(a) If an operator or registered owner contests a parking citation or a notice of delinquent parking violation, the processing agency shall do all of the following:
(1) First, either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the citation with respect to the contestant’s written explanation of the reason or reasons for contesting the parking citation.
If, based on the results of that investigation, the processing agency is satisfied that the violation did not occur, or the registered owner was not responsible for the violation by virtue of having sold, rented or leased the vehicle, or because legally supportable or mitigating circumstances as set forth in the City’s administrative policy warrant a dismissal, the processing agency shall cancel the parking citation, and make an adequate record of the reason or reasons for canceling the parking citation. The processing agency shall mail the results of the investigation by first class mail to the contestant within ten days of the decision.
(2) If the contestant is not satisfied with the results of the investigation provided for in paragraph (1) of this subsection, the contestant may, within fifteen days of the mailing of the results of the initial investigation, deposit the amount of the parking penalty or provide proof of an inability to deposit the parking penalty, and request an administrative hearing.
(3) If the contestant prevails at the administrative hearing, then the full amount of the parking penalty deposited shall be refunded.
(b) The administrative hearing procedure shall consist of the following:
(1) The contestant shall make a written request for administrative hearing on a form and in a manner satisfactory to the processing agency, and may request to contest the parking citation either in person or by written declaration;
(2) If the contestant is a minor, that person shall be permitted to appear at a hearing or admit responsibility for a parking citation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as if the minor were an adult;
(3) The administrative hearing shall be conducted before an examiner designated to conduct the hearing by the city council or by the processing agency.
(c) The issuing officer shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the parking citation or copy thereof, and information received from the Department identifying the registered owner of the vehicle.
This documentation in proper form shall be considered prima facie evidence of the violation.
(d) The processing agency’s final decision shall be in writing and delivered personally to the contestant or the contestant’s agent, or delivered by first class mail within ten (10) working days following the hearing.
(e) If the contestant is not the registered owner of the vehicle, all notices to the contestant required under this section shall also be given to the registered owner by first class mail.
(Ord. 700 § 2 (part), 1993)