(A) Parking citation enforcement in the city shall be governed by the provisions and procedures of KRS 82.600 to 82.635.
(B) (1) Any person who receives notice of a parking violation shall respond to such notice as provided in this section within seven days of the date of the notice, by either paying the fine set forth in the notice or requesting a hearing pursuant to division (C) herein.
(2) If the owner of a vehicle cited for a parking violation has not responded to the notice within seven days, the city shall send a second notice by regular, first-class mail of the United States Postal Service to the last known address of the registered owner of the vehicle as listed on the certificate of title. Such notice shall state that if the owner of the vehicle does not respond to the notice by either paying the fine or by requesting in writing a hearing pursuant to division (C) herein, within seven days of the receipt of the notice, the owner shall be deemed to have waived his right to a hearing and the determination that a violation was committed shall be considered final. Any person who fails to request a hearing or pay the fine within the seven days shall be deemed to have refused to pay the fine levied by the citation.
(3) The registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees and penalties which he has refused to pay.
(C) (1) Any person cited for a parking violation may contest the determination that a violation occurred by requesting, in writing to the City Clerk, a hearing before the Code Enforcement Board. Such hearing shall be held no later than 14 days from the date of receipt of the request, unless prior to the hearing the person requesting such hearing requests an extension of time not to exceed 14 days, or by agreement of the person cited and the city to extend the hearing date until the next available Code Enforcement Board meeting. No less than seven days prior to the date set for the hearing, the Code Enforcement Board shall notify the registered owner of the vehicle of the date, time and place of the hearing. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have refused to pay the fine levied by the citation.
(2) At the hearing, after consideration of the evidence, the Code Enforcement 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 Code Enforcement Board shall uphold the citation and order the owner to pay the citation within seven days. A copy of such 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.
(3) The Code Enforcement 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 officer's personal appearance at the hearing.
(4) An appeal from the Code Enforcement Board's determination may be made to the 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 and the plaintiff shall be authorized to recover his costs.
(5) The judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(D) All revenue generated from fees, fines, and forfeitures related to parking shall be retained by the city receiving such fees, fines, and forfeitures, unless the fine is collected as a result of action taken in the Court of Justice.
(Ord. 92-3, passed 5-4-92; Am. Ord. 2018-10, passed 6-18-18)