(A) Violation recorded by CSD. The contractor shall provide all evidence of a CSD-recorded violation to the Albuquerque Police Department. The Albuquerque Police Department shall review all CSD evidence provided by the contractor.
(1) If the Albuquerque Police Department determines that a violation has occurred and that a citation is warranted, the Albuquerque Police Department shall cause an ASE fine notice to be delivered to the registered owner.
(2) The registered owner is strictly and vicariously liable for the violation unless one of the defenses herein applies. If there is more than one registered owner, all registered owners shall be jointly and severally liable for the violation.
(B) ASE fine notice.
(1) The ASE fine notice shall state and contain the name of the registered owner or nominee, the effective date of the ASE fine notice, the type of violation, the date, time, and location of the violation, a picture of the violation, the license plate number of the vehicle, the name and identification of the issuing Albuquerque Police Department official, the amount of the fine, the response due date and the return address. The ASE fine notice shall inform the registered owner or the nominee of the option to complete community service in lieu of payment of the ASE fine, and the right to request a hearing. The ASE fine notice shall clearly explain the process for requesting a hearing, explain the hearing options, provide the deadline to request a hearing, and identify where the request shall be submitted.
(2) Delivery. The ASE fine notice shall be delivered to the address of the registered owner according to the address registered with the Department of Motor Vehicles, from information obtained from the Metropolitan Court, from Department Records, or from any other documentation or records reasonably relied upon by police officers, or it shall be delivered to the address of the nominee according to the owner's affidavit.
(C) Response to an ASE fine notice. The registered owner shall pay the fine, elect to complete community service, file an owner's affidavit making a nomination, or request a hearing by the response due date as indicated by the ASE fine notice.
(D) Nomination. A registered owner not driving the car at the time of the violation may either accept the responsibility and pay the ASE fine, or identify the driver so an ASE fine notice can be sent to the driver.
(1) If the registered owner claims that another person was driving the vehicle at the time of the violation, the registered owner shall so indicate on the owner's affidavit and identify the person who was driving the vehicle. Any registered owner who submits an owner's affidavit does so under penalty of perjury.
(2) A new ASE fine notice will be delivered to the nominee. If the nominee successfully appeals the allegation that they were the driver, the city may proceed against the registered owner. The registered owner is also responsible for payment of the ASE fine if the city cannot assert jurisdiction over the nominee, subject to the remaining defenses available in this article.
(E) Default. If the city does not receive payment of the ASE fine, an election to complete community service, a nomination, or a request for a hearing by the response due date as indicated by the ASE fine notice, the registered owner is in default. If the default is not cured, the city may pursue all remedies for collection of a debt and is entitled to an award of reasonable attorney's fees incurred.
(F) Hearing. Pursuant to Section 3-18-17, NMSA 1978, an individual may select a mail-in hearing or an in-person or remote hearing option to contest an automated speed violation. In the event of a demand for an in-person or remote hearing, the Hearing Officer shall hold a hearing pursuant to the procedures outlined in the Independent Office of Hearings '"IHO" Ordinance, ROA 1994, §§ 2-7-8-1 to 2-7-8-9. The hearing shall be conducted following the rules of evidence and rules of civil procedure for the district courts. In either hearing option, a mail-in hearing, or an in-person or remote hearing, the Department has the burden to prove the violation by a preponderance of the evidence. The respondent has the burden to prove any defenses by a preponderance of the evidence. If the Department prevails, the respondent shall pay the fine within 30 consecutive days from the date of the decision. Following a hearing, the respondent may appeal the decision of the Hearing Officer to the District Court within 30 days of the decision and may recover the costs of filing the appeal if successful.
(G) Defenses. At a timely requested hearing, the respondent may present the following defenses:
(1) The vehicle was stolen or otherwise being driven without the registered owner's knowledge or permission at the time of the alleged violation. The registered owner shall have a police report pertaining to the theft to avail the owner of this defense.
(2) The ownership of the vehicle had lawfully been transferred and conveyed from the registered owner to another person before the time of the alleged violation.
(3) The evidence does not show that a violation was committed involving the subject vehicle.
(4) The respondent is the registered owner, but was not driving the vehicle at the time of the violation. To assert this defense, the registered owner shall identify the actual driver and comply with the nomination provisions in subsection (D) of this section.
(5) The registered owner did not receive notice because the ASE fine notice was not mailed to the address of record with the Department of Motor Vehicles.
(H) Penalty.
(1) A violation constitutes a civil infraction punishable by a fine of $100 or completion of four hours of community service.
(2) A violator may elect service to the city as an alternative to payment of fines. A violator who elects the option of service to the city in lieu of payment of a fine does so voluntarily and is entitled to none of the benefits conferred upon city employees, including, without limitation, worker's compensation or the payment of any wages or benefits. The city is not responsible for damages incurred as a result of such service except as otherwise provided by law. The person seeking relief hereunder shall timely request the option of service to the city in lieu of payment of a fine. Services shall be rendered in not less than full hour increments and shall be credited against the fine payable at a rate of $25 per hour. The Mayor or the Mayor's designee shall establish procedures for administering this paragraph including, but not limited to, the nature of services that may be performed, the timeframe in which a respondent must complete their community service, and consequences for failure to complete community service.
(I) Effect of Multiple ASE System Fine Notices in Default.
(1) Jurisdiction. This section of the ASE ordinance shall be enforced on all streets and roadways within the city; on or in any city-owned parking facility; on or in any city-managed parking facility; or on any other city-owned real property within the city limits. When a street is the boundary line between the city and the county, the entire public way shall be deemed within the city.
(2) Notice of Multiple Concurrent ASE System Fine Notices in Default. If an alleged violator is concurrently in default on one or more ASE system fines, a letter shall be sent to the registered owner of such vehicle setting forth:
(a) The name of the registered owner;
(b) The dates of the ASE system fines were incurred;
(c) The type of violation;
(d) The dates, times, and locations of the violations;
(e) The license plate number(s) of the vehicle(s);
(f) The amount of the respective fines;
(g) The citation numbers associated with the unpaid fines;
(h) The response due date; and
(i) The return address;
(j) The notice shall furthermore recite the prescribed "Responses to an ASE fine notice" as set forth in § 7-15-4(C). The notice shall also inform the registered owner that the time to appeal the fine notice or elect to complete community service in lieu of payment has expired; and that if the registered owner fails to resolve a sufficient number of unpaid ASE fines within 20 calendar days, such that the registered owner no longer has more than one unpaid ASE system fine notices concurrently in default for any given vehicle, the registered owner may be subject to a parking citation and immobilization and impoundment of their vehicle, if their vehicle is found to be parked on any street or roadway within the city; on or in any city-owned parking facility; on or in any city-managed parking facility; or on any other city-owned real property within the city limits. All notices must include verbiage describing how to receive additional information in the top five non-English languages spoken in Albuquerque.
(Ord. 2021-024; Am. Ord. 2023-017)