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(A) Within 20 days after the mailing of the final decision described in division (B) of § 11.38.140 of this chapter, the contestant may seek review by filing an appeal to the City Municipal Court, where the same shall be heard de novo, except that the contents of the Finance Department's file in the case shall be received in evidence. A copy of the notice of parking violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the Finance Department by the contestant. For purposes of computing the 20-day period, Cal. Civ. Proc. Code § 1013 shall be applicable; for example, the 20-day period shall be extended by five days if mailed within the state of California, ten days if mailed outside the state of California but within the United States, and 20 days if mailed outside the United States.
(B) The fee for filing the notice of appeal shall be in an amount established by City Council resolution. If the appellant prevails, this fee, together with any deposit of parking penalty, shall be promptly refunded by the Finance Department in accordance with the judgment of the court.
(C) The conduct of the hearing or appeal under this section is subordinate judicial duties which may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(D) If no notice of appeal of the Finance Department's decision is filed within the period set forth hereinabove in division (A), the decision shall be deemed final.
(E) If the parking penalty has not been deposited and the decision is adverse to the contestant, the Finance Department, promptly after the decision becomes final, may proceed to collect the penalty under § 11.38.150 of this chapter.
(‘86 Code, § 11.38.180) (Ord. 4236, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)