Any person wishing to contest a parking citation may appeal to the Hearing Officer of the city as follows:
(A) First level appeal. If the person who received the citation (petitioner) believes the citation itself is incorrect in fact or law, such petitioner shall notify the Office of the Hearing Officer at the Palm Bay Police Department. The petitioner shall, in writing and with particularity, state objections to the citation received. Such appeal shall be received by the Office of the Hearing Officer within fifteen (15) calendar days, of the issuance date of the citation. The Hearing Officer shall review the appeal and make a written decision as to the validity of the citation within thirty (30) calendar days, after receipt of a timely appeal by petitioner. The decision of the Hearing Officer shall be deposited in the regular United States mail, first-class postage prepaid. If the decision rendered finds that the citation is valid, the time limits will then begin to run anew as provided in § 74.151.
(B) Second level appeal. If the petitioner does not concur with the decision of the Hearing Officer that the citation is valid, the petitioner shall submit, in writing, a request for a full evidentiary hearing before the Hearing Officer. This request for hearing shall be received by the Office of the Chief of Police within fifteen (15) calendar days, of the postmark date of the first level appeal decision. The petitioner shall pay the fine in full at the time of the request for the second level appeal. The city shall notify the petitioner in writing of the date of the hearing at least fifteen (15) calendar days before the date of the hearing.
(C) Appeals of Section 74.140.
(1) Within fifteen (15) calendar days of the issuance of a citation under this section, a person may provide a notice of appeal to the Palm Bay Police Department on an approved form, which shall contain a sworn statement that either:
(a) The driver of the vehicle at the time of the violation had a valid disabled personsparking permit or license plate issued pursuant to F.S. §§ 316.1958, 320.0842, 320.0843, 320.0845, or 320.0848, or
(b) That the owner of the disabled parking permit or license plate was present in the vehicle as a passenger at the time the violation occurred and that such a parking permit or license plate was valid at the time the violation occurred.
(2) Upon receipt of such appeal and supporting documentation, a law enforcement officer shall attest that such facts have been verified. Once verified, the parking citation may be dismissed by the Palm Bay Police Department upon the payment of an administrative fee of seven dollars and fifty cents ($7.50) by the violator.
(Ord. 2007-23, passed 4-5-07; Am. Ord. 2010-17, passed 7-15-10; Am. Ord. 2010-42, passed 9-16-10; Am. Ord. 2015-60, passed 12-1-15)