(A) Purpose. The Indio City Council has duly adopted the procedures of this subchapter on parking violation enforcement proceedings under the authority of, and for the purpose of implementing the requirements of Chapter 1244, Statutes of 1992 ("AB 408"), and Chapter 734, Statues of 1995 ("AB 1228"). The purpose of the procedures specified herein is to provide a fair and thorough process for review of citations issued for parking or standing violations within the city.
(B) Application of time limitations. Within this chapter there are various time limitations established for certain requests, including but not limited to:
(1) Requests for administrative review;
(2) Requests for administrative hearings; and
(3) Requests for copies of documents.
For purposes of this subchapter on parking violation enforcement procedures, the specified time limitations are jurisdictional. Untimely requests will be rejected. Waivers will not be issued.
(C) Summary of procedures. This subchapter on parking violation enforcement procedures provides two stages of review for persons or entities wishing to contest citations:
(1) Administrative review; and
(2) Administrative hearing.
(D) Definitions. The following definitions pertain to terms utilized in this subchapter, regarding Parking Violation Enforcement Procedures, i.e., sections 71.50, et seq., in order to provide clarity and consistency:
(1) ADMINISTRATIVE HEARING. A hearing process with respect to a citation, conducted in accord with the procedures of this subchapter on parking violation enforcement procedures, initiated by a timely written request of a contestant dissatisfied with the results of the administrative review.
(2) ADMINISTRATIVE REVIEW. The initial citation review process, initiated by a contestant's timely request, and conducted by the Reviewing Official.
(3) APPEAL. The action taken by a contestant to request an administrative hearing.
(4) CITATION. Includes, but is not limited to notice of a stopping, standing, or parking violation, and notice of a delinquent violation.
(5) CONTESTANT. Any person or entity who is the registered owner, driver, rentee, bailee or lessee who is liable for parking penalties in accordance with the provisions of Sections 40200, et seq. of the California Vehicle Code, and who contests or disputes liability for the parking penalties.
(6) DMV. The state Department of Motor Vehicles.
(7) HEARING OFFICIAL. An independent and impartial hearing officer meeting the qualifications specified in Section 40215(c)(4) of the California Vehicle Code, appointed by or contracted with the city or its agent to conduct administrative hearings.
(8) ISSUING AGENCY. The city department, or its agent, including but not limited to the California Highway Patrol, which issues the parking citation.
(9) PARKING PENALTY. Includes the applicable civil penalty for the violation specified on the citation, the late payment penalty, and the Department of Motor Vehicle (DMV) lien fee, if applicable.
(10) PARKING VIOLATION. Any violation of any regulation governing the stopping, standing or parking of a vehicle under the Vehicle Code, under any federal or state statute or regulation, or under the Code of Indio.
(11) REVIEWING OFFICIAL. An enforcement official authorized by the Chief of Police to conduct administrative reviews.
(Ord. 1561, passed 6-17-2009)