(1) Each adjudication of a parking violation pursuant to this Chapter shall be conducted by a Parking Hearing Examiner.
(2) The officer issuing the ticket shall not be required to appear at the hearing unless the respondent has denied liability and the Parking Hearing Examiner determines that the officer's participation is required. The Parking Hearing Examiner may grant a reasonable continuance if the officer is not available. The Parking Hearing Examiner may also issue a subpoena to compel the production of any document, paper or record relevant to the violation charged. The City shall not be required to submit any evidence other than the parking ticket and information from a state department of motor vehicles identifying the owner of the vehicle. Such documentation in proper form (including without limitation any facsimile of the original parking ticket and the information from a state department of motor vehicles which has been transferred onto microfilm, computer tape or other form of data storage) shall be considered prima facie evidence that the registered owner of the vehicle was the person who committed the parking violation. The participation of an attorney or other representative of the City shall not be required.
(3) If a person (i) fails to answer or (ii) fails to appear at a hearing when required to do so, or (iii) fails to timely contest the parking violation by mail or by electronic submission, or (iv) having admitted commission of the parking violation (with or without explanation), fails to pay the fines, costs and additional fees assessed, the Parking Hearing Examiner shall enter an order by default sustaining the charges, fix the appropriate fine and assess appropriate costs and additional fees, if any.
(4) An order by default may be vacated by the Parking Hearing Examiner within one (1) year after its entry only upon written application setting forth (i) a sufficient defense to the charge, and (ii) excusable neglect as to the respondent's failure to timely submit testimony and evidence or attend the hearing. If a notice of violation was mailed to the registered owner at the address appearing on the registry of a state department of motor vehicles, the failure to receive such notice shall not be considered a defense unless the owner can prove that a state department of motor vehicles was advised of the owner's change of address prior to the date of the parking violation.
(5) Adjudications shall be conducted in a fair and appropriate manner, regardless of the form of adjudication chosen by the respondent. Technical rules of evidence shall not apply, and all relevant evidence of reasonably probative value may be received. All testimony shall be given under oath or affirmation. Written testimony shall be signed by the witness. A record shall be made of all adjudications, and recording devices may be used for such purposes.
(6) After due consideration of the evidence and arguments offered on a contested violation, the Parking Hearing Examiner shall determine whether the charges have been established. If the Parking Hearing Examiner determines the charges have not been established, an order dismissing the charges shall be entered. If the Parking Hearing Examiner determines the charges have been established, an order sustaining the charges, fixing the appropriate fine, and assessing costs and additional fees, if any, as appropriate shall be entered.
(7) Upon entry of an order determining liability for a parking violation, the Parking Authority shall notify the operator or owner (i) of the violation charged, and (ii) of the entry of an order determining liability for a parking violation.
(8) Any person who has received a parking ticket, a parking citation or a summons from the Philadelphia Traffic Court charging a parking violation prior to the effective date of this Chapter may elect to contest the violation before the Director of Finance under the procedures set forth in this Chapter for the contesting of civil parking violations. If a person elects to contest the violation before the Director of Finance, he shall consent to the jurisdiction of the Director of Finance and the adjudication of the violation by the Director of Finance, and the Parking Authority shall notify the Traffic Court that the City requests a dismissal of the summary proceeding for the parking violation in question.
Notes
| 320 | Caption and Section amended, Bill No. 120106-A (approved June 6, 2012), effective December 3, 2012. |