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The Hearing Board shall be the Code Enforcement Board established pursuant to Chapter Chapter 34.
(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97)
At the hearing, after consideration of the evidence, the Code Enforcement Board shall determine whether a violation was committed. Where it has been established that a violation was committed, the Code Enforcement Board shall uphold the citation, and order the owner to pay the citation within seven (7) days. A copy of such order shall be furnished to the owner. Any person ordered to pay a fine and fails to do so within seven (7) days shall be deemed to have refused to pay the fine levied by the citation.
(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97)
The Code Enforcement Board may consider the parking citation and any other written report made under oath by the officer which issued the citation in lieu of the officer's personal appearance at the hearing.
(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97)
An appeal from the determination may be made to the Rowan District Court within seven (7) days of the Code Enforcement Board's determination. The appeal shall be initiated by the filing of a complaint and a copy of the Code Enforcement Board'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 City of Morehead to establish that a violation occurred. If the court finds that a violation occurred, the owner shall be ordered to pay the city all fines, fees and penalties occurring as of the date of the judgment. If the court finds that a violation did not occur, the City of Morehead shall be ordered to dismiss the citation and the plaintiff shall be authorized to recover his costs.
(Ord. 16-93, passed 11-15-93; Am. Ord. 31:97, passed 10-13-97; Am. Ord. 23:99, passed 6-14-99)
(A) The fine for violation of § 71.05(C) and (K) shall be one hundred dollars ($100.00). Further, said vehicle may be subject to impoundment. If said vehicle is impounded, it will be released to the person, firm or corporation claiming it only upon payment of the impoundment fee and outstanding parking fines.
(B) The fine for violation of § 71.05(J) shall be one hundred dollars ($100.00). Further, said vehicle may be subject to impoundment. If said vehicle is impounded, it will be released to the person, firm or corporation claiming it only upon payment of the impoundment fee and outstanding parking fines.
(C) The fine for a first violation of § 71.01, 71.02, 71.03, 71.04 and 71.05(A), (B), (D), (E), (F), (G), (H), (I), (L), (M), (N), (O), (P), (Q), (R), (S), (T) and § 71.06 and Chapter 73 Schedules V, VI, VII, VIII, XI and XVI shall be thirty dollars ($30.00). Further, any vehicle in violation of § 71.05(E) (no parking in an alley) shall be impounded. If said vehicle is impounded, it will be released to the person, firm or corporation claiming it only upon payment of the impoundment fee and outstanding parking fine.
(D) The fine for a second violation of § 71.01, 71.02, 71.03, 71.04 and 71.05(A), (B), (D), (E), (F), (G), (H), (I), (L), (M), (N), (O), (P), (Q), (R), (S), (T) and § 71.06 and Chapter 73 Schedules V, VI, VII, VIII, XI and XVI shall be forty dollars ($40.00) and impoundment of the vehicle or placement of wheel locks. If said vehicle is impounded or wheel-locked, it will be released to the person, firm or corporation claiming it only upon payment of the impoundment fee or wheel lock fee and all outstanding parking fines. For the purpose of this section a second violation shall be defined as a vehicle with one unpaid final parking ticket. A parking ticket is considered final upon the expiration of seven (7) days from the date it was issued or upon the expiration of seven (7) days of the decision of the Code Enforcement Board if said citation is appealed.
(E) The fine for a third violation of § 71.01, 71.02, 71.03, 71.04 and 71.05(A), (B), (D), (E), (F), (G), (H), (I), (L), (M), (N), (O), (P), (Q), (R), (S), (T) and § 71.06 and Chapter 73 Schedules V, VI, VII, VIII, XI and XVI shall be fifty dollars ($50.00) and impoundment of the vehicle or placement of wheel locks. If said vehicle is impounded or wheel locked, it will be released to the person, firm, or corporation claiming it only upon payment of the impoundment fee or wheel lock fee and all outstanding parking fines. For the purpose of this section a third violation shall be defined as a vehicle with two (2) unpaid final parking tickets. A parking ticket is considered final upon the expiration of seven (7) days from the date it was issued or upon the expiration of seven (7) days of the decision of the Code Enforcement Board if said citation is appealed.
(Ord. 19:95, passed 7-10-95; Am. Ord. 04:96, passed 2-12-96; Am. Ord. 07:96, passed 3-25-96; Am. Ord. 23:99, passed 6-14-99; Am. Ord. 12:2001, passed 5-14-01; Am. Ord. 23:2005, passed 8-22-05; Am. Ord. 29:2008, passed 8-11-08; Am. Ord. 07:2010, passed 5-10-10; Am. Ord. 23:2010, passed 11-8-10; Am. Ord. 16:2019, passed 5-22-19)