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§ 72.100 BOARD OF COMMISSIONERS TO FIX RATES FOR USE OF FACILITIES.
   (A)   The Board of Commissioners shall fix and revise from time to time fees rates, rentals, and charges for the use of the facilities constructed or acquired hereunder, and such fees, rates, rentals, and charges shall be so fixed and adjusted as to provide such funds as the Board of Commissioners deems appropriate, but in no event shall the funds be less than sufficient to pay the costs of maintaining, repairing, or operating the facilities, and paying the interest on and the principal of the revenue bonds issued hereunder for the construction or acquisition of such facilities, and to create necessary reserves for the foregoing purposes. Upon the payment of all of the bonds issued for any project the revenue from such project may be used for general municipal purposes as determined by the Board of Commissioners.
   (B)   The rates or fees to be charged by the Parking Authority shall be fixed at the lowest possible rates consistent with the achieving of the purposes of this subchapter, which shall, together with any additional income, defray the cost of maintaining, operating, and administering the parking facilities, and of meeting the charges for principal and interest on any indebtedness incurred under this subchapter, including reserves for such purposes and a margin of safety.
(Ord. 0-85-008, passed 5-13-85)
§ 72.101 DURATION OF PARKING AUTHORITY.
   The duration of the Parking Authority shall be limited to the life of the bonds which shall finance one (1) parking garage.
(Ord. 0-85-008, passed 5-13-85)
PARKING CITATION ENFORCEMENT
§ 72.990 CITATION PROCEDURE.
   (A)   If any motor vehicle is found parked, standing or stopped in violation of any parking ordinance or other ordinance passed by the city, the vehicle may be cited for the appropriate parking violation either in-person by a citation officer, or through automated enforcement using automated license plate recognition (ALPR) technology. If the vehicle is cited in-person by a citation officer, the citing officer shall note the vehicle’s registration number and any other information concerning the vehicle which will identify it and, if the driver is not present, shall conspicuously affix to the vehicle a notice of parking violation. If the vehicle is cited through automated enforcement, the ALPR technology shall note the vehicle’s license plate number and any other available information concerning the vehicle which will identify it, and shall direct a citation to be sent to the mailing address on record with the Kentucky Department of Motor Vehicles for the registered owner of the vehicle. Pursuant to KRS 82.615(3) the registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees and penalties issued hereunder.
   (B)   The form of the notice of the parking violation shall contain in substance the following information:
      (1)   A statement that the notice represents a determination that a parking violation has been committed by the owner of a vehicle and that the determination shall be final unless contested as provided for in § 72.992 ;
      (2)   A statement that the parking violation may result in impoundment of the vehicle for which the owner may be liable for a fine and towing, handling and storage charges or fees;
      (3)   A statement of the specific parking violation for which the citation was issued;
      (4)   A statement of the monetary penalty established for the parking violation;
      (5)   A statement that the violator may contest the determination that a violation occurred by requesting, in writing, the City Clerk for a hearing before the hearing officer.
   (C)   A notice of parking violation represents a determination that a parking violation has been committed, and such determination shall be final unless contested as provided for in § 72.992 . The registered owner of the vehicle at the time the violation occurred shall be liable for all fines, fees and penalties associated with the violation. The fact that a vehicle which is illegally parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the vehicle at the time of the violation. In the case of a bailment or lease of a vehicle, the bailee and bailor and lessor and lessee shall be jointly and severally liable for all fine, fees and penalties associated with any violation.
(Ord. 0-90-008, passed 4-9-90; Am. Ord. O-2023-16, passed 12-27-23)
§ 72.991 PROCEDURE FOR PERSON RECEIVING CITATION.
   (A)   Any person who received notice of a parking violation shall respond to such notice within twelve (12) days of the date of the notice, by either paying the fine set forth in the notice or requesting a hearing pursuant to § 72.992 .
   (B)   If the owner of the vehicle cited for parking violation has not responded to the notice within twelve (12) days as provided for in division (A) above, the city shall send a second notice by regular first-class mail of the United States Postal Service to the last known address of the registered owner of the vehicle as listed on the certificate of title. Such notice shall state that if the owner of the vehicle does not respond to the notice by either paying the fine or by requesting in writing a hearing pursuant to KRS 82.620, within seven (7) days of the receipt of the notice, the owner shall be deemed to have waived his right to a hearing and the determination that a violation was committed shall be considered final. Any person who fails to request a hearing or pay the fine within the seven (7) days shall be deemed to have refused to pay the fine levied by the citation.
   (C)   The registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees and penalties which he has refused to pay.
   (D)   Failure to pay any fine, fees and penalties as provided for herein within thirty (30) days from the date of the notice shall constitute a misdemeanor, and shall be subject to the penalty provisions of § 72.999 (B).
(Ord. 0-90-008, passed 4-9-90; Am. Ord. 0-90-018, passed 5-29-90; Am. Ord. 0-2008-021, passed 9-8-08; Am. Ord. 0-2011-020, passed 6-13-11; Am. Ord. O-2023-16, passed 12-27-23) Penalty, see §  72.999
§ 72.992 PROCEDURE FOR CONTESTING CITATION.
   (A)   Any person cited for a parking violation as provided for herein may contest the determination that a violation occurred by requesting in writing with the City Clerk a hearing before the hearing officer, and tendering to the City Clerk the fine set forth in the notice and hearing costs in the sum of ten dollars ($10). Such hearing shall be held no later than thirty (30) days from the date of receipt by the Clerk of the requests, unless prior to the hearing the person requesting such hearing requests an extension of time not to exceed thirty (30) days. No less than seven (7) days prior to the date prior to the hearing, the City Clerk shall notify the registered owner of the vehicle of the date, time and place of the hearing. Any person requesting a hearing who fails to appear at the time shall be deemed to have waived his or her right to a hearing and the determination that a violation was committed shall be considered final; further, the person shall be deemed to have refused to pay the fine levied by the citation. In that event, the fine and hearing costs submitted by the person requesting a hearing shall be retained in full by the city.
   (B)   At the hearing, after consideration of the evidence, the hearing officer shall determine whether a violation was committed. Where it has not been established that the violation was committed, an order dismissing the citation may be entered. In the event of a dismissal, the fine and hearing costs tendered by the party requesting the hearing shall be returned immediately by the city. Where it has been established that a violation was committed, the hearing officer shall uphold the citation and the fine and hearing costs submitted shall be retained in full by the city. A copy of such order shall be furnished to the owner.
   (C)   The hearing officer may consider the parking citation and any other written report made under oath by the officer who issued a citation in lieu of the officer’s personal appearance at the hearing.
   (D)   An appeal from the hearing officer’s determination may be made to the District Court of Pike County within seven (7) days of the date of the hearing officer’s determination. The appeal shall be initiated by the filing of a complaint and a copy of the hearing officer’s order in the same manner as any civil action under the Rules of Civil Procedure. The action shall be tried de novo and the burden shall be upon the city to establish that a violation occurred. If the Court finds that a violation did occur the city shall be permitted to keep fine and hearing costs tendered to the city and shall recover from the owner any court costs associated with the appeal. If the court finds that a violation did not occur, the city shall be ordered to dismiss the citation, return the fine and hearing costs tendered by the owner along with his or her taxable costs of the appeal.
   (E)   The judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure.
   (F)   The city shall be authorized to employ on a part-time or full-time basis an individual to serve as a hearing officer pursuant to this subchapter at such compensation as the Board of Commissioners feels reasonable.
(Ord. 0-90-008, passed 4-9-90; Am. Ord. 0-2014-008, passed 5-12-14; Am. Ord. O-2023-16, passed 12-27-23)
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