(a) When a person is personally or constructively served with a parking ticket charging the commission of a parking infraction or who receives a notification of infraction and in that person’s answer to the charge denies that he/she committed or is responsible for the infraction, the Parking Violations Bureau shall conduct a review and/or hearing to determine if the person committed or is responsible for the parking infraction. Each review or hearing shall be conducted by a hearing examiner of the parking violations bureau. Each review or hearing shall be conducted in such manner as the hearing examiner considers appropriate. Rules regarding the admissibility of evidence shall not be strictly applied in the hearing, but all testimony shall be under oath.
(1) At the hearing, the City of Strongsville has the burden of proving, by a preponderance of the evidence, that the person for whom the hearing is being conducted committed or is responsible for the parking infraction. If the person, in his/her answer, denied that he/she committed the parking infraction and requested the presence at the hearing of the law enforcement officer who issued the parking ticket, the officer shall be required to attend the hearing unless the hearing examiner determines that the officer's presence is not required. If the officer's presence at the hearing has been requested and the officer is unable to attend the hearing on the day and at the time scheduled, the hearing examiner may grant a reasonable continuance. The person for whom the hearing is being conducted may present any relevant evidence and testimony at the hearing. The person does not have to attend the hearing if he/she submits documentary evidence to the hearing examiner prior to the day of the hearing.
(2) The City of Strongsville shall submit the original or a true copy of the parking ticket that was personally or constructively served on the person, and any information from the bureau of motor vehicles that identifies the owner of the vehicle. The ticket and the information in proper form is prima-facie evidence that the registered owner of the vehicle was the person who committed the parking infraction. The City of Strongsville may present additional evidence and testimony at the hearing. The City of Strongsville does not have to be represented at the hearing by an attorney.
(b) (1) If a person for whom a review or hearing is to be conducted under paragraph (a) of this section appears at the scheduled hearing or submits evidence, the hearing examiner shall consider all evidence and testimony presented and shall determine whether the City of Strongsville has established, by a preponderance of the evidence, that the person committed or is responsible for the parking infraction. If the hearing examiner determines that the person committed or is responsible for the infraction, an order indicating the determination as a judgment against the person(s) and requiring the person(s) to pay the appropriate fine and any additional penalties shall be entered in the records of the Parking Violations Bureau.
(2) If a person for whom a hearing is to be conducted under paragraph (a) of this section fails to appear at the scheduled hearing and fails to submit evidence, the hearing examiner shall, if he determines from any evidence and/or testimony presented at the hearing, by a preponderance of the evidence, that the person(s) committed or is responsible for the parking infraction, enter a default judgment against the person(s) and require the person(s) to pay the appropriate fine and any additional penalties. A default judgment entered under this division shall be entered in the records of the Parking Violations Bureau.
(3) If a person who is sent a notification of infraction pursuant to C.O. §450.06 does not timely answer, as provided in paragraphs (c) or (d) thereof, the hearing examiner of the parking violations bureau shall, if he determines from any evidence and/or testimony presented to him by the local authority, by a preponderance of the evidence, that the person committed the parking infraction, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties. A default judgment entered under this Section shall be entered in the records of the Parking Violations Bureau.
(4) If the hearing examiner does not determine, by a preponderance of the evidence, that a person in any of the classes described in division (b) (1), (2), or (3) of this section committed or is responsible for the parking infraction, the hearing examiner shall enter judgment against the City of Strongsville whose ordinance, resolution, or regulation allegedly was violated, shall dismiss the charge of the parking infraction against the person, and shall enter the judgment and dismissal in the records of the Traffic Violations Bureau.
(5) A default judgment entered under this section may be vacated by the hearing examiner who entered it if all of the following apply:
A. The person against whom the default judgment was entered files a motion to vacate with the Parking Violations Bureau within one year of the date of entry of the judgment;
B. The motion sets forth a sufficient defense to the parking infraction out of which the judgment arose; and
C. The motion sets forth excusable neglect as to the person's failure to attend the hearing or answer the notification of infraction.
(c) Payment of any judgment or default judgment entered against a person pursuant to this section shall be made to the Violations Clerk within ten days of the date of entry. If payment is not made within the required time period, the judgment or default judgment may be filed with the Clerk of the Berea Municipal Court, and when so filed, shall have the same force and effect as a money judgment in a civil action rendered in that court.
Judgments and default judgments filed with a court pursuant to this division shall be maintained in a separate index and judgment roll from other judgments rendered in the court. Computer printouts, microfilm, microdot, microfiche, or other similar data recording techniques may be utilized to record such judgments. When a judgment or default judgment is filed with the court, execution may be levied, and such other measures may be taken for its collection as are authorized for the collection of an unpaid money judgment in a civil action rendered in that court. The Berea Municipal Court may assess costs against the judgment debtor, in an amount not exceeding ten dollars ($10.00) for each parking infraction, to be paid upon satisfaction of the judgment.
(d) Any person against whom a judgment or default judgment is entered pursuant to this section and any local authority against whom a judgment is entered pursuant to this section may appeal the judgment or default judgment to the Berea Municipal Court by filing notices of appeal with the parking violations bureau and the Berea Municipal Court within fifteen (15) days of the date of entry of the judgment and by the payment of such reasonable costs as the Berea Municipal Court requires. Upon the filing of an appeal, the Berea Municipal Court shall schedule a hearing date and notify the City and the parties of the date, time, and place of the hearing. The hearing shall be held by the Berea Municipal Court in accordance with the rules of the Berea Municipal Court. Service of a notice of appeal under this division by a person does not stay enforcement and collection of the judgment or default judgment from which appeal is taken by the person unless the person who files the appeal posts bond with the parking violations bureau in the amount of the judgment, plus court costs, at or before service of the notice of appeal.
Notwithstanding any other provision of law, the judgment on appeal of the Berea Municipal Court is final, and no other appeal of the judgment of the parking violations bureau and no appeal of the judgment of the Berea Municipal Court may be taken.
(e) A judgment or default judgment entered pursuant to this section may be filed with the Berea Municipal Court or any other court of record under paragraph (c) of this section at any time within three years after the date of issuance of the parking ticket charging the parking infraction out of which the judgment arose. This division applies to any ticket issued for an offense that would be a parking infraction on or after the effective date of this section.
(Ord. 2016-241. Passed 12-19-16.)