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(A) If a person contests a notice of parking violation or a notice of delinquent violation, the Finance Department shall do the following:
(1) The Finance Department shall either investigate with its own records and staff or request that the Police Department or California Highway Patrol investigate the circumstances of the citation with respect to the contestants written explanation of reasons for contesting the parking violation. If, based upon the results of that investigation, the Finance Department is satisfied that the violation did not occur or that the registered owner was not responsible for the violation, the Finance Department shall cancel the notice of parking violation and make an adequate record of the reasons for canceling the notice. The Finance Department shall mail the results of the investigation to the person who contested the notice of parking violation or the notice of delinquent parking violation.
(2) If the person contesting a notice of parking violation or notice of delinquent parking violation is not satisfied with results of the investiga-tion provided for in division (1) above, the person may, within 15 days of the mailing of the results of the investigation, deposit the amount of the parking penalty and request an administrative review.
(B) The administrative review procedure described in division (A)(2) hereof, shall consist of the following:
(1) The person requesting an administrative review shall indicate to the Finance Department his or her election for a review by mail or personal conference.
(2) If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for a parking violation without the necessity of the appointment of a guardian. The Finance Department may proceed against that person in the same manner as if that person were an adult.
(3) The administrative review shall be conducted before an examiner so designated pursuant to § 11.38.130 of this chapter.
(4) The officer or person authorized to issue a notice of parking violation shall not be required to participate in an administrative review. The Police Department or California Highway Patrol shall not be required to produce any evidence other than the notice of parking violation or copy thereof, and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be considered prima facie evidence of the violation.
(5) The review shall be conducted in accordance with the written procedure established by the Finance Department which shall ensure fair and impartial review of contested parking violations. The final decision may be delivered personally to the person by the examiner or to the person by first-class mail.
('86 Code, § 11.38.150) (Ord. 4236, passed - - )