(A) Any person cited for a parking violation under this chapter may contest the determination that a violation occurred by requesting in writing a hearing before the Parking Violation Appeals Board. The meeting shall be held on the last Thursday of each month at 2:00 p.m. and will be held at the Elsmere City Building. Any person requesting a hearing who fails to appear at the time set for the hearing shall be deemed to have refused to pay the fine levied by the citation, and such citation shall become final.
(B) At the hearing, after consideration of the evidence presented by the city or its designee in support of the citation, the Board shall determine whether a violation was committed. Where it has not been established that the violation was committed, an order dismissing the citation shall be entered. Where it has been established 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 the owner. Any person ordered to pay the fine who fails to do so within seven days shall be deemed to have refused to pay the fine levied by the citation, and the citation shall become final.
(C) 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 police officer's personal appearance at the hearing.
(D) An appeal from the Hearing Board's determination may be made to the Kenton District Court within seven days of the Board's determination. The appeal shall be initiated by the filing of a complaint and a copy of the Board's order in the same manner as any civil action under the Rules of Civil Procedure. The action shall be tried de novo and the burden 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.
(E) The judgment of the Kenton District Court may be appealed to Kenton Circuit Court in accordance with the rules of civil procedure.
(Ord. 1649-2012, passed 12-11-12; Am. Ord. 1745-2018, passed 3-13-18)