A. Hearing Officers; Mayor Appoints: The mayor shall appoint such hearing officers as the mayor deems appropriate to consider matters relating to the unauthorized use of streets, parking lots or other areas as provided in this chapter.
B. Appearance and Hearing: Any person having received notice under section 10-6-1, or the owner of any vehicle employed in an unauthorized use, may appear before a hearing officer and present and contest the alleged unauthorized use. The hearing may either be conducted:
1. Informally, without reporting of the proceeding; or
2. By hearing conducted pursuant to title 4, chapter 4, article A of this code.
All applications for hearing pursuant to title 4, chapter 4, article A of this code shall be filed in writing in the city recorder’s office within ten (10) days of the date of notice and accompanied by the fee established in section 4-6-1 of this code.
C. Defense; Burden To Prove: The burden to prove any defense shall be upon the person raising such defense.
D. Dismissal; Defenses: If the hearing officer finds that no unauthorized use occurred or an unauthorized use occurred but one or more of the defenses set forth in this subsection is applicable, the hearing officer may dismiss the notice of unauthorized use and release the owner or driver from liability thereunder. Such defenses are:
1. At the time of the unauthorized use, possession of the subject vehicle had been acquired by a third party in violation of the criminal laws of the state;
2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property;
3. Such other defense as may be approved by the city attorney’s office.
E. Reserved.
F. Agreement For Payment: If the hearing officer finds that an unauthorized use occurred and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable penalty.
G. Collection: If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days from the date of notice, or ten (10) days from such date as may have been agreed to by the hearing officer, the city may use such lawful means as are available to collect such penalty, including court costs and attorney fees.
(1979 Code § 10.53.030; Ord. 94-60, 11-15-1994; amd. Ord. 2005-29, 5-24-2005; Ord. 2021-32, 7-6-2021)