(A) Any person cited for a parking violation under this chapter may contest the determination that violation occurred by requesting in writing a hearing before the Parking Violation Hearing Officer. The written request for a hearing must be made by filling out the appropriate form at the Kenton County Police Department. The hearing shall be held no later than 14 days from the date of the receipt of the request, unless prior to the hearing the person requesting the hearing requests an extension of time not to exceed 14 days. No less than seven days prior to the date set for hearing, the Hearing Officer 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.
(B) At the hearing, after consideration of the evidence, the Hearing Officer 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 Hearing Officer shall uphold the citation and order the owner to pay the citation within seven days. A copy of the order shall be furnished to 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 fine levied by the citation.
(C) The Hearing Officer may consider the parking citation and any other written report made under oath by the officer who issued citation in lieu of the officer's personal appearance in court.
(D) An appeal from the Hearing Officer's determination may be made to the Kenton County District Court within seven days of his determination. The appeal shall be initiated by the filing of a complaint and a copy of the Hearing Officer'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 county to establish that a violation occurred. If the court finds the violation occurred, the owner shall be ordered to pay to the county all fines, fees, and penalties occurring as of the date of the judgment. If the court finds the violation did not occur, the county shall be ordered to dismiss the citation.
(E) The judgment of the Kenton District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. 531.69, passed 12-23-97)