§ 459.07  Hearing Procedure
   (a)   If a person who is personally or constructively served with a parking ticket charging the commission of a parking infraction or who receives a notification of infraction, in his or her answer to the charge denies that he or she committed the infraction, the Parking Violations Bureau shall conduct a hearing to determine if the person committed the parking infraction. Each hearing shall be conducted by a hearing examiner of the Parking Violations Bureau. Each hearing shall be conducted in such manner as the hearing examiner considers appropriate. Rules regarding the admissibility of evidence shall not be strictly applied in the hearing, but all testimony shall be under oath.
   At the hearing, the City of Cleveland has the burden of proving, by a preponderance of the evidence, that the person for whom the hearing is being conducted committed the parking infraction. If the person, in his or her answer, denied that he or she committed the parking infraction and requested the presence at the hearing of the law enforcement officer who issued the parking ticket, the officer shall be required to attend the hearing unless the hearing examiner determines that the officer’s presence is not required. If the officer’s presence at the hearing has been requested and the officer is unable to attend the hearing on the day and at the time scheduled, the hearing examiner may grant a reasonable continuance. The person for whom the hearing is being conducted may present any relevant evidence and testimony at the hearing. The person does not have to attend the hearing if he or she submits documentary evidence to the hearing examiner prior to the day of the hearing.
   The City of Cleveland shall submit the original parking ticket that was personally or constructively served on the person or a true copy of that ticket, and information from the Bureau of Motor Vehicles that identifies the owner of the vehicle. The ticket and the information in proper form is prima facie evidence that the registered owner of the vehicle was the person who committed the parking infraction. The City of Cleveland may present additional evidence and testimony at the hearing. The City of Cleveland does not have to be represented at the hearing by an attorney.
   (b)   (1)   If a person for whom a hearing is to be conducted under division (a) of this section appears at the scheduled hearing or submits evidence in accordance with that division, the hearing examiner shall consider all evidence and testimony presented and shall determine whether the City of Cleveland has established, by a preponderance of evidence, that the person committed the parking infraction. If the hearing examiner determines that the person committed the infraction, an order indicating the determination as a judgment against the person and requiring the person to pay the appropriate fine and any additional penalties, fees, and costs shall be entered in the records of the Parking Violations Bureau.
      (2)   If a person for whom a hearing is to be conducted under division (a) of this section fails to appear at the scheduled hearing and fails to submit evidence in accordance with that division, the hearing examiner shall, if he or she determines from any evidence and testimony presented at the hearing, by a preponderance of the evidence that the person committed the parking infraction, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties, fees, and costs. A default judgment entered under this division shall be entered in the records of the Parking Violations Bureau.
      (3)   If a person who is sent a notification of infraction pursuant to Section 459.06 hereof does not timely answer, as provided in division (c) of that section, the hearing examiner of the Parking Violations Bureau shall, if he or she determines from any evidence and testimony presented to him or her by the local authority, by a preponderance of the evidence, that the person committed the parking infraction, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties, fees, and costs. A default judgment entered under this division shall be entered in the records of the Parking Violations Bureau.
      (4)   If the hearing examiner does not determine, by a preponderance of the evidence, that a person in any of the classes described in division (b)(1), (2), or (3) of this section committed the parking infraction, the hearing examiner shall enter judgment against the City of Cleveland, shall dismiss the charge of the parking infraction against the person, and shall enter the judgment and dismissal in the records of the Parking Violations Bureau.
      (5)   A default judgment entered under this section may be vacated by the hearing examiner who entered it if all of the following apply:
         A.   The person against whom the default judgment was entered files a motion with the Parking Violations Bureau within one (1) year of the date of entry of the judgment;
         B.   The motion sets forth a sufficient defense to the parking infraction out of which the judgment arose;
         C.   The motion sets forth excusable neglect as to the person’s failure to attend the hearing or answer the notification of infraction.
   (c)   Payment of any judgment or default judgment entered against a person pursuant to this section shall be made to the Violations Clerk of the Parking Violations Bureau in which the judgment was entered within ten (10) days of the date of entry. All money paid in satisfaction of a judgment of default judgment shall be disbursed by the Violations Clerk to the City of Cleveland and the Violations Clerk shall enter the fact of payment of the money and its disbursement in the records of the Parking Violations Bureau. If payment is not made within this time period, the judgment or default judgment may be filed with the Office of the Clerk of Court, Civil Division, and when so filed, shall have the same force and effect as a money judgment in a civil action rendered in the Court.
   As required by division (C) of RC 4521.08, judgments and default judgments filed with the Cleveland Municipal Court, Office of the Clerk of Court, Civil Division, shall be maintained in a separate index and judgment roll from other judgments rendered in that Court. Computer printouts, microfilm, microdot, microfiche, or other similar data recording techniques may be utilized to record such judgments. When a judgment or default judgment is filed with the Court, execution may be levied, and such other measures may be taken for its collection as are authorized for the collection of an unpaid money judgment in a civil action rendered in that Court. The Municipal Court may assess costs against the judgment debtor, in an amount not exceeding ten dollars ($10.00) for each parking infraction, to be paid upon satisfaction of the judgment.
   (d)   Any person against whom a judgment or default judgment is entered pursuant to this section and the City of Cleveland if judgment is entered against the City pursuant to this section may appeal the judgment or default judgment to the Cleveland Municipal Court by filing notices of appeal with the Parking Violations Bureau and the Municipal Court within fifteen (15) days of the date of entry of the judgment and by the payment of such reasonable costs as the Court requires. Upon the filing of an appeal, the Court shall schedule a hearing date and notify the parties of the date, time, and place of the hearing. The hearing shall be held by the Court in accordance with the rules of the Court. Service of a notice of appeal under this division by a person does not stay enforcement and collection of the judgment or default judgment from which appeal is taken by the person unless the person who files the appeal posts bond with the Parking Violations Bureau in the amount of the judgment, plus court costs, at or before service of the notice of appeal.
   Notwithstanding any other provision of law, the judgment on appeal of the Municipal Court is final, and no other appeal of the judgment of the Parking Violations Bureau and no appeal of the judgment of the Municipal Court may be taken.
   (e)   A judgment or default judgment entered pursuant to this section may be filed with the Municipal Court, Office of the Clerk of Court, Civil Division, under division (c) of this section at any time within three (3) years after the date of issuance of the parking ticket charging the parking infraction out of which the judgment arose. This division applies to any ticket issued for an offense that would be a parking infraction on or after the effective date of RC 4521.08, if the ticket was issued within three (3) years prior to the effective date of this section and a warrant has not been issued and served on the operator or owner of the vehicle involved in that offense.
(Ord. No. 446-90. Passed 6-4-90, eff. 6-8-90)