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(a) When a person is personally or constructively served with a parking ticket charging the commission of a parking infraction and the person fails to answer the charge within the time specified in this Code, the Parking Violations Bureau shall send notifications of infractions as follows:
(1) If the person who fails to answer was the operator of the vehicle involved in the parking infraction at the time of the commission of the parking infraction and was personally served with the parking ticket, a notification of infraction shall be sent to that person, and additionally if such person is not the owner of the vehicle, as determined from the records of the Bureau of Motor Vehicles, a notification of infraction also shall be sent to the owner at their most recent address appearing in such records;
(2) If the person who fails to answer was the owner of the vehicle and was constructively served with the parking ticket, a notification of infraction shall be sent to the owner at their most recent address appearing in the records of the Bureau of Motor Vehicles.
(b) A notification of infraction shall be sent within twelve months after the expiration of the time specified in this Code for the making of an answer, shall be sent by first class mail, and shall contain all of the following:
(1) An identification of the parking infraction with which the person was charged and the time and date of the parking infraction, which identification may be a copy of the parking ticket charging the parking infraction that was personally or constructively served upon the person;
(2) An identification of the amount of the fines, penalties, fees, and costs arising out of the parking infraction that are due;
(3) A warning that the person must answer the parking infraction charged in the ticket within thirty days or a default civil judgment in the amount of the fines, penalties, fees, and costs due may be entered against the person;
(4) A description of the allowable answers that may be made and notification that the person will be afforded a hearing before the Hearing Examiner if the person denies in their answer that they committed the parking infraction;
(5) An identification of the manners in which and the entity to which an answer may be made;
(6) A warning that if the person fails to appear at a requested hearing, a default civil judgment in the amount of the fines, penalties, fees and costs due may be entered against the person.
(c) A person who receives a notification of infraction pursuant to this section may answer the parking infraction with which they are charged in any of the manners provided in this Code for answers to parking infractions charged in a parking ticket. An answer under this section shall be made within thirty days after the date on which the notification of infraction was mailed, and shall be in one of the forms specified above for answers to parking infractions charged in a parking ticket, except that if the answer includes payment of the fine arising out of the parking infraction any penalties, fees, or costs arising out of such infraction also shall be paid.
(d) If a person who is issued a notification of infraction fails to timely answer, the failure to answer shall be considered an admission that the person committed the parking infraction, and a default civil judgment, in the amount of the fines, penalties, fees and costs due may be entered against the person. Failure to answer the parking infraction within thirty days after the date on which the notification of infraction was mailed shall result in the imposition of an additional penalty of five dollars ($5.00).
(Ord. 2020-039. Passed 8-10-20.)
(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 their answer to the charge denies that they committed the infraction, the Hearing Examiner shall conduct a hearing to determine if the person committed the parking infraction. Each hearing shall be conducted by a Hearing Examiner. 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.
(b) At the hearing, the City 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 their answer, denied that they 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 submits documentary evidence to the Hearing Examiner prior to the day of the hearing.
(c) The City 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 may present additional evidence and testimony at the hearing. The City does not have to be represented at the hearing by an attorney.
(d) (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 has established, by a preponderance of evidence, that the person committed the 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 fines an 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 the Examiner 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 fines 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 this Code does not timely answer, the Hearing Examiner shall, if determined from any evidence and testimony presented 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 fines 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 committed the parking infraction, the Hearing Examiner shall enter judgment against the City, 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 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.
(e) Payment of any judgment or default judgment entered against a person pursuant to this section shall be made to the Parking Violations Bureau in which the judgment was entered within ten days of the date of entry. All money paid in satisfaction of a judgment or default judgment shall be disbursed by the Parking Violations Bureau to the City as directed by the Finance Director, and the Parking Violations Bureau shall enter the fact of payment of the money and disbursement in the records of the Parking Violations Bureau. If payment is not made within this time period, the judgment or default judgment shall be filed with the office of the Clerk of Courts, 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.
(f) Judgments and default judgments filed with Mayor's Court, shall be maintained in a separate index and judgment roll from other judgments rendered in that court. 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. Mayor's 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.
(g) Any person against whom a judgment or default judgment is entered pursuant to this section and the City, if judgment is entered against the City pursuant to this section, may appeal the judgment or default judgment to the Akron Municipal Court by filing notices of appeal with the Parking Violations Bureau and the Municipal Court within fifteen days of the date of entry or the judgment and by the payment of such reasonable costs as the court requires. 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.
(h) 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.
(Ord. 2020-039. Passed 8-10-20.)
(a) An owner of a vehicle is not jointly liable with an operator of the vehicle whose act or omission resulted in a parking infraction for the parking infraction or any fines, penalties, fees, or costs arising out of the parking infraction under this chapter if any of the following apply:
(1) The owner answers the charge of the parking infraction under this Code, and denies committing the infraction and requests a hearing concerning the infraction, the owner additionally asserts and provides reasonable evidence at that time to prove that the vehicle, at the time of the commission of the parking infraction, was being used by the operator without the owner's express or implied consent, and the Parking Violations Bureau determines that the vehicle was being used without the owner's express or implied consent at that time. If the Parking Violations Bureau does not so determine, it shall conduct the hearing concerning the infraction according to this Code.
(2) The owner answers the charge of the parking infraction under this Code, the owner denies committing the parking infraction, the owner additionally submits evidence proving that, at the time of the alleged commission of the infraction, the owner was engaged in the business of renting or leasing vehicles under written rental or lease agreements, and the owner additionally submits evidence proving, at the time of the alleged commission of the parking infraction, the vehicle in question was in the care, custody, or control of a person other than the owner pursuant to a written rental or lease agreement. If the owner does not so prove, the Parking Violations Bureau shall conduct a hearing relative to the infraction according to this Code.
(3) The owner, at a hearing concerning the parking infraction conducted in accordance with this Code, proves that the vehicle, at the time of the parking infraction, was being used by the operator without the owner's express or implied consent or proves the facts described in division (a)(2) of this section.
(b) An owner of a vehicle who is engaged in the business of renting or leasing vehicles under written rental or lease agreements, but who does not satisfy the additional requirements of division (a)(2) of this section is not liable for any penalties arising out of a parking infraction involving the vehicle if at the time of the commission of the parking infraction, the vehicle was in the care, custody or control of a person other than the owner pursuant to a written rental or lease agreement, and if the owner answers the charge of the parking infraction by denying committing the parking infraction or by paying the fine arising out of the parking infraction within thirty days after actual receipt of the parking ticket charging the infraction or, if the owner did not receive the parking ticket within thirty days after receipt of notification of infraction.
(1) Proof that the vehicle was in the care, custody or control of a person other than the owner pursuant to a written rental or lease agreement at the time of the alleged parking infraction shall be established by sending a true copy of the rental or lease agreement or an affidavit to that effect to the Parking Violations Bureau within thirty days after the date of receipt by the owner of the parking ticket charging the infraction or, if the owner did not receive the parking ticket within thirty days after receipt of the notification of infraction. The submission of a true copy of a written rental or lease agreement or affidavit shall be prima facie evidence that a vehicle was in the care, custody or control of a person other than the owner. In addition, any information required by division (a)(2) of this section may be provided electronically or on computer readable media, in a format acceptable to the City or the Parking Violations Bureau.
(Ord. 2020-039. Passed 8-10-20.)
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