(a) A person who is personally or constructively served with a parking ticket charging the commission of a parking infraction shall answer the charge by appearing personally before the Parking Violations Bureau or by mail.
(b) An answer shall be made within ten days from the date of the infraction, and shall be in one of the following forms:
(1) An admission that the person committed the parking infraction, by payment of any fine arising out of the parking infraction;
(2) An admission that the person committed the parking infraction, with an explanation of the circumstances surrounding the parking infraction; or
(3) A denial that the person committed the parking infraction and a request for a hearing relative to the infraction. If the person desires the presence, at the hearing of the law enforcement officer who issued the parking ticket, the person must request his or her presence in his or her answer.
(c) (1) A person who admits that he or she committed a parking infraction shall pay, when he or she makes his or her answer, within the ten-day period allowed for an answer, the fine arising out of the infraction admitted to the Violations Clerk of the Parking Violations Bureau.
(2) A person who admits that he or she committed a parking infraction with explanation may, when he or she makes his or her answer, pay the fine arising out of the infraction admitted to the Violations Clerk of the Parking Violations Bureau, and shall submit evidence to the Parking Violations Bureau that explains the circumstances surrounding the parking infraction. The evidence may be submitted in person or, to avoid the necessity of personal appearance, may be sent as affidavits and other documentary evidence by mail. The Parking Violations Bureau, when it receives an answer admitting the person committed a parking infraction with explanation, shall promptly determine whether the explanation mitigates the fact that the person committed the parking infraction and notify the person, in writing, of its determination.
A. If the Parking Violations Bureau determines that the explanation mitigates the fact that the person committed the parking infraction, the Parking Violations Bureau shall eliminate or reduce the amount of the fine arising out of the parking infraction. If the fine is eliminated or reduced and the person has previously paid the fine, the amount paid in excess of the revised fine shall be returned to the person; if the fine is eliminated or reduced and the person has not previously paid the fine, the person shall pay only the amount of the revised fine.
B. If the Parking Violations Bureau determines that the explanation does not mitigate the fact that the person committed the parking infraction, the person owes the entire amount of the fine arising out of the parking infraction, and the person shall pay the entire amount of the fine.
C. If a person admits that he or she committed a parking infraction with explanation and the person fails to pay the amount of the fine due within ten days after notice of the Parking Violations Bureau’s determination, unless the amount due has previously been paid, the Parking Violations Bureau’s determination and the amount of the fine due shall be considered a judgment and shall be treated as if it were a judgment rendered subsequent to a hearing held pursuant to § 350.07.
(3) A person who denies that he or she committed a parking infraction shall be granted a hearing concerning the infraction. 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 in accordance with § 350.07 of this chapter.
(d) If a person who is personally or constructively served with a parking ticket charging the commission of a parking infraction fails to timely answer the charge, as provided in division (b) above, the Parking Violations Bureau shall issue the proper notifications of infraction pursuant to § 350.06, and proceed according to that section. Failure to timely answer a charge may result in the imposition of an additional penalty of $10.
(e) The issuance of a parking ticket, the filing of or failure to file an answer by a person personally or constructively served with a ticket, the substance of an answer, the payment of any fine, penalty, fee and cost, and any other relevant information shall be entered in the records of the Parking Violations Bureau.
(Ord. 77-89, passed 11-21-1989)