Council to abstain from further enforcement action. (c) Determination of Probable Cause for Enforcement Hearing. In the event that the infor- mal efforts at resolution are ineffective or otherwise inappropriate: (1) The City Manager may notice the Company to meet with the City Manager on not less than ten (10) days notice to determine whether or not probable cause exists to believe that the Company has failed, neglected or refused to comply with the provi- sions of these Regulations; or (2) In the sole discretion of the City Manager, the City Manager may notice the Com- pany to meet with the Council on not less than ten (10) days notice to determine whether or not probable cause exists to believe that the Company has failed, ne- glected or refused to comply with the provisions of these Regulations. In either event, the probable cause determination shall be initiated by the City Man- ager's general statement of the alleged violations under investigation and the general nature of the evidence then known to the City Manager and/or the Council. Notwith- standing the foregoing, the nature and extent of evidence which may be presented by the City Manager in any subsequent Enforcement Hearing pursuant to §2.3.125(d) below shall not be limited or abridged by reason of the presentment or non- presentment or recitation or non-recitation of such evidence in the course of the probable cause determination. (d) Enforcement Hearings. Upon a determination of the City Manager or the Council pursuant to §2.3.125(a) above, the probable cause exists to believe that the Company has failed, ne- glected or refused to comply with the provisions of these Regulations, the City Council may hold such hearings, conduct such procedures and impose such remedies as are authorized by these Regulations. (e) Conduct of Enforcement Hearings. The hearing may be conducted either by the City Council or, at the sole discretion of the City Council, by a hearing officer appointed by the City Manager to conduct the hearing. Department Responsible for Revision: City Manager Chapter 2.3 11/20/2006 Page 3