(A) The city hereby establishes a Parking Violations Bureau (Bureau) pursuant to the Revised Judicature Act, Public Act 236 of 1961, being M.C.L. § 600.8395.
(B) The purpose of the Bureau shall be to accept admissions in parking violation cases and to collect and retain civil fines and costs as prescribed by city ordinance.
(C) A
PARKING VIOLATION NOTICE or CITATION means a notice directing a person to pay the fines and costs herein prescribed for the parking or standing of a motor vehicle in violation of city ordinance. The parking violation notice shall indicate the nature of the violation, the section of the ordinance violated, the contact information for the Bureau (or its authorized agent), and the amount of fine and/or penalty levied for the offense.
(D) A parking violation notice or citation may be issued by a police officer, including a limited duty officer, or other personnel duly authorized by the City Manager.
(E) A parking violation notice or citation may be served personally upon the operator of the vehicle, upon the registered owner of the vehicle by attaching the notice to the vehicle, or by ordinary mail addressed to the registered owner.
(F) After receiving a parking violation notice or citation, a defendant may:
(1) Pay the applicable fine and/or penalty pursuant to the instructions on the parking violation notice or citation; or
(2) File a written appeal with the Bureau or its authorized agent.
(G) If a defendant has not filed a written appeal with the Bureau or its authorized agent and has not otherwise disposed of the parking violation notice within ten days after its issuance, a penalty in the amount proscribed by § 72.99 shall be levied.
(H) If a defendant has not filed a written appeal with the Bureau or its authorized agent or has not otherwise disposed of the parking violation notice within 15 days after its issuance, then the Bureau or its authorized agent shall send a second written notice by ordinary mail to the address of the registered owner. This second written notice shall contain the same facts and information contained within the first notice, but shall also include the amount of any penalty levied.
(I) Those defendants who have filed a written appeal with the Bureau or its authorized agent within 15 days after the issuance of the original notice shall not receive a second written notice as described in division (H) above.
(J) If a defendant has not filed a written appeal with the Bureau or its authorized agent and has not otherwise disposed of the parking violation notice within 30 days after its issuance, then the Bureau or its authorized agent shall send written notice by ordinary mail that the amount owed has been marked delinquent and the matter will proceed to collections.
(K) The Bureau or its authorized agent is authorized to collect any penalties due hereunder in any manner allowed by law, including, but not limited to, the use of a third party or agency.
(L) Appeal process.
(1) Within three days of the date of receipt of a parking violation notice or citation, a defendant wishing to appeal the notice and the associated fee may do so by filing a written appeal with the Bureau or its authorized agent.
(2) Within ten days from its receipt of the appeal, the Bureau or its authorized agent shall make a determination on the appeal request and shall notify the defendant of its decision in writing.
(3) In the event the defendant is not satisfied with the decision rendered by the Bureau or its authorized agent, within ten days of the determination the defendant may appeal the determination in a court of competent jurisdiction.
(4) In such cases, the court may order the payment of costs in addition to any authorized penalties in accordance with the Michigan Vehicle Code, Public Act 300 of 1949, being M.C.L. § 257.907.
(Prior Code, § 72.55) (Ord. D-1628, passed 2-11-1991, effective 2-21-1991; Ord. O-42, passed 1-9-2006, effective 1-19-2006; Ord. O-141, passed 8-27-2012, effective 9-6-2012) Penalty, see § 72.99