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The processing agency may review appeals or other objections to a parking citation pursuant to the procedures set forth in this section.

(1) For a period of 21 days from the issuance of a parking citation, or 10 days from the mailing of a notice of delinquent parking citation, an operator may request initial review by the processing agency. The request for initial review may be made in writing, by telephone, or in person.

(2) The initial review by the processing agency shall consist of those procedures outlined in CMC 10.08.130(1)(a).

(3) If the operator is dissatisfied with the results of the initial review, the operator may contest the parking citation or notice of delinquent parking violation through an administrative hearing review process as outlined in CMC 10.08.130(2)(a).

In order to contest the parking citation, the operator must deposit with the processing agency the full amount of the parking penalty on or before the fifteenth day following the mailing to that operator of the results of the processing agency’s initial review. At the same time, the operator must provide a written explanation of the reason or reasons for contesting the parking citation on a form provided by the processing agency. If the operator is unable to deposit the full amount of the parking penalty, the operator must provide verifiable and substantial proof of an inability to deposit the parking penalty. Upon presentation of such proof, the processing agency shall proceed with the contest procedure despite the operator’s failure to deposit the full amount of the parking penalty. If it is ultimately determined that the operator is not liable for the parking violation, then the full amount of the parking penalty deposited shall be refunded.

The contestant may contest the parking citation either by written declaration, on forms provided by the processing agency, or by personal appearance before a hearing examiner.

(4) Notwithstanding the provisions of subsection (3) of this section, if the vehicle has been immobilized or impounded for unpaid parking citations, the processing agency shall permit the registered owner of the vehicle to contest the parking citations upon which the seizure was based, without requiring a deposit of the parking penalty; provided, that the vehicle remains under the control of the immobilizing or impounding agency.

(5) The processing agency shall provide, through the administrative policy, procedures for contesting parking citations and notices of delinquent parking violations. The administrative policy shall be approved by the city manager, notice of its approval shall be posted or published, and a copy thereof shall be available to the public in the office of the city clerk. (Ord. 481 § 1. 2002 Code § 8-10.4).