(A) Administrative appeal procedure.
(1) Any operator or owner of a vehicle that has received a parking ticket, pursuant to § 70.60 of this code, may submit to the Traffic Authority a written request for administrative appeal of the issuance of the ticket within a designated appeal period of not more than 14 days from the date of the ticket.
(2) The Traffic Authority shall establish and publish notices indicating the procedures to request administrative appeal under division (A)(1) above and shall cause notice of appeal rights to be printed on each ticket issued.
(3) Payment of the fine and any penalty shall be stayed pending the administrative appeal. Payment of the fine and any penalty shall be made within 14 days of mailing of finding of the administrative appeal; unless, a finding was made in favor of the appellant or if the appellant has elected to proceed hereunder.
(4) Any person who has requested an administrative appeal pursuant to division (A) above shall be notified, in writing, of the finding relative to the appeal within 45 days of the issuance of the ticket. If the appellant is dissatisfied with the finding, the appellant may, in accordance with division (B) below, request a formal hearing by submitting a written request to the Chief of Police or his designee within 14 days of the finding of the administrative appeal.
(5) If a finding was made in favor of the appellant, the finding shall be certified to the Police Department and the record of the ticket shall be removed from the files of the city.
(B) Formal hearing appeal procedure.
(1) Appointment of Hearing Officers. The Mayor shall appoint one or more Parking Violations Hearing Officers (the "Hearing Officer"). The Hearing Officers shall not be employees of the Police Department or those agencies or departments which administer any aspect of traffic maintenance, parking, engineering or enforcement. The Hearing Officers shall serve for a term of two years.
(2) Power of the Hearing Officers. The Hearing Officers shall be empowered to hear appeals from the issuance of tickets for violations of this chapter.
(3) Subject matter of hearings. Any person or owner of a vehicle ticketed pursuant to § 70.60 may, within 14 days of any of the following events, request a formal hearing before a Hearing Officer:
(a) Issuance of a parking violation ticket;
(b) Issuance of adverse findings in an administrative appeal; and
(c) First issuance of notice of delinquency of parking ticket.
(4) Applicable fines and penalties. A person requesting the formal hearing appeal shall be subject only to fines and penalties which are in effect at the date of request of hearing.
(5) Procedures in accordance with Conn. Gen. Stat. § 7-152b. The hearing procedure shall comply with Conn. Gen. Stat. § 7-152b.
(6) Notice. In scheduling formal appeal hearings, an appellant shall be notified by mail of the place and time of the hearing. The notice shall be provided at least 15 days, but not more than 30 days, prior to the scheduled hearing date.
(7) Informal hearing. The procedure for the hearing shall be informal as to the rules of evidence, but testimony shall be taken under oath or affirmation.
(8) Standard of proof. In considering an appeal, the standard of proof shall be preponderance of the evidence. The Hearing Officer may consider all relevant facts and circumstances and may require personal appearance of the appellant and issuing officer. Evidence and testimony must be presented at the time of the hearing; no other testimony or evidence shall be considered. The appellant may require the presence of the issuing officer at the formal hearing if the request is made via certified mail and received by the Police Department at least five business days before the date of the formal hearing.
(9) Ruling for the appellant. Should the Hearing Officer find in favor of the appellant, the Hearing Officer shall so certify to the Police Department and the record of the citation shall be removed from the files of the city.
(10) Ruling for the city. Should the Hearing Officer find the issuance of the ticket proper, the Hearing Officer shall so certify to the Police Department and shall assess the total amount due on the ticket(s) at the time that the hearing was requested ("assessment"). No further appeal under this section shall be considered, either administrative or formal.
(11) Failure to appear. If the person fails to appear, the Hearing Officer may enter an assessment by default against him upon a finding of proper notice and liability under the applicable statutes or ordinances.
(12) Judicial review. A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of notice of the assessment or such other time as may be provided by Conn. Gen. Stat. § 7-152b.
(13) Assessment entered as judgment. In accordance with Conn. Gen. Stat. § 7-152b, if the assessment is not paid on the date of its entry, the Hearing Officer shall send by first class mail a notice of the assessment to the person found liable and shall file, not less than 30 days, nor more than 12 months, after the mailing, a certified copy of the notice of assessment with the clerk of a superior court facility designated by the Chief Court Administrator together with an entry fee as set forth in the schedule of fines, charges, penalties and rewards attached to the annual budget of the city, pursuant to § 41.11 of this code. The certified copy of the notice of assessment shall constitute a record of assessment. Within the 12-month period, assessments against the same person may be accrued and filed as one record of assessment. The clerk shall enter judgment, in the amount of the record of assessment and court costs of $8, against such person in favor of the city. Notwithstanding any provision of the general statutes, the Hearing Officer’s assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on the judgment may issue without further notice to the person. In this respect the city may proceed to enforce the assessment using any and all legal means to collect fines and penalties due, including, but not limited to:
(a) Use of a collection agency;
(b) Civil proceedings;
(c) Issuance of a state infraction;
(d) Vehicle impoundment; or
(e) Withholding registration renewal, pursuant to Conn. Gen. Stat. § 14-33.
(14) Finding of liability. In any instance where the city can determine the owner of the motor vehicle received the original notice of violation issued by a police officer or other issuing authority, and the owner failed to contest the violation within the time prescribed by ordinance, the Hearing Officer shall assess a finding of liability by default, no hearing notice to the owner shall be required, and the provisions of division (B)(12) above shall apply.
(Ord. passed 5-24-2004; Ord. passed 8-19-2013)