(a) Right to Hearing. A person who is personally or constructively served with a parking ticket charging the commission of a parking violation subject to the jurisdiction of the Parking Violations Bureau, or who receives notice of the violation pursuant to § 244.05, who answers by denying he or she committed the parking violation shall be granted a hearing to determine if the person committed the parking violation.
(b) Hearing. The Parking Violations Bureau shall set a date for the hearing and notify the person, in writing, of the date, time, and place of the hearing. The hearing shall be conducted by a hearing examiner of the Parking Violations Bureau, and 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.
(c) Burden of Proof; Evidence.
(1) At the hearing, the village has the burden of proving, by a preponderance of the evidence, that the person for whom the hearing is being conducted committed the parking violation. The village shall submit the original parking ticket that was personally or constructively served on the person or a true copy of the ticket, and information from the Ohio Bureau of Motor Vehicles that identifies the owner of the vehicle. The ticket and information in proper form is prima facie evidence that the registered owner of the vehicle was the person who committed the parking violation.
(2) The village may present additional evidence and testimony at the hearing. The village does not have to be represented at the hearing by an attorney.
(3) 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.
(d) Presence of Officer. If the person, in his or her answer, denied that he or she committed the parking violation and requested the presence at the hearing of the 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.
(e) Decisions.
(1) If the person for whom the hearing is being conducted appears at the scheduled hearing or submits evidence in accordance with division (c)(3) of this section, the hearing examiner shall consider all evidence and testimony presented and shall determine whether the village has established, by a preponderance of the evidence, that the person committed the parking violation. If the hearing examiner determines that the person committed the parking violation, an order indicating the determination as a judgment against the person and requiring the person to pay the appropriate fine and any additional penalties and/or hearing costs shall be entered in the records of the Parking Violations Bureau.
(2) If the person for whom the hearing is being conducted fails to appear at the scheduled hearing and fails to submit evidence in accordance with division (c)(3) of this section, the hearing examiner shall, if he or she determines for any evidence and testimony presented at the hearing, by a preponderance of the evidence, that the person committed the parking violation, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties and/or hearing 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 violation pursuant to § 244.05 of the Commercial Point Codified Ordinances does not timely answer, as provided in § 244.05(c), the hearing examiner shall, if he or she determines from any evidence and testimony presented by the village, by a preponderance of the evidence, that the person committed the parking violation, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties and/or hearing 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 divisions (e)(1), (e)(2) or (e)(3) of this section committed the parking violation, the hearing examiner shall enter judgment against the village and shall enter the judgment and dismissal in the records of the Parking Violations Bureau. No additional penalties or hearing costs shall be entered against the person if the hearing examiner finds the person did not commit the parking violation.
(f) Default Judgments. A default judgment entered under this section may be vacated by the hearing examiner who entered it if all of the following apply:
(1) The person against whom the default judgment was entered files a motion with the Parking Violations Bureau within one year of the date of entry of the judgment;
(2) The motion sets forth a sufficient defense to the parking violation out of which the judgment arose; and
(3) The motion sets forth excusable neglect as to the person's failure to attend the hearing or answer the notification of the violation.
(g) Hearing Costs. When authorized under division (e) of this section, the hearing examiner may include in the judgment entered against any person the costs associated with the requested hearing, as set forth in the fee schedule found in § 244.99.
(Ord. 2023-01, passed 4-11-2023)
Statutory reference:
Hearing upon denial of parking infraction charge, see R.C. § 4521.08