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The registered owner of record of a vehicle is liable for a violation of this chapter and the fine set forth in Section 9-100-020 of this Code when the vehicle is parked in violation of Section 9-64-040 and that violation is recorded by a street sweeper camera as determined by a technician who inspects the recorded images created by the camera. A photographic recording of a violation obtained by a street sweeper camera and that has been inspected by a technician shall be prima facie evidence of a violation of this chapter.
(Added Coun. J. 7-30-08, p. 34899, § 1)
For each violation of Section 9-64-040 recorded by a street sweeper camera, the traffic compliance administrator shall mail a violation notice, within 30 days after receiving information about the registered owner of the vehicle from the Secretary of State, to the registered owner of record of the vehicle used in the commission of the violation. The violation notice shall include the name and address of the registered owner of the vehicle; the vehicle make, if available and readily discernible, and registration number; the offense charged; the time, date and location of the alleged violation; the applicable fine and monetary penalty which shall be automatically assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits and the time and manner in which such hearing may be had; that the basis of the notice is a photographic record obtained by a street sweeper camera; and that the payment of the fine, and any applicable penalty for late payment shall operate as a final disposition of the violation.
(Added Coun. J. 7-30-08, p. 34899, § 1)
A person charged with violating Section 9-64-040 recorded by a street sweeper camera may contest the charge through an adjudication by mail or at an administrative hearing limited to one or more of the following grounds with appropriate evidence to support and if supported by adequate evidence provided by the contestant, one or more of the following grounds shall be a defense to a violation of Section 9-64-040 recorded by a street sweeper camera:
(1) That the registered owner of the vehicle was issued a citation for a violation of Section 9-64-040; or
(2) That the violation occurred at any time during which the vehicle or its state registration plates were reported to a law enforcement agency as having been stolen and the vehicle or its plates had not been recovered by the owner at the time of the alleged violation; or
(3) The vehicle was leased to another and, (i) within 60 days after the violation notice was received by the owner, the owner submitted to the department of finance the correct name and address of the lessee of the vehicle identified in the violation notice at the time of the violation; or (ii) the violation notice was received by the owner more than 120 days after the alleged violation. Where the lessor complies with the provisions of this section, the lessee of the vehicle at the time of the violation shall be deemed to be the owner of the vehicle for purposes of this chapter. The department of finance, within 30 days of being notified by the lessor of the name and address of the lessee, shall mail the lessee a violation notice which contains the information required under Section 9-105-030. For the purposes of this chapter, the term "leased vehicle" shall be defined as a vehicle in which a motor vehicle dealership or manufacturer has, pursuant to a written document, vested exclusive possession, use, control and responsibility of the vehicle to the lessee during the periods the vehicle is operated by or for the lessee; or
(4) That the facts alleged in the violation notice are inconsistent or do not support a finding that Section 9-64-040 was violated; or
(5) That the respondent was not the registered owner or lessee of the cited vehicle at the time of the violation; or
(6) That appropriate signage was not posted at the time the vehicle was parked.
(Added Coun. J. 7-30-08, p. 34899, § 1; Amend Coun, J. 11-16-11, p. 13798, Art. I, § 7)
(a) If any fine or penalty is owing and unpaid after a determination of liability under this chapter has become final and the respondent has exhausted or failed to exhaust judicial procedures for review, the department of finance shall cause a notice of final determination of liability to be sent to the respondent in accordance with subsection (f) of Section 9-100-050 of this Code.
(b) Any fine and penalty, if applicable, remaining unpaid after the notice of final determination of liability is sent shall constitute a debt due and owing the city which may be enforced in the manner set forth in Section 2-14-103 of this Code. Failure of the respondent to pay such fine or penalty within 21 days of the date of the notice may result in the immobilization of the person's vehicle for failure to pay fines or penalties for three or more parking or compliance violations pursuant to the procedures described in Section 9-100-120 of this Code.
(c) The city shall withdraw a violation notice, following reasonable collection efforts, when the notice was issued to a registered owner who is deceased at the time collection efforts are undertaken.
(Added Coun. J. 7-30-08, p. 34899, § 1; Amend Coun, J. 11-16-11, p. 13798, Art. I, § 7)