(A) Any person cited for a parking violation may contest the determination that a violation occurred by requesting in writing a hearing before the Franklin-Simpson Code Enforcement Board. The request for a hearing shall be delivered to the City Clerk at City Hall addressed to the Code Enforcement Board within 14 days from the date of issuance of the parking citation. When a hearing has been requested, the Board shall schedule a hearing for the next regular meeting of the Board that will permit adequate notification to be made to all parties. Not less than ten days before the date of the hearing, the Board shall notify the requester of the date, time and place of the hearing. The notice may be given by first class mail, by personal delivery, or by leaving the notice at the person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and shall be deemed to have refused to pay the fine levied by the citation. The Board shall enter a final order determining the violation was committed and shall impose the appropriate civil penalty. A copy of the order shall be furnished to the violator.
(B) At the hearing after consideration of the evidence, the Board shall determine whether a violation was committed. Where it is not established that the violation was committed, an order dismissing the citation shall be entered. Where it is established that a violation was committed, the Board shall uphold the citation and order the owner to pay the citation within 14 days from the date of the written order of the Board. A copy of such order shall be furnished to the owner. Any person ordered to pay the fine who fails to do so within 14 days shall be deemed to have refused to pay the fine levied by the citation and a $15 late fee and all costs incurred by the city in collecting the civil penalty shall be added to the original fine amount.
(C) The Board may consider the parking citation and any other written report made under oath by the Code Enforcement Officer or other officer who issued the citation in lieu of the officer's personal appearance at the hearing. All other testimony shall be taken under oath and recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(D) An appeal from the Board's determination may be made to the Simpson District Court within 30 days of the Board's written order. The appeal shall be initiated by the filing ofa complaint and a copy of the Board's order in the same manner as any civil action under the Kentucky Rules of Civil Procedure and as set out in the applicable state statutes. If no appeal of the final order of the Board is filed within the time allowed, the Board's order shall be deemed final for all purposes.
(Ord. 2019-020, passed 9-9-2019)