(a) When a person is personally or constructively served with a parking ticket charging the commission of a parking infraction in accordance with Section 407.03, and the person fails to answer the charge within the time specified in Section 407.05, the Parking Violations Bureau shall send a notification of infraction as follows:
(1) If the person who fails to answer was the operator of the vehicle involved in the parking infraction at the time of the commission of the infraction and was personally served with the parking ticket, a notification of infraction shall be sent to that person and, additionally, if such person is not the owner of the vehicle, as determined from the records of the Bureau of Motor Vehicles, a notification of infraction also shall be sent to the owner at his or her most recent address appearing in such records;
(2) If the person who fails to answer was the owner of the vehicle and was constructively served with the parking ticket, a notification of infraction shall be sent to the owner at his or her most recent address appearing in the records of the Bureau of Motor Vehicles.
(b) A notification of infraction shall be sent by first class mail within twelve months after the expiration of the time specified in Section 407.05 for the making of an answer, and shall contain all of the following:
(1) An identification of the parking infraction with which the person was charged and the time and date of the infraction, which identification may be a copy of the parking ticket charging the parking infraction that was personally or constructively served upon the person;
(2) An identification of the amount of the fines, penalties, fees and costs that are due arising out of the parking infraction;
(3) A warning that the person must answer the parking infraction charged in the ticket within thirty days or a default civil judgment in the amount of the fines, penalties, fees and costs due may be entered against the person;
(4) A description of the allowable answers that may be made and notification that the person will be afforded a hearing before the Bureau if he or she denies in his or her answer that he or she committed the parking infraction;
(5) An identification of the manner in which and the entity to which an answer may be made;
(6) A warning that if the person fails to appear at a requested hearing, a default civil judgment in the amount of the fines, penalties, fees and costs due may be entered against the person; and
(7) A warning that the registration of the vehicle involved in the parking infraction, if the vehicle is registered in the State, may not be renewed or transferred if a civil judgment or a default civil judgment is entered against the person, until the judgment is paid or until it is otherwise finally disposed of as provided by law.
(c) A person who receives a notification of infraction pursuant to this section may answer the parking infraction with which he or she is charged, and that is identified in the notification of infraction, by any of the means provided in Section 407.05(a) for answers to parking infractions charged in a parking ticket. Such answer shall be made within thirty days after the date on which the notification of infraction was mailed, and shall be in one of the forms specified in Section 407.05(a) for answers to parking infractions charged in a parking ticket, except that if the answer includes payment of the fine arising out of the parking infraction, any penalty arising out of such infraction also shall be paid. The answer shall be governed by the provisions of Section 407.05(b) through (d) for answers relative to parking infractions charged in a parking ticket, except that any determination of the amount to be paid under an answer admitting the commission of the parking infraction with explanation also shall consider any penalty, fee or cost arising out of such infraction.
(Ord. 84-33. Passed 6-4-84.)
(d) If a person who is issued a notification of infraction fails to timely answer, as provided in division (c) of this section, the failure to answer shall be considered an admission that the person committed the parking infraction, and a default civil judgment, in the amount of the fines, penalties and costs due may be entered against the person. Failure to timely answer the parking infraction identified in the notification of infraction may result in the imposition of an additional penalty of twenty dollars ($20.00) and a judgment against such person for the court costs incurred. Failure to timely answer a parking infraction alleging a violation of Section 454.09 "Overtime Parking", shall result in the imposition of an additional penalty equal to the amount of the penalty initially imposed and a judgment against such person for the initial penalty, the additional penalty for failure to answer, and for the court costs incurred.
(Ord. 92-46. Passed 7-6-92; Ord. 16-25. Passed 7-5-16; Ord. 18-01. Passed 2-20-18; Ord. 18-04. Passed 4-2-18.)
(e) The sending of a notification of infraction; the filing of or failure to file an answer by the person to whom it is sent; the substance of an answer; the payment of any fine, penalty, fee or cost; and any other relevant information shall be entered in the records of the Bureau.
(Ord. 84-33. Passed 6-4-84.)