(A) An owner of a vehicle cited for a violation of this chapter may, within seven days of issuance of a parking violation citation, request in writing, on a form prescribed by the Chief of Police, a formal hearing before a Parking Violations Hearing officer(s);
(B) The Mayor, shall appoint parking violation hearing officer(s) other than policemen, persons working in the police department or person authorized to issue tickets. Such officer(s) shall serve for a term of two years from the effective date of appointment.
(C) The hearing officer(s) shall be empowered to hear appeals from the issuance of parking violation citations and take such other actions in processing parking violations as authorized by the state statutes and Town ordinances and regulations.
(D) In scheduling formal appeal hearings, the appellant shall be notified by mail of the place and time of hearing. Such notice shall be provided at least 15 days, but not more than 30 days, prior to the scheduled hearing date.
(E) The procedure for the hearing shall be informal as to the rules of evidence, but testimony shall be taken under oath or affirmation.
(F) The provisions of this section shall be construed in accordance with the provisions of applicable state statutes and town ordinances.
(G) In considering an appeal, the hearing officer(s) may consider all relevant facts and circumstances and may require personal appearance of the appellant and issuing officer.
(H) Should the hearing officer(s) find in favor of the appellant, he shall so certify to the town and the record of the citation shall be removed from the files of the town and any payments made by the appellant shall be refunded.
(I) Should the hearing officer(s) find the issuance of the citation proper, he shall so certify to the town and inform the appellant by first-class mail.
(J) If such violation has not been paid by the date of the judgment of the hearing officer(s), the town shall send by first class mail a notice of the penalty assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of penalty assessment with the Clerk of the Superior Court for the geographical area in which the town is located together with an entry fee as required by statute. The certified copy of the notice of penalty assessment shall constitute a record of assessment. Within such 12 month period, assessments against the same person may be accrued and filed as one record of assessment. The Clerk shall enter judgment in the amount of such record of assessment and court costs against such person in favor of the town. Notwithstanding any other provision of the general statutes, the assessment of the hearing officer(s), when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution of such judgment may issue without further notice to such person.
(K) A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal may be instituted as provided by statute within 30 days of the mailing of notice of such assessment. Nothing herein contained shall be construed as a limitation on the power of the Superior Court to impose a fine in accordance with the ordinances of the town for violations thereof.
(Ord. 354, adopted 11-7-94)