(A) Initiating appeal.
(1) Timeliness. A contestant dissatisfied with the results of the administrative review may appeal. Any such appeal must be made within 21 days of mailing the results of the review.
(2) Requirements for appeals. The contestant's appeal shall be initiated by means of a written request, filed by the contestant with the Indio Police Department within the time specified in division (A)(1) of this section. Any appeal shall comply with the following requirements:
(a) The contestant shall deposit with the City of Indio, to the address shown on the notice issued by the Reviewing Official per § 71.52(D), the full amount of the parking penalty.
(b) The contestant's appeal request shall indicate the contestant's preference for a hearing by mail or in person.
(c) The contestant shall specify in writing the reasons for contesting the citation.
(d) The contestant shall provide a copy of the citation or the notice issued by the Reviewing Official per § 71.52(D).
(e) If different than the record address contained in the parking citation or Indio Police Department's records, the contestant shall provide the address of the contestant for purposes of mailing notices of hearing and other documents in connection with the appeal.
(f) In the event that the contestant fails to satisfy any one or more of the above requirements within the time specified in division (A)(1) of the section, the appeal shall be rejected as untimely filed.
(3) Exceptions to parking penalty deposit requirement.
(a) Indigence. Pursuant to Section 40215(b) of the California Vehicle Code, the Indio Police Department or its agent shall provide a written procedure to allow a person to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. Notice of this procedure shall be provided to all persons requesting an administrative hearing.
(B) Notice of hearing. Within 21 days from the filing with the Indio Police Department of a contestant's timely appeal, the Indio Police Department or its agent shall send a notice of hearing to the contestant via first class mail. The notice shall specify the date and time of the hearing, and the place where the hearing will take occur. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to Section 40200 et seq. of the California Vehicle Code or this chapter.
(C) Continuances.
(1) Request made prior to date of hearing. A contestant may, in writing, until 24 hours before the scheduled administrative hearing time, request that the Indio Police Department reschedule the administrative hearing. The Indio Police Department shall grant one continuance not to exceed 21 calendar days in accord with Section 40215(b) of the California Vehicle Code.
(D) Administrative hearing procedures.
(1) Procedural matters.
(a) Appearances. The officer issuing the citation shall not be required to appear at the hearing. The contestant shall appear at the hearing, unless a hearing by mail has been designated by the contestant in the appeal request form. If the contestant does not appear at the hearing, the appeal shall be decided by the Hearing Official based on the citation, the record of the administrative review, and any other relevant material in the record, taking into account the reasons specified by the contestant on the appeal request form. Appearances by minors shall be governed by the provisions of Section 40215(c)(2) of the California Vehicle Code.
(b) Hearing Officials. The hearing shall be conducted by an independent and impartial Hearing Official meeting the qualifications specified in Section 40215(c)(4) of the California Vehicle Code, who shall have been appointed by, or contracted with, the city to act in that capacity, pursuant to the procedures specified in Section 40215(c)(4) of the California Vehicle Code.
(c) Hearing record. The Hearing Official shall write pertinent information into the record during the in-person hearing. The hearing record and any supporting documentation will remain with the case file at the city. If the contestant appeals the Hearing Official's decision to the Court, the entire case file will be forwarded to the Court. The hearing records for those cases not appealed to the Court will be retained by the city for one year.
(d) Representation. The contestant may, in his or her discretion, be represented by an attorney in the appeal process, at the administrative hearing. Any such representation shall be at the sole and exclusive cost of the contestant. No contestant shall be entitled to representation at the expense of the city, or any other public agency, irrespective of indigence status.
(2) Conduct of the administrative hearing.
(a) Hearing Official duties. At the time of the administrative hearing, the Hearing Official shall:
1. Make a pre-hearing statement, briefly explaining the nature of the civil proceedings, the manner of conducting the hearing and the limits on the introduction of evidence, the process of rendering a decision, the effects of the decision in terms of collection remedies available to the Indio Police Department, the right of the contestant to appeal to the Court for a de novo hearing, and any other matters in the Hearing Official's discretion;
2. Read the citation into the record;
3. Administer an oath to the contestant and any prospective witnesses;
4. Record the name and address of the contestant; and
5. Write the registered owner's name and address; and the contestant's relationship to the registered owner, if applicable.
(b) Proof requirements; validity of citation.
1. Burden of proof. The issuing agency bears the burden of proof, by a preponderance of the evidence, that the citation meets statutory requirements for validity.
2. Prima facie case. Where the citation, or copy thereof, contains all of the items specified in Section 40202(a) of the California Vehicle Code, the issuing agency shall not be required to produce any evidence other than the notice of the parking violation or copy thereof and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.
3. Rebuttal. The contestant may introduce relevant evidence relating to the validity of the citation.
(c) Proof requirements; contestant defenses.
1. Burden of proof; defenses. The contestant bears the burden of proof, by the preponderance of the evidence, that although the citation is facially valid, a viable defense exists which would preclude the contestant's liability for the parking penalty, or that a viable defense exists which would limit the contestant's liability for late payment penalties.
2. Defense; late payment penalties. Nonreceipt of the notice of violation itself, if based on sufficient evidence, may constitute a defense to the late payment penalties based on nonpayment of the notice of violation, however, is not a defense to late response to the notice of delinquent parking violation. The defense of nonreceipt of the notice of violation is not available to the registered vehicle owner, where the person operating the vehicle at the time of the citation was not the registered vehicle owner. Clear proof of timely payment of the citation is a defense to late payment penalties.
3. Defense; merits of citation. Defenses relating to the merits of the citation must be established by the contestant by sufficient evidence. Such defenses may include, but are not limited to:
a. Signage matters (missing, obscured or defaced signs);
b. Impossibility of knowledge of the applicable parking restrictions (where the contestant demonstrates that it was impossible for him or her to become aware of the applicable parking restrictions);
c. Malfunctioning parking meters;
d. Recent loss of parking permit or placard;
e. Mechanical breakdown of the vehicle (where the vehicle was not illegally parked prior to the breakdown, the violation in fact results from the breakdown and reasonable steps were taken to remove the vehicle prior to the occurrence of the violation).
4. Personal reasons, inconveniences, lack of funds, forgetfulness, failure to observe signs, lack of available parking elsewhere, lack of knowledge of the applicable restrictions, and similar or related matters are not under any circumstances a defense to liability for the parking penalties. Failure to list a defense in the statement of reasons contained in the contestant's appeal request precludes the contestant from utilizing that defense at the time of the appeal hearing.
(d) Evidence.
1. Rules of evidence. The rules of evidence for Civil Court procedures shall not apply in administrative hearings conducted pursuant to the procedure. Evidence relevant to the issues raised by the contestant's statement of reasons, and to the validity of the citation itself under Section 40202 of the California Vehicle Code, will be received. Weight and reliability of the evidence provided will be determined by of the hearing officer.
2. Form of evidence. Other than the citation and the DMV information, the Hearing Official shall receive into the record the Reviewing Official's record from the administrative review, together with relevant testimony, documentation and other material which is submitted by either party. Weight and reliability determinations, shall be made by the Hearing Official. The Hearing Official may, but is not required to, admit evidence in the form of declarations of witnesses, submitted by the contestant. Such declarations shall not be admitted unless presented in the form required for declarations under California Section 2015.5 of the California Code of Civil Procedure, and shall contain the statements required by Sections 2015.5(a) and 2015.5(b) of the California Code of Civil Procedure.
(e) Witnesses.
1. The contestant may present witness testimony as evidence at the discretion of the Hearing Official. The Hearing Official, after conducting the initial procedures of the hearing, may exclude witnesses until their turn to testify. The Hearing Official may limit the number of witnesses to prevent repetitive testimony in the interest of efficiency
2. Cross-examination by Hearing Official. The Hearing Official may conduct such cross-examination of the contestant or any witness presented at his or her discretion.
(3) Determination of appeal.
(a) Basis for determination. The Hearing Official shall make a written decision on liability for the parking penalties based on the testimony and other evidence in the record.
(b) Disposition. The Hearing Official shall enter the disposition and the total amount of parking penalties on the hearing record. The decision, including the rational thereof, shall be placed in written form.
(c) Delivery of decision to contestant. Although the Hearing Official's decision may be personally delivered to the contestant following the completion of the hearing, the written decision shall be sent to the contestant, to the address listed on the contestant's appeal form, via first class mail.
(d) Deferred payment. Following a determination by the Hearing Official that a person has committed the violation, the Hearing Official may in his or her discretion, may allow for deferred payment of the parking penalty, if the person provides evidence satisfactory to the Hearing Official, of an inability to pay the parking penalty in full.
(e) Finality. The Hearing Official's decision shall be the final decision of the Indio Police Department. The decision shall set forth the time limits for the contestant to file for judicial review in the Court, and a notice that if no such review is sought within the applicable time limitations, the decision shall be final for all purposes.
(Ord. 1561, passed 6-17-2009)