A. Purpose. The procedures embodied in this administrative adjudication procedure have been duly adopted by the Sacramento city council, under the authority of, and for the purpose of implementing the requirements of Chapter 1244, Statutes of 1992 ("AB 408"), and Chapter 734, Statutes of 1995 ("AB 1228"). The purpose of the procedures specified herein is to provide a fair and thorough process for review, both at the administrative level, and in the form of a hearing when requested, of citations issued for parking or standing violations, within the city.
B. Application of Time Limitations. Within this procedure there are various time limitations established for presentation of certain requests, including, but not limited to, requests for administrative review, requests for administrative hearing, and requests for copies of documents. For purposes of this procedure, the specified time limitations are jurisdictional. Untimely requests will be rejected. Waivers will not be issued. No person has authority to waive, or otherwise grant exceptions to a specified time limitation.
C. Summary of Procedures. This procedure encompasses two sequential stages of review available to persons or entities wishing to contest citations for parking or standing violations:
1. Administrative review; and
2. Administrative hearing.
The first stage, administrative review, is initiated by a contestant's timely written, telephonic, or in-person request for review of the circumstances surrounding issuance of the citation. The contestant will be required to complete a review request form, within which the reasons for the contest must be specified, in order to focus the investigation. The review process consists of an investigation by the issuing agency staff, who will review the citation and the circumstances surrounding its issuance. The results of this process will be mailed to the contestant.
The second stage, administrative hearing, is initiated by a contestant who is not satisfied with the results of the administrative review. To initiate this process, the contestant must, on the written request form provided by the city, indicate whether he or she prefers a hearing by mail or in person. The reasons for the contest must also be articulated on the form. In order to perfect the appeal, the contestant must also deposit the amount of the parking penalty, at the time the administrative hearing is requested. If any of these requirements are not met within the prescribed time limits, the appeal will be untimely and will be rejected. The hearing will be conducted by an independent hearing examiner. The hearing will be conducted in accordance with the provisions of this procedure. A written determination of the contest will be provided to the contestant personally, or by mail.
Finally, appeal of the city's final decision on the citation may be made to the municipal court. Other miscellaneous matters are also specified.
D. Definitions. The following definitions pertain to terms utilized in this procedure, in order to provide clarity and consistency:
"Administrative hearing" means a hearing process with respect to a citation, conducted in accordance with the procedures specified herein, initiated by a timely written request of a contestant dissatisfied with the results of the administrative review.
"Administrative review" means the initial citation review process, initiated by a contestant's timely request, and conducted by the issuing agency staff.
"Appeal" means the action taken by a contestant to request an administrative hearing.
"Citation" includes, but is not limited to notices of parking or standing violation, and notices of delinquent violation.
"Contestant" means any person or entity who is the registered owner, driver, rentee or lessee who is liable for parking penalties in accordance with the provisions of California Vehicle Code Sections 40200, et seq., and who contests or disputes liability for the parking penalties.
"DMV" means the state Department of Motor Vehicles.
"Issuing agency" means the city agency which issues the parking citation.
"Parking penalty" includes the applicable civil penalty for the violation specified on the citation, the late payment penalty, and the Department of Motor Vehicles (DMV) lien fee, if applicable.
"Parking violation" means any violation of any regulation governing the standing or parking of a vehicle under the California Vehicle Code, under any federal or state statute or regulation, or under any city of Sacramento ordinance.
"Revenue division" means the city of Sacramento revenue division. (Prior code § 25.17.601)