The Administrative Law Judge (ALJ) is the presiding officer who shall be appointed in accordance with title 12, “Administrative Code Enforcement Hearing Program”, of this Code to consider matters relating a violation to this title. The ALJ shall not be a member of the North Salt Lake Police Department.
A. City Recorder Responsibilities: The City Recorder or designee shall accept payments and offers of proof; manage payment plans; and schedule hearings before the ALJ.
B. Make Payment Or Request Hearing: Any person who has received a Notice of Violation on the person's vehicle or trailer, by mail, or in person, may appear before the City Recorder or designee to pay or schedule payment or to request a hearing before the Administrative Law Judge.
1. A request for hearing shall be in writing, on a request form provided by the City.
2. The form shall be filed with the City Recorder or designee, signed by the person named in the Notice of Violation, clearly state that the person is requesting a hearing, and identify the Notice of Violation.
3. If the City Recorder or designee determines that a purported request does not comply with this subsection, the person named in the Notice of Violation shall be sent notice of the noncompliance within three (3) business days. The petitioner may amend the request to comply with this subsection within ten (10) days of receiving notice.
C. Standard Of Proof - Burden:
1. The burden of proof is upon the petitioner alleging defenses.
2. If the Administrative Law Judge finds by a preponderance of the evidence that no violation occurred, or that a violation occurred but one or more of the defenses set forth in this subsection is applicable, the Administrative Law Judge may dismiss the Notice of Violation and release the owner or person named in the notice from liability thereunder.
A petitioner may allege the following defenses under this subsection:
a. At the time of the observed violation, the subject vehicle or trailer had been acquired, possessed, or under the control of someone other than the registered owner, in violation of the criminal laws of the State.
b. At the time of the observed violation, the compliance with this chapter would have presented an imminent and irreparable injury to persons or property.
3. If the Administrative Law Judge finds by a preponderance of the evidence that a violation occurred, but that one of the defenses set forth in this subsection apply, the ALJ may reduce the penalty.
A petitioner may allege the following defenses under this subsection:
a. At the time of receipt of the Notice of Violation, possession of the subject vehicle or trailer had been acquired pursuant to a written lease agreement or other similar written agreement;
b. The subject vehicle or trailer was mechanically incapable of being moved from such location; provided, however, that this defense shall not apply to any vehicle or trailer which remains at such location in excess of twelve (12) hours;
c. Any marking, sign, or other indicia of parking regulation:
(1) Was not clearly visible or comprehensible; or
(2) Was not properly installed; or
(3) There exist other mitigating circumstances as may be determined by the ALJ.
4. If the Administrative Law Judge finds that a violation occurred and no applicable defense exists, the ALJ may, in the interest of justice and on behalf of the City, enforce the penalty and may set up a plan for the timely or periodic payment of the applicable penalty. (Ord. 2019-01, 6-4-2019; amd. Ord. 2020-02, 1-7-2020)