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A. The Mayor shall appoint such Hearing Officers as he or she deems appropriate to consider matters relating to the unauthorized use of streets.
B. Any person having received notice of such unauthorized use, or the owner of any vehicle employed in such use, may appear before a Hearing Officer and present and contest such alleged unauthorized use.
C. The burden to prove any defense shall be upon the person raising such defense.
D. The Hearing Officer may find that no unauthorized use occurred and dismiss the ticket.
E. If the Hearing Officer finds that an unauthorized use occurred but one or more of the defenses set forth in this section is applicable, the Hearing Officer may dismiss the notice of unauthorized use and release the owner or driver from liability thereunder. Such defenses are:
1. At the time of the receipt of the notice, possession of the subject vehicle had been acquired in violation of the criminal laws of the State;
2. If the notice of unauthorized use alleges a violation of any ordinance pertaining to a parking meter, such meter was mechanically malfunctioning to the extent that its reliability is questionable;
3. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property;
4. Parking notices for overtime parking at a meter or in a time restricted zone received by a City employee or guest while on official Salt Lake City business will be dismissed upon written request from the applicable Department Director or designee on official letterhead or by electronic mail. The request must be made within ten (10) days of receipt of the notice and must include a brief description of the reason for the request, and be submitted to: Salt Lake City Corporation, Traffic Manager, 333 South 200 East, P.O. Box 145499, Salt Lake City, UT 84114-5499. Parking violations other than overtime parking and meter violations will not be dismissed in this manner;
5. Unlimited time parking by employees of other governmental entities on official business will be allowed at City meters and time restricted locations. In order to qualify, the vehicle must display a placard or sticker issued by Salt Lake City Parking Enforcement or the vehicle's license plate must be registered with Salt Lake City Parking Enforcement for enrollment in any license plate recognition system used to regulate parking enforcement. Requests for placards must include a brief description of the reason for the request and be submitted to: Salt Lake City Parking Enforcement, P.O. Box 145552, Salt Lake City, UT 84114-5552. Requests for dismissals of other parking violations will be considered and should be submitted to: Salt Lake City Corporation, Traffic Manager, 333 South 200 East, P.O. Box 145499, Salt Lake City, UT 84114-5499;
6. If the Hearing Officer finds that the owner of the vehicle is deceased but was living when the ticket was issued;
7. If the Hearing Officer finds that the vehicle was sold with the original license plates on, and the ticket was received prior to the sale, provided the sale is reported to the DMV and the bill of sale is provided within twenty (20) days of receipt of the parking notice.
F. If the Hearing Officer finds that an unauthorized use occurred but one or more of the defenses set forth in this section is applicable, the Hearing Officer may reduce the penalty associated therewith, but in no event shall such penalty be reduced below the sum of ten dollars ($10.00). Such defenses are:
1. At the time of receipt of the notice, possession of the subject vehicle had been acquired by another party pursuant to a written lease agreement or similar written agreement;
2. The subject vehicle was mechanically incapable of being moved from such location; provided, however, such defense shall not apply to any vehicle which remains at such location in excess of six (6) hours;
3. Any markings, signs or other indicia of parking use regulation were not clearly visible or comprehensible;
4. At the time of the notice of violation a responsible person receiving such notice of violation had, but failed to properly display, a special disability group license plate or placard that was valid and relevant to the notice of violation. However, a Hearing Officer may not reduce the associated civil penalty below the minimum penalty amount set forth in Utah Code section 41-1a-1306, or its successor section;
5. At the time of the notice of violation a residential parking permit was valid but not properly displayed;
6. Such other mitigating circumstances as the Hearing Officer may find, with the written approval of the court's Traffic Manager, which must include the basis for the decision. A report on such decisions is to be provided to the Mayor and City Council on a quarterly basis.
G. If the Hearing Officer finds that an unauthorized use occurred and no applicable defense exists, the Hearing Officer may, in the interest of justice and on behalf of the City, enter into an agreement for the timely or periodic payment of the applicable penalty.
H. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days from the receipt of notice, or ten (10) days from such date as may have been agreed to by the Hearing Officer, the City may use such lawful means as are available to collect such penalty, including costs and attorney fees. (Ord. 9-17, 2017)