10.08.130 Contesting parking citation – Procedure.
(1) If an operator or registered owner contests a parking citation or a notice of delinquent parking violation, the processing agency shall do all of the following:
(a) First, either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the citation with respect to the contestant’s written explanation of the reason or reasons for contesting the parking citation.
If, based on the results of that investigation, the processing agency is satisfied that the violation did not occur or that the registered owner was not responsible for the violation by virtue of having sold, rented or leased the vehicle, or because legally supportable or mitigating circumstances as set forth in the administrative policy warrant a dismissal, the processing agency shall cancel the parking citation, and make an adequate record of the reason or reasons for canceling the parking citation. The processing agency shall mail the results of the investigation by first class mail to the contestant within 10 days of the decision.
(b) If the contestant is not satisfied with the results of the investigation provided for in subsection (1)(a) of this section, the contestant may, within 15 days of the mailing of the results of the initial investigation, deposit the amount of the parking penalty and other related fees or provide proof of inability to deposit the parking penalty, and request an administrative review.
(c) If the contestant prevails at the administrative hearing, then the full amount of the parking penalty deposited shall be refunded.
(2) The administrative review procedure shall consist of the following:
(a) The contestant shall make a written request for administrative review on a form and in a manner satisfactory to the processing agency and may request to contest the parking citation either in person or by written declaration.
(b) If the contestant is a minor, that person shall be permitted to appear at a hearing or admit responsibility for a parking citation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as if the minor were an adult.
(c) The administrative review shall be conducted before a hearing examiner.
(3) The issuing officer shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the parking citation, or copy thereof, and information received from the Department identifying the registered owner of the vehicle. This documentation in proper form shall be considered prima facie evidence of the violation.
(4) The processing agency’s final decision shall be in writing and delivered personally to the contestant or the contestant’s agent, or delivered by first class mail within 10 working days following the hearing.
(5) If the contestant is not the registered owner of the vehicle, all notices to the contestant required under this section shall also be given to the registered owner by first class mail.
(6) If the contestant does not prevail at the administrative hearing, the hearing examiner in his or her discretion may permit the performance of community service in lieu of payment of a parking penalty of $110.00 or more in order to avoid undue hardship on the contestant. If community service is not performed within the time allotted by the hearing examiner, the contestant shall be required to pay the parking penalty. If the contestant has deposited the full amount of the parking penalty prior to requesting administrative review, the parking penalty shall be refunded upon completion of the community service required to be performed. (Ord. 538 § 1; Ord. 481 § 1. 2002 Code § 8-10.13).