A. Appeal Procedures: A violation of this chapter may be appealed as follows:
1. The city manager shall appoint such hearing officers as he or she deems appropriate to consider matters relating to the unauthorized use of streets.
2. Any person having received notice of such unauthorized use, or the owner of any vehicle employed in such use, may file a notice of appeal within fifteen (15) days of the violation with the city recorder.
3. The city recorder shall deliver the notice of appeal to the hearing officer within two (2) days.
4. The person charged with an offense under this chapter shall present and contest such alleged unauthorized use to the hearing officer.
5. The burden to prove any defense shall be upon the person raising such defense.
6. The hearing officer may find that no unauthorized use occurred and dismiss the ticket.
7. If the hearing officer finds that an unauthorized use occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may dismiss the notice of unauthorized use and release the owner or driver from liability thereunder. Such defenses are:
a. At the time of the receipt of the notice, possession of the subject vehicle had been acquired in violation of the criminal laws of the state;
b. If the notice of unauthorized use alleges a violation of any ordinance pertaining to a parking meter, such meter was mechanically malfunctioning to the extent that its reliability is questionable;
c. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property;
d. If the hearing officer finds that the owner of the vehicle is deceased but was living when the ticket was issued;
e. If the hearing officer finds that the vehicle was sold with the original license plates on, and the ticket was received prior to the sale, provided the sale is reported to the DMV and the bill of sale is provided within twenty (20) days of receipt of the parking notice.
8. If the hearing officer finds that an unauthorized use occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may reduce the penalty associated therewith, but in no event shall such penalty be reduced below the sum of ten dollars ($10.00). Such defenses are:
a. At the time of receipt of the notice, possession of the subject vehicle had been acquired pursuant to the written lease agreement or similar written agreement;
b. The subject vehicle was mechanically incapable of being moved from such location; provided, however, such defense shall not apply to any vehicle which remains at such location in excess of six (6) hours;
c. Any markings, signs or other indicia of parking use regulation were not clearly visible or comprehensible;
d. At the time of receipt of notice for expired registration, the vehicle was registered but the sticker not displayed, or if the vehicle is registered within five (5) days of the expiration date;
e. At the time of the notice of violation a residential parking permit was valid but not properly displayed;
f. Such other mitigating circumstances as the hearing officer may find, with the written approval of the court's traffic manager, which must include the basis for the decision. A report on such decisions is to be provided to the mayor and city council on a quarterly basis.
9. If the hearing officer finds that an unauthorized use occurred and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable penalty.
10. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days from the receipt of notice, or ten (10) days from such date as may have been agreed to by the hearing officer, the city may use such lawful means as are available to collect such penalty, including costs and attorney fees. (Ord. 2013-03, 2-7-2013)