(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)