(a) A person who is served with a parking ticket charging the commission of a parking infraction may answer the charge by personal appearance at the office of the Village Clerk-Treasurer during normal business hours or by mail. The answer shall be made within ten days of the issuance of the parking ticket (the mailing must be postmarked within ten days of the issuance of the ticket) and shall be:
(1) An admission that the person committed the parking infraction by payment of the fine.
(2) An admission that the person committed the parking infraction, with an explanation of the circumstances surrounding the parking infraction.
(3) A denial that the infraction occurred and a request for a hearing. If the person desires the presence of the parking enforcement officer or police officer who issued the parking ticket, the person must request his presence in his answer. A denial and request for appearance of the issuer must be written on the back of the ticket when a denial is entered. Otherwise, the person need only pay the fine to the Clerk.
(b) When a person denies that he has committed a parking violation, he shall be granted a hearing which shall be civil in nature. The Plain City Parking Violations Bureau shall set a date for the hearing and notify the person, in writing, of the date, time and place of the hearing. The hearing shall be conducted by the Hearing Examiner in accordance with Ohio R.C. 4521.08, which in its entirety, is incorporated herein by reference.
(c) A person who admits that he committed a parking infraction shall, and a person who admits that he committed a parking infraction with explanation may, when he makes his answer, pay the fine to the Clerk of the Plain City Parking Violations Bureau.
(d) A person who admits he committed a parking infraction with explanation shall submit evidence to the Plain City Parking Violations Bureau that explains the circumstances surrounding the parking infraction. The evidence may be submitted in person or, to avoid the necessity of personal appearance, may be sent as affidavits and other documentary evidence, by mail. The Bureau upon receiving an answer admitting that a person committed a parking infraction with explanation shall promptly determine whether the explanation mitigates the fact that the person committed the parking infraction and notify the person, in writing, of its determination.
(1) If the Bureau determines that the explanation mitigates the fact that the person committed the parking violation, it shall eliminate or reduce the amount of the fine arising out of the parking infraction. If the fine is eliminated or reduced and the person has previously paid the fine, the amount paid in excess of the revised fine shall be returned to the person. If the fine is eliminated or reduced and the person has not previously paid the fine, the person shall pay only the amount of the revised fine.
(2) If the Bureau determines that the explanation does not mitigate the fact that the person committed the parking infraction, the person owes the entire amount of the fine arising out of the parking infraction, and if the person has not previously paid the fine, the person shall pay the entire amount of the fine.
(3) If a person admits he committed a parking infraction with explanation and the person fails to pay the amount of the fine due within ten days after receiving notice of the Bureau's determination, unless the amount due has previously been paid, the Bureau's determination and the amount of the fine due shall be considered a judgment and shall be treated as if it were a judgment rendered subsequent to a hearing held pursuant to subsection (b) hereof.
(e) If a person fails to timely answer a parking ticket citation, after that person has been personally or constructively served with the citation charging the offense, the Plain City Parking Violations Bureau shall issue a notice of infraction and shall proceed pursuant to Ohio R.C. 4521.07. Failure to answer a charge may result in the imposition of additional penalties set forth in this chapter. (Ord. 29-04. Passed 11-22-04.)