(a) A person who is personally or constructively served with a parking ticket charging the commission of a parking infraction may answer the charge by appearing personally before the Parking Violations Bureau, by mail or by internet through an internet site provided on the ticket. An answer shall be made within fifteen (15) days from the date of the infraction, and shall be in one of the following forms:
(1) An admission that the person committed the Parking Infraction, by payment of any fine arising out of the Parking Infraction;
(2) An admission that the person committed the parking infraction, with an explanation of the circumstances surrounding the parking infraction;
(3) A denial that the person committed the parking infraction and a request for a hearing relative to such infraction. If the person desires the presence, at the hearing, of the Law Enforcement Officer or Civilian employee who issued the parking ticket, the person must request their presence in their answer.
(b) (1) A person who admits that they committed a Parking Infraction shall, and a person who admits that they committed a Parking Infraction with explanation may, when they make their answer, pay the fine arising out of such infraction admitted to the Violations Clerk of the Parking Violations Bureau.
(2) A person who admits that they committed a Parking Infraction with explanation shall submit evidence to the Parking Violations Bureau that explains the circumstances surrounding the Parking Infraction. The evidence may be submitted in person or, to avoid the necessity of personal appearance, may be sent as affidavits and other documentary evidence, by mail. When the Hearing Examiner receives an answer admitting that a person committed a Parking Infraction with explanation, the Hearing Examiner shall promptly determine whether the explanation mitigates the fact that the person committed the Parking Infraction and notify the person, in writing, of their determination. If the Hearing Examiner determines that the explanation mitigates the fact that the person committed the Parking Infraction, the Parking Violations Bureau shall eliminate or reduce the amount of the fine arising out of the Parking Infraction. If the fine is eliminated or reduced and the person has previously paid the fine, the amount paid in excess of the revised fine shall be returned to the person; if the fine is eliminated or reduced and the person has not previously paid the fine, the person shall pay only the amount of the revised fine. If the Hearing Examiner determines that the explanation does not mitigate the fact that the person committed the Parking Infraction, the person owes the entire amount of the fine. If a person admits that they committed a Parking Infraction with explanation and the person fails to pay the amount of the fine due within ten (10) days after receiving notice of the Hearing Examiner’s determination, unless the amount due has previously been paid, the Hearing Examiner’s determination and the amount of the fine due shall be considered a judgment and shall be treated as if it were a judgment rendered subsequent to a hearing held pursuant to subsection (b) of Section 309.06 of this Code.
(3) A person who denies that they committed a Parking Infraction shall be granted a hearing concerning the infraction. The Parking Violations Bureau shall set a date for a hearing and notify the person, in writing, of the date, time, and place of the hearing. The hearing shall be conducted by a Hearing Examiner in accordance with Section 309.06 of this Code.
(c) If a person who is personally or constructively served with a parking ticket charging the commission of a Parking Infraction fails to timely answer the charge, as provided in subsection (a) of this section, the Parking Violations Bureau shall issue the proper notification of such infraction pursuant to Section 309.05 of this Code, and proceed according to that Section. Failure to answer the charge within the fifteen (15) day period provided by subsection (a) of this section, shall result in the imposition of an additional penalty of five dollars ($5.00).
(d) The issuance of a parking ticket, the filing of or failure to file an answer by a person personally or constructively served with the ticket, the substance of an answer, the payment of any fines, penalties, fees and costs, and any other relevant information shall be entered in the records of the Parking Violations Bureau.
(Ord. 23-10. Passed 5-17-10.)