The system of administrative adjudication of vehicular standing, parking, and compliance regulation violation(s) shall be in accordance with the following procedures and final determination(s) of vehicular standing, parking, and compliance regulation violation(s) liability, validity of notice of impending impoundment, validity of notice of impending drivers license suspension, impoundment of vehicle and collections shall be made only in accordance with the provisions set forth below:
(A) Violation notice - vehicular standing, parking, and compliance regulation violation(s) notice(s) (“violation notice”(s)) shall be issued by the person(s) authorized herein and shall contain information and shall be served, certified and have evidentiary admissibility as is hereinafter set forth.
(B) Authorization - All full-time, part-time, auxiliary police and community service officers, as well as, other specifically appointed individuals shall have the authority to issue violation(s) notices.
(C) Detection of violations - Any individual authorized hereby to issue violation(s) notices and who detects a violation of any section of any applicable municipal ordinance, shall issue a notice of violation thereof and shall make service thereof as is hereinafter set forth.
(D) The vehicular standing, parking, and compliance regulation “Violation Notice” shall contain, but shall not be limited to, the following information:
(1) The date, time and place of the violation (date of issuance).
(2) The particular vehicular standing, parking, or compliance regulation violated.
(3) Vehicle make and state registration number.
(4) The fine and any penalty which may be assessed for late payment. The signature and identification number of the person issuing the notice.
(5) A section entitled “Request for Hearing” which shall clearly set forth that the registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the violation notice by:
(a) Checking or placing a mark in a space provided and clearly identified, “Request for Hearing.”
(b) Placing his/her name and current address in the place provided.
(c) Signing his/her name in the appropriate indicated place.
(d) Filing the violation notice with the “Request for Hearing” portion fully completed; with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(6) The date, time and place of an administrative hearing at which the violation may be contested on its merits.
(7) That payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation.
(8) A section entitled, “Non-Resident Request for Hearing - Non-Appearance,” which clearly sets forth that a non-resident registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice without personally appearing by:
(a) Checking or placing a mark in a space provided and clearly identified, “Non-Resident Request for Hearing - Non-appearance.”
(b) Placing his/her name and current address in the place provided.
(c) Signing his/her name in the appropriate indicated place.
(d) Filing the violation notice with the “Non-Resident Request for Hearing” portion fully completed, with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(e) Filing a notarized statement of facts specifying the grounds for challenging the violation notice which must be filed with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed, if post marked by the due dates herein specified.
(f) A clearly marked statement that execution of the non-resident request for hearing is a waiver of the non-resident's right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the non-resident and the facts contained in the violation(s) notice(s).
(E) Service of the violation(s) notice(s) shall be made by the person issuing such notice by:
(1) Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, or
(2) Handing the notice to the registered owner, operator or lessee of the vehicle, if present.
(F) The correctness of facts contained in the vehicular standing, parking, or compliance regulation violation(s) notice(s) shall be certified by the person issuing said notice by:
(1) Signing his/her name to the notice(s) at the time of service, or
(2) In the case of a notice produced by a computer device, by signing a single certification, to be kept by the Traffic Compliance Administrator, attesting to the correctness of all notices produced by the device while under his/her control.
(G) The original or a facsimile of the violation(s) notice(s) shall be retained by the Traffic Compliance Administrator and kept as a record in the ordinary course of business.
(H) Prima facia evidence of correctness - Any violation(s) notice(s) issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facia correct and shall be prima facia evidence of the correctness of the facts shown on the notice.
(I) Admissibility - The violation(s) notice(s) or a copy(s) shall be admissible in any subsequent administrative or legal proceeding.
(Ord. 97-31, passed 7-2-97)