(a) When a person is personally or constructively served with a parking ticket charging the commission of a parking infraction in accordance with Section 361.04 and the person fails to answer the charge within the time specified in Section 361.05, the Parking Violations Bureau shall send notifications of infractions as follows:
(1) If the person who fails to answer was the operator of the vehicle involved in the parking infraction at the time of the commission of the parking infraction and was personally served with the parking ticket, a notification of infraction shall be sent to that person , and additionally if such person is not the owner of the vehicle, as determined from the records of the Bureau of Motor Vehicles, a notification of infraction also shall be sent to the owner at the most recent address appearing in such records;
(2) If the person who fails to answer was the owner of the vehicle and was constructively served with the parking ticket, a notification of infraction shall be sent to the owner at the most recent address appearing in the records of the Bureau of Motor Vehicles.
(b) A notification of infraction shall be sent within twelve months after the expiration of the time specified in Section 361.05 for the making of an answer, shall be sent by first class mail, and shall contain all of the following:
(1) An identification of the parking infraction with which the person was charged and the time and date of the parking infraction, which identification may be an actual or digital copy of the parking ticket charging the parking infraction that was personally or constructively served upon the person;
(2) An identification of the amount of the fines, penalties, fees and costs arising out of the parking infraction that are due;
(3) A warning that the person must answer the parking infraction charged in the ticket within thirty days or a default civil judgment in the amount of the fines, penalties, fees and costs due may be entered against the person;
(4) A description of the allowable answers that may be made and notification that the person will be afforded a hearing before the Hearing Examiner if he denies in his answer that he committed the parking infraction;
(5) An identification of the manners in which and the entity to which an answer may be made;
(6) A warning that if the person fails to appear at a requested hearing, a default civil judgment in the amount of the fines, penalties, fees and costs due may be entered against the person.
(c) (1) A person who receives a notification of infraction pursuant to this section may answer the parking infraction with which he or she is charged that is identified in the notification of infraction in any of the manners provided in subsection (a) of Section 361.05 for answers to parking infractions charged in a parking ticket. An answer under this section shall be made within thirty days after the date on which the notification of infraction was mailed, and shall be in one of the forms specified in subsections (a)(1), (2) and (3) of Section 361.05 for answers to parking infractions charged in a parking ticket, except that if the answer includes payment of the fine arising out of the parking infraction any penalties, fees, or costs arising out of such infraction also shall be paid. The answer shall be governed by the provisions of subsection (b) of Section 361.05 for answers relative to parking infractions charged in a parking ticket, except that any determination of the amount to be paid under an answer admitting the commission of the parking infraction with explanation also shall consider any penalties, fees, or costs arising out of such infraction.
(2) If a person who is issued a notification of infraction pursuant to subsection (c) of this section fails to timely answer, the failure to answer shall be considered an admission that the person committed the parking infraction, and a default civil judgment, in the amount of the fines, penalties, fees and costs due may be entered against the person. Failure to answer the parking infraction within thirty days after the date on which the notification of infraction was mailed shall result in the imposition of an additional penalty of five dollars.
(Ord. 136-2016. Passed 8-8-16.)
(Ord. 136-2016. Passed 8-8-16.)