The system of administrative adjudication of vehicular standing, parking, and compliance regulation violations shall be in accordance with the following procedures. Final determinations of vehicular standing, parking, and compliance regulation violation(s) liability, validity of notice of impending impoundment and collections shall be made only in accordance with the provisions set forth below:
A. Nonmoving Traffic Violation Notice: Vehicular standing, parking, and compliance regulation violations notice(s) ("nonmoving traffic violation notice(s)") shall be issued by the person(s) authorized herein and shall contain information and shall be served, certified and have evidentiary admissibility as is hereinafter set forth.
B. Authorization: All full time, part time, and auxiliary police and community service officers, as well as other specifically appointed individuals, shall have the authority to issue nonmoving traffic violation notices.
C. Detection Of Nonmoving Traffic Violations: Any individual authorized herein to issue violation notices and who detects a nonmoving traffic violation of any section of any applicable city ordinance, shall issue a notice of nonmoving traffic violation thereof and shall make service thereof as hereinafter set forth.
D. Contents Of Nonmoving Traffic Violation Notice: The nonmoving traffic 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. Either the vehicle make and state registration number or the license number of the vehicle.
4. The fine and any penalty which may be assessed for late payment prior to the hearing date.
5. The signature and identification number of the person issuing the notice.
6. That payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation.
E. Service: Service of violation(s) notice(s) shall be made by the person issuing such notice by:
1. Affixing the original or a facsimile of the notice to an unlawfully standing or parked or noncomplying vehicle, or
2. Handing the notice to the registered owner, operator or lessee of the vehicle, if present.
F. Certification: The correctness of facts contained in the vehicular standing, parking, or compliance regulation violation notice(s) shall be certified by the person issuing said notice by:
1. Signing his/her name to the notice(s) at the time of service, 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. Record Of Notice: The original or a digital file of the violations notice(s) shall be retained by the traffic compliance administrator and kept as a record in the ordinary course of business.
H. Prima Facie Evidence Of Correctness: Any violations notice(s) issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice.
I. Admissibility: The violations notice(s) or a copy(ies) shall be admissible in any subsequent administrative or legal proceeding.
J. Hearing Date: The traffic compliance administrator shall schedule a date for the hearing and shall provide written notice of the hearing date to the registered owner or lessee of the vehicle who has requested the hearing.
K. Final Notice: If the registered owner or lessee of the vehicle either fails to attend the hearing or fails to pay the fine, the traffic compliance administrator shall send a final parking/code violation notice to the registered owner or lessee of the vehicle as provided in section 9-2-5 of this chapter. (Ord. 2742, 9-17-2012; amd. Ord. O2022-47, 12-5-2022)