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06/04/63 <br /> <br />618.150 Control of Rejected Weights and Measures, Disposition of. Weights and measures that <br />have been rejected under the au~ority of the Supervisor or the Chief Inspector or an inspector shall remain <br />subject to the control of the office of Weights and Measures until such time as suitable repair or disposition <br />thereof has been made as required by this Section. The owner of such condemned weights and measures <br />shall cause the same to be made correct within ten (10) days or, in lieu of this, may dispose of the same, but <br />only in such manner as is specifically authorized by the office of Weights and Measures. Weights and <br />measures that have been condemned shall not again be used commercially until they have been officially <br />re-examined and found to be correct, or until specific written permission for such use is issued by the <br />Supervisor of Weights and Measures. <br /> <br />618.160 Condemnation of Non-conforminglnstruments. Whenever the supervisor, the Chief <br />Inspector or the inspectors shall upon exam~_ation or test discover that any inslxument used for weighing <br />or measuring does not conform to the standard required by law he shall mark such instrumem "condemned", <br />and the owner thereof shall within ten (10) days thereafter have the same properly adjusted and sealed, and <br />if such person shall fail to do so, it shall be the duty of the inspector to seize and destroy such condemned <br />insmmaent. After such instrument shall have been condemned, the owner shall not use the same until it has <br />been properly adjusted and sealed. Such "condemned" tags, stickers or markings shall not be removed by <br />anyone other than the rejecting authority. <br /> <br />618.170 Notice of Confiscation, Hearing, Decision, Appeal. <br /> (1) Immediately after the seizing or confiscation of any weights, measures or other instruments <br /> used for weighing or measuring, the Supervisor of Weights and Measures shall give the owner of <br /> such scales, weights, measures, or other weiEhing devices, or his agent or employee, at least ten (10) <br /> days written notice of the complaint or charge, and shall fix the date for a hearing on said complaint <br /> or charge upon which hearing the party summoned shall have the right of counsel and produce <br /> wimesses in his behalf. For the purpose of said hearing the Supervisor of Weights and Measures is <br /> empowered to issue subpoenas and all necessary processes, administer oaths, and take testimony at <br /> said hearing. <br /> <br />(2) If the Supervisor of Weights and Measures shall, after such hearing, decide that the scale, <br />weight, measure, weighing or measuring device or other article so seized, was used or kept in <br />violation of any of the provisions of this ordinance, he shall order the scale, weight, measu~, <br />weighing or measuring device destroyed; provided, however, if any such scale, weight, measure, <br />w~ighing or measuring device can be made to conform to the standards prescribed by the laws of the <br />United States or of this State or County, the same shall be adjusted and sold at public auction and <br />the proceeds shall be turned over by the Supervisor to the County Treasurer. <br /> <br />(3) The decision and action of the Supervisor at the hearing shall be reviewable in a court of <br />competent jurisdiction by a writ of certiorari filed by any person aggrieved thereby, within ten (I 0) <br />days after said decision in writing has been made and forwarded to the owner. No scale, weight, <br /> <br />W~EAO-6 <br /> <br /> <br />