(A) Any person cited for a parking violation, or a failure to purchase or display a city tag on an automobile parked in the City of Southgate may contest the violation by requesting in writing a hearing before a Hearing Board hearing officer. The hearing shall be held no later than 14 days from the date of receipt of the request, unless prior to the hearing the person requesting the hearing requests an extension of time, not to exceed 14 days. No less than seven days prior to the date set for the hearing, the Hearing Board or the hearing officer shall send notice to the registered owner of the vehicle appealing the violation of the date, time, and place of the hearing through regular U.S. Mail, or e-mail, or any other recognized delivery medium. Any person requesting a hearing who fails to appear at the time and place set for the hearing shall be deemed to be guilty of the violation, and shall not have any further rights to appeal.
(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that the violation was committed, an order dismissing the citation shall be entered, and all civil penalties shall be withdrawn and held for naught. Where it has been established that a violation was committed the Hearing Board shall uphold the citation and order the owner to pay the citation within seven days. A copy of the order shall be furnished to the owner. Any person ordered to pay the fine who fails to do so within seven days shall be deemed to have refused to pay the fine levied by the citation.
(C) All persons appearing before the hearing officer shall be sworn in by an officer of the court or any notary public. The hearing officer may consider the citation, and any other written report made under oath by the officer in lieu of the officer’s personal appearance at the hearing. At the conclusion of the hearing, the hearing officer shall announce his or her decision and cause that decision to be in writing and distributed to the appellant, with a copy of the decision, and the record on appeal being maintained in the office of the City Clerk. The hearing officer’s decision is the final action of the Hearing Board.
(D) An appeal of the hearing officer’s determination may be made to the Campbell County District Court within seven days 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 decision, and the appeal record 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 appellant. If the court finds that a violation occurred, the owner shall be ordered to pay all fines, fees, and penalties, occurring as of the date of the judgment. If the court finds that a violation did not occur, the city shall be ordered to dismiss the citation and the plaintiff shall be authorized to recover his or her costs. (KRS 82.620)
(E) The judgment of the District Court may be appealed to the Circuit Court in accordance with the Rules of Civil Procedure. (KRS 82.620).
(1993 Code, § 43.04) (Ord. 14-05, passed 8-20-2014) Penalty, see § 70.99