(A) Any person cited for a parking violation under this subchapter may contest the determination that a violation occurred by requesting in writing a hearing before the Parking Violation Hearing Board (“Board”). A request for a hearing must be submitted in writing to the Dayton Police Department as specified in division (B) below. The hearing shall be held no later than fourteen (14) days from the date of receipt of the written request for hearing, unless prior to the hearing the person requesting the hearing requests an extension of time not to exceed fourteen (14) days. No less than seven (7) days prior to the date set for the hearing, the Board shall notify the registered owner of the vehicle of the date, time, and place of the hearing. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have refused to pay the fine levied by the citation.
(B) Written requests to contest the citation must be submitted to the Police Department on a form that is available at either from the Dayton Pohce Department or on the city’s website (“Parking Citation: Impoundment Appeal” form at https://daytonky.com/forms-and-applications/).
(C) At the hearing, after consideration of the evidence, the Board shall determine whether a violation was committed. If the Board determines no violation was committed, the Board shall enter an order dismissing the citation. If the Board determines that a violation was committed, the Board shall uphold the citation and order the owner to pay the citation within seven days. A copy of the order shall be furnished to the owner. Any person ordered to pay the fine who fails to do so within seven (7) days shall be deemed to have refused to pay the fine levied by the citation.
(D) The Board may consider the parking citation and any other written report made under oath by the officer who issued the citation in lieu of the officer’s personal appearance at the hearing.
(E) An appeal from the Hearing Board’s determination may be made to the Campbell County District Court within seven (7) days after the date of the Board’s determination. The appeal shall be initiated by filing a complaint and a copy of the Board’s order in the same manner as any civil action brought under the rules of civil procedure. The action shall be tried de novo and the burden of proof shall be upon the city to establish that a violation occurred. If the court finds that a violation occurred, the owner shall be ordered to pay to the city all fines, fees, and penalties occurring as of the date of the judgment. If the court finds that a violation did not occur, the city shall be ordered to dismiss the citation and the plaintiff may be authorized to recover his or her costs.
(F) The judgment of the District Court may be appealed to the county’s Circuit Court in accordance with the rules of civil procedure.
(Ord. 2022-24, passed 11-1-22)