The system of administrative adjudication of vehicular standing, parking or compliance regulation violations shall be in accordance with the following procedures:
(A) Violation notice. Vehicular standing, parking or compliance regulation violation notices shall be issued by the persons authorized herein and shall contain information and shall be served, certificated and have evidentiary admissibility as is hereinafter set forth.
(B) Authorization. All full-time, part-time and auxiliary police officers as well as other specifically appointed individuals shall have the authority to issue vehicular standing, parking or compliance regulation violation notices.
(C) Detection of violations. Any individual authorized hereby to issue vehicular standing, parking or compliance regulation violation notices and who detects a violation of any section of this code restricting, regulating or prohibiting the standing, parking or compliance of motor vehicles, shall issue a notice of violation thereof and shall make service thereof as is hereinafter set forth.
(D) The vehicular standing, parking or compliance regulation "Hang-On Violation Notice" shall contain, but shall not be limited to, the following information:
(1) The date, time and place of the violation (date of issuance).
(2) The particular vehicular standing, parking or compliance regulation violated.
(3) Vehicle make and state registration number.
(4) The fine and any penalty which may be assessed for late payment.
(5) The signature and identification number of the person issuing the notice.
(6) A section entitled "Request for Hearing" which shall clearly set forth that the registered owner, operator or lessee may appear at the initial administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the "Hang-On Violation Notice" by:
(a) Checking or placing a mark in a space provided and clearly identified, "Request for Hearing."
(b) Placing his/her name and current address in the place provided.
(c) Signing his/her name in the appropriate indicated place.
(d) Filing the "Hang-On Violation Notice," with the "Request for Hearing" portion fully completed, with the Traffic Compliance Administrator postmarked by the twenty-fifth of the month, if the violation notice was issued between the first through the fifteenth day of the month, or postmarked by the tenth of the month, if the violation notice was issued between the sixteenth and the end of the month. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(7) The date, time and place of an administrative hearing at which the violation may be contested on its merits.
(8) That payment of the indicated fine and any late payment penalty shall operate as a final disposition.
(9) A section entitled, "Non-Resident Request for Hearing - Non-Appearance", which clearly sets forth that a nonresident registered owner, operator or lessee may appear at the initial administrative hearing to contest the validity of the violation notice without personally appearing by:
(a) Checking or placing a mark in a space provided and clearly identified, "Non-Resident Request for Hearing - Non-appearance."
(b) Placing his/her name and current address in the place provided.
(c) Signing has/her name in the appropriate indicated place.
(d) Filing the violation notice with the "NonResident Request for Hearing" portion fully completed, with the Traffic Compliance Administrator postmarked by the twenty-fifth of the month, if the violation notice was issued between the first through the fifteenth day of the month, or postmarked by the tenth of the following month, if the violation notice was issued between the sixteenth and the end of the month.
(e) Filing a notarized statement of facts, specifying the grounds for challenging the violation notice, with the Traffic Compliance Administrator postmarked by the twenty-fifth of the month, if the violation notice was issued between the first through the fifteenth day of the month, or postmarked by the tenth of the following month, if the violation notice was issued between the sixteenth and the end of the month.
(f) A clearly marked statement that execution of the "Non-Resident Request for Hearing" is a waiver of the nonresident's right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the nonresident and the facts contained in the violation notice.
(E) Service of the vehicular standing, parking or compliance regulation violation notice shall be made by the person issuing such notice by:
(1) Affixing the original or a facsimile of the notice to the offending vehicle, or
(2) Handing the notice to the registered owner, operator or lessee of the vehicle, if present.
(F) The correctness of facts contained in the vehicular, standing, parking or compliance regulation violation notice shall be certified by the person issuing that notice by:
(1) Signing his/her name to the notice at the time of issuance, or
(2) In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the Traffic Compliance Administrator, attesting to the correctness of all notices produced by the device while under his/her control.
(G) The original or a facsimile of the vehicular standing, parking or compliance regulation violation notices shall be retained by the Traffic Compliance Administrator and kept as a record in the ordinary course of business.
(H) Prima facia evidence of correctness. Any vehicular standing, parking or compliance regulation violation notice issued, signed and served in accordance herewith, or a copy of the notice, shall, pursuant to statute, be deemed prima facia correct and shall be prima facia evidence of the correctness of the facts shown on the notice.
(I) Admissibility. The vehicular standing, parking or compliance regulation violation notices shall be admissible in any subsequent administrative or legal proceeding.
(Ord. 93-0-006, passed 2-2-93; Am. Ord. 2002-O-026, passed 4-23-02)