A petition to vacate or set aside a default judgment and determination of liability may be filed by a person owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth:
A. A petition to set aside a default judgment and determination of liability must be filed with the Ordinance Enforcement Administrator in the Police Records Department within, but not later than, twenty one (21) days from the date the determination of liability is made.
B. The Administrative Hearing Officer shall act upon the petitions timely filed and render a decision thereon within thirty (30) days of the date filed.
C. The grounds for setting aside a determination of liability shall be limited to the following:
1. The person against whom the determination of liability is made was not the owner or lessee of the cited vehicle on the date the vehicular standing and parking violation or vehicle compliance violation citation was issued.
2. The person having paid the fine and any penalty.
3. Excusable failure to appear at or request a new date for a hearing.
D. Should the default judgment and determination of liability by the Administrative Hearing Officer be set aside, the Ordinance Enforcement Administrator shall:
1. Notify the registered owner, or lessee, as the case may be, that the determination of liability has been set aside.
2. Notify the registered owner, or lessee, as the case may be, of the date, time and place for a new hearing on the merits of the violation for which determination of liability has been set aside.
3. Notice of setting aside of the determination of liability and the notice of the hearing date shall be by first class mail, postage prepaid, to the address set forth on the petition to set aside the determination of liability.
4. Service of the notice shall be complete on the date the notices are deposited in the United States mail. (Ord. 2018-98, 8-21-2018)