The parking examiner shall notify the person contesting the parking penalty of the date and time scheduled for hearing and provide the option of proceeding on a written statement or in person at that time. The hearing shall be conducted within the boundaries of the city within ninety calendar days following receipt of the request for an administrative hearing; provided, however, that the person requesting the hearing shall be entitled to one continuance not exceeding twenty-one calendar days. If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian and may be proceeded against in the same manner as against an adult. Prima facie evidence of the parking violation shall be established by the police department's production at the hearing of the notice of parking violation (or a copy thereof), information from the California Department of Motor Vehicles identifying the registered owner of the vehicle, and the decision of the police department being contested. Hearings shall be conducted informally, to be guided by rules of legal evidence, according to written procedures established by the police department and approved by the city manager. The appellant shall be entitled to testify and to present witnesses. Upon completion of the hearing, the parking examiner may cancel the notice of parking violation and all penalties and fees based thereon if a determination is made that either the violation did not occur, that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, or that the registered owner was not responsible for the violation; however, under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation. The decision of the parking examiner shall be mailed or personally delivered to the appellant and shall be final and not subject to reconsideration. Following a determination by the examiner that a person has committed the violation, the examiner may allow payment of the parking penalty in installments, or the police department may allow for deferred payment or allow for payments in installments, if the person provides evidence satisfactory to the examiner or to the police department, as the case may be, of an inability to pay the parking penalty in full. Unless canceled by decision of the police department or the parking examiner, the parking penalty and all late charges and fees based thereon shall be collectible as provided by the laws of California.
(Ord. 4325 § 1 (part), 1996: Ord. 4159 § 2 (part), 1993)