(A) 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 driver's license suspension, impoundment of vehicle and collections shall be made only in accordance with the provisions set forth below:
(1) Violation notice. Vehicular standing, parking, and compliance regulation violation notice (“violation notice”) 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.
(2) Authorization. All full-time and part-time police officers and community service officers, as well as other specifically appointed individuals, shall have the authority to issue violation notices.
(3) Detection of violations. Any individual authorized hereby to issue violation notices, and who detects a violation of any section of any applicable city ordinance, shall issue a notice of violation thereof, and shall make service thereof as is hereinafter set forth.
(4) Contents of violation notice. The vehicular standing, parking, and compliance regulation violation notice shall contain, but shall not be limited to. the following information:
(a) The date, time and place of the violation (date of issuance).
(b) The particular vehicular standing, parking, or compliance regulation violated.
(c) Vehicle make and state registration number.
(d) The fine.
(e) The signature and identification number of the person issuing the notice.
(f) The date, time and place of an administrative hearing at which the violation may be contested on its merits.
(5) Service of violation notice. Service of the violation notice shall be made by the person issuing such notice by:
(a) Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle; or
(b) Handing the notice to the registered owner, operator or lessee of the vehicle, if present.
(6) Correctness of facts in violation notice. The correctness of facts contained in the vehicular standing, parking, or compliance regulation violation notice shall be certified by the person issuing the notice by:
(a) Signing his or her name to the notice at the time of service; or
(b) In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the Traffic Compliance Administrator, attesting to the correctness of all notices produced by the device while under his or her control.
(7) Retention of violation notice as a record. The original or a facsimile of the violation notice shall be retained by the Traffic Compliance Administrator and kept as a record in the ordinary course of business.
(8) Prima facie evidence of correctness. Any violation notice issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facie correct, and shall be prima facie evidence of the correctness of the facts shown on the notice.
(9) Admissibility. The violation notice or a copy shall be admissible in any subsequent administrative or legal proceeding.
(B) Procedures for non-residents. Where the registered owner or lessee of the cited vehicle is not a resident of the city but seeks to contest the merits of the alleged violation, such persons may contest the charges using the same available defenses, and the same procedures - they may attend the administrative hearing or they may submit any and all documentary evidence no later than the hearing date referenced in the notice of liability, together with a written statement reflecting that they are non-residents of the city.
(Ord. O-38-10, passed 12-7-10; amend. Ord. O-16-16, passed 8-16-16)