Whenever the following words and phrases are used in this Article, they shall have the meanings respectively ascribed to them:
“Administrative hearing violation” means a violation of the Code for which a fine, restitution, and other costs, have been imposed by the Department of Administrative Hearings, except for:
(a) a Tax;
(b) failure to pay a debt due and owing the City pursuant to Section 1-20-090 of the Code;
(c) wage garnishment proceeding conducted pursuant to Section 2-32-392 of the Code;
(d) a parking, standing, compliance, automated speed enforcement system, automated traffic law enforcement system violation, or tow initiated pursuant to authority granted under Sections 9-92-010 or 9-92-030 of the Code, for which a Fine or Other Costs were imposed by the Department of Administrative Hearings;
(f) any violation for which the City has: (i) commenced a case in a court of competent jurisdiction for the collection of the debt owed on said violation; or (ii) obtained a judgment from a court of competent jurisdiction within the past seven years for the collection of the debt owed on said violation;
(g) any violations for which a vehicle was impounded by the City and the City is still in possession of such vehicle; or
(h) any violation in which there is a pending motion to set-aside a default before the Department of Administrative Hearings.
“Collection costs” means the expenses and time incurred by the City or its agents to collect any debt.
“Comptroller” means the City Comptroller as established by Section 2-32-020 of the Code or the Comptroller’s designee.
“Current monthly income” means all income of the hardship debtor and any other individual who is 18 years or older and resides in the same household that is derived during the 30-day period immediately preceding the date of application for relief under this Article no matter the source of the income and without regard to whether such income is taxable income, including but not limited to all pension, annuity, and all government benefit payments such as social security, unemployment insurance, and like payments.
“Default” means either: (i) underpayment or non-payment of a monthly payment on a Hardship Payment Plan within 120 days of the stated due date; (ii) three underpayments or non-payments on a hardship payment plan by the stated due date; (iii) failure to pay in full or enroll in a payment plan within 12 months of being approved by the Department as a hardship debtor; or (iv) a finding by the Comptroller that a hardship debtor misrepresented or made a false statement regarding the hardship Debtor’s eligibility to enroll in a hardship payment plan.
“Department” means the Department of Finance of the City.
“FDO” means a Findings, Decision, and Order entered at the Department of Administrative Hearings for an Administrative Hearing Violation.
“Fine” means the monetary penalty imposed for an Administrative Hearing Violation of the Code in an FDO, excluding any Other Costs or Restitution.
“Hardship debtor” mean a natural individual with an unpaid balance to the City on at least one Administrative Hearing Violation who: (i) is currently enrolled in the Utility Billing Relief program established pursuant to Section 11-12-545 of the Code; (ii) is currently enrolled in the Clear Path Relief Program established pursuant to Section 9-100-170 of the Code; or (iii) has a Household Income of 300 percent or less than the Federal Poverty Level based on the applicant’s Current Monthly Income. A firm, trust, partnership, association, joint venture, corporation or other legal entity, is not a hardship debtor.
“Hardship payment plan” means an agreement between the Department and a hardship debtor established pursuant to this Article and any rules promulgated to implement or administer it for repayment of an administrative hearing violation fine pursuant to this Article.
“Household income” means current monthly income multiplied by 12.
“Other costs” means any collection costs, attorney’s fees, court costs, towing fees, storage fees, administrative fees, interest, or insufficient funds charges, associated with an FDO.
“Pay” means to make payment by cash, credit card, check or other means acceptable to the Department.
“Restitution” means an amount of money ordered by the Department of Administrative Hearings to be paid by a hardship debtor as recompense for injury or financial loss to either the City or a third party.
“Tax” means any tax imposed by the City pursuant to Title 3 of the Code or any other applicable law.
“Underpayment” means a payment made that is less than the monthly payment established by a hardship payment plan, unless such payment is underpaid by a de minimis amount that may be established by Department by Rule.
(Added Coun. J. 11-15-23, p. 6700, Art. II, § 1)