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(A) If a vehicle is occupied during the time of the violation, the issuing officer shall serve a notice of violation upon the operator thereof.
(B) If a vehicle is unattended during the time of the violation, the issuing officer shall serve a notice of violation by securely attaching it to the vehicle either under the windshield wiper or in another con-spicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person.
(C) Once the issuing officer has prepared the notice of violation and either served it as provided in division (A) above or attached it to the vehicle as provided in division (B) above, the issuing officer shall file the notice with the Finance Department. Any person, including the issuing officer and any member of the officer's department or agency, or any peace officer who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of the notice of violation that was retained by the office, for any reason, before it is filed with the Finance Department is guilty of a misdemeanor.
(D) If, during the issuance of a notice of violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to serving the operator thereof or attaching the notice to the vehicle, the issuing officer shall file the notice with the Finance Department. The Finance Department shall mail, within 15 days of the issuance of the notice of violation, a copy of the notice of violation to the registered owner.
(E) If, after a copy of the notice of violation is served on the operator or attached to the vehicle, the issuing officer determines that, in the interest of justice, the notice of violation should be canceled, the Police Department or the California Highway Patrol may recommend, in writing, that the charges be canceled. The recommendation shall cite the reason for the recommendation and shall be filed with the Finance Department.
(F) If the Finance Department makes a finding that there are grounds for cancellation, the finding shall be entered on the record and the notice of violation shall be canceled pursuant to division (1) of division (A) of § 11.38.150 of this code.
(G) Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation.
('86 Code, § 11.38.080) (Ord. 4236, passed - - )