(A) Any person cited for a parking violation may contest the determination that a violation occurred by requesting, in writing, a hearing before the Parking Enforcement Hearing Board. The request for a hearing shall be addressed to the Parking Enforcement Hearing Board and delivered to the Murray Police Department within the required seven (7) day time limit. When a hearing has been requested, the Board shall schedule a hearing to be held no later than fourteen (14) days from the date of receipt of the request, unless prior to the hearing the person requesting such hearing requests an extension of time not to exceed fourteen (14) days. Not less than seven (7) days before the date of the hearing, the city shall notify the requester of the date, time and place of the hearing. The notice may be given by certified mail, return receipt requested, by personal delivery, or by leaving the notice at the person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and shall be deemed to have refused to pay the fine levied by the citation. The Board shall enter a final order determining the violation was committed and shall impose the appropriate civil penalty. A copy of the order shall be served on the violator.
(B) At the hearing, the Board may consider the parking citation, and any other written report made under oath by the officer who issued the citation in lieu of an officer's personal appearance at the hearing. After consideration of the evidence, the Board 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 Board shall uphold the citation and order the owner to pay the citation within seven (7) days. An administrative hearing fee of fifty dollars ($50) will be added to the amount of the original fine if the Board upholds the citation. A copy of such order shall be furnished to the owner. If the fine amount plus the administrative hearing fee is not received within seven (7) days of the hearing date, a late fee of fifty dollars ($50) shall be added to the original fine amount. Failure to pay the fine(s) within an additional seven (7) days may result in a summons being issued in the name of the registered owner of the vehicle requiring the owner to appear in Calloway County District Court.
(C) An appeal from the Parking Enforcement Hearing Board's determination may be made to the Calloway County District Court within seven (7) days of the Board's determination. The appeal shall be initiated by filing a complaint and a copy of the Parking Enforcement Hearing 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 to establish that a violation occurred. If the court finds that a violation occurred, the owner shall be ordered to pay to the city ALL FINES, FEES AND PENALTIES OCCURRING AS OF THE DATE OF JUDGMENT.
(Ord. 2014-1631, passed 1-23-14; Am. Ord. 2017-1732, passed 4-27-17)