(a) Definitions. For purposes of this section, the following definitions apply:
"Administrator" means the City's Traffic Compliance Administrator.
"Base fine amount" means a fine amount assessed for a violation without including a penalty for late payment or other associated fees.
"Debt" means: (i) all fines, fees, and penalties that result from violations of parking, standing, compliance, automated speed enforcement, and automated traffic law enforcement ordinances as to which a notice of final determination for such violations have been issued, except for a violation of Section 9-64-190; (ii) fees that result from the immobilization, impoundment, towing, and storage of vehicles, except for impounded vehicle release fees; or (iii) collection costs or attorney's fees charged pursuant to Section 1-19-020 or Section 1-19-030.
“Default” means the non-payment or underpayment of a monthly amount due from an eligible participant.
“Eligible participant” means: (i) any individual who has a household income of 300 percent or less than the Federal Poverty Level, and who meets the eligibility requirements provided by rule; (ii) any individual who is currently enrolled in the City’s utility billing relief program provided in Section 11-12-545 of the Code; or (iii) any individual who is currently enrolled in the City’s administrative debt relief program established under Article XVII of Chapter 2-32 of the Code.
“Impounded vehicle release fees” means the towing, storage, boot, vehicle immobilization device tampering fee pursuant to Section 9-100-120(h), and returned check fees associated with the release of an impounded vehicle to an eligible participant. The term “impounded vehicle release fees” does not include the towing, storage, boot, and returned check fees associated with impounded vehicles that cannot be released to an eligible participant or which have been disposed of in accordance with applicable law.
“Look-back period” means a three-year period immediately prior to an eligible participant’s enrollment in the program.
“Payment period” means: (i) a 24-month period from the time an eligible participant is approved and enrolled in the program; or (ii) a 24-month period from the time an eligible participant continued to participate in the program after a first or second default.
“Program” means the City’s Clear Path Relief Program established pursuant to this section.
“Violation” means a parking, standing, compliance, or automated speed enforcement system or automated traffic law enforcement system violation, except for a violation of Section 9-64-190.
(b) Program created. The Administrator is authorized to establish income-based debt waiver, fine waiver and penalty waiver program known as the Clear Path Relief Program as provided in this section and rules promulgated hereunder. The program is intended to reduce debt burden on eligible participants.
(c) Income-based debt waiver. Notwithstanding any other provision of this Code to the contrary, an eligible participant who has paid, at once or through an installment payment plan, the base fine amounts, and any associated impounded vehicle release fees, for all violations that occurred during a look-back period by the end of the payment period shall have all debts that the eligible participant owes to the City that resulted from any violation that occurred prior to the look-back period waived. An eligible participant who defaults for a first or second time during the program may be eligible to continue in the program in accordance with rules adopted by the Administrator. Provided, however, if the eligible participant defaults for a third time during the program or becomes ineligible for the program, as determined by the Administrator, all unpaid debts that the eligible participant owed to the City, including debt that would have been waived pursuant to this subsection, shall be reinstated and shall be debts owed to the City by the formerly eligible participant. An eligible participant may only be granted relief under this section for one approved application.
(d) Rules. The Administrator is authorized to promulgate rules for the proper administration and enforcement of this section and for the regulation of individuals that may apply to participate in the program. The rules, among other things, may provide for:
(i) the duration, down payment amounts, payment amounts and the manner of payment for the payment plans created or unutilized under the program;
(ii) eligibility requirements, consistent with this section, to participate in the program, including, but not limited to, compliance with application, income verification and change of status reporting requirements; and
(iii) requirements, consistent with this section, to determine ineligibility for the program, including, but not limited to, exceeding the income threshold for the program, failure to maintain eligibility status to continue participating in the City’s utility billing relief program, and failure to meet change of status reporting requirements.
(e) Down payments. Any down payment that the eligible participant is required to pay to participate in the program shall be credited towards the payment of fine amounts owed that are part of the program.
(f) Property interest. The program is created in the City’s sole discretion, and participation in the program and any benefits that result from the program are not intended to create a property interest in any eligible participant or in any individual eligible for the program.
(Added Coun. J. 10-27-21, p. 40504, Art. I, § 7; Amend Coun. J. 11-15-23, p. 6700, Art. I, § 6)