72.92(A) File appeal. Any wishing to contest a parking violation citation may appeal such citation by making a written request for an administrative hearing to the Clerk of the Courts of Broward County within ten working days of the date the citation was issued.
72.92(B) Hearing date. The Clerk of the Courts of Broward County shall set the hearing within 60 calendar days of the date the citation was issued, giving the issued the citation at least seven working days’ advance notice of the date of the hearing, such days excluding Saturday, Sunday and legal holidays. The notice shall be sent by regular mail to the address of the registered
of the vehicle or, in the event that the driver of the vehicle is not the
, the driver’s address if the driver requests a hearing.
72.92(C) Powers.
72.92(C)(1) The
issued the citation may:
72.92(C)(1)(a) Be represented by counsel;
72.92(C)(1)(b) Call and examine witnesses;
72.92(C)(1)(c) Introduce exhibits;
72.92(C)(1)(d) Examine opposing witnesses on any relevant matter; and
72.92(C)(1)(e) Impeach any witness.
72.92(C)(2) Process for hearings. All hearings shall be conducted, insofar as practical, in accordance with the Florida Rules of Civil Procedure and the Florida Evidence Code. However, the general nature of the hearing shall be conducted in an informal manner. All irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonable and prudent in the conduct of their affairs shall be admissible, whether or not such evidence may be received in written form, and all testimony of parties and witnesses shall be made under
. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but it shall not be sufficient to itself support a finding, unless it would be admissible over objections in civil actions. Any interested party or may make application and upon good cause shown may be allowed by the hearing , in the reasonable exercise of such ’s discretion, to intervene in a pending proceeding.
72.92(D) Non-resident contest citation. Any who receives a parking citation may contest the citation in writing. Such must submit a written request to contest the citation by mail, accompanied by all evidence upon which the relies, within ten working days of the date the citation was issued. The written request to contest the citation by mail and evidence must be sent to the Clerk of the Courts of Broward County. The Clerk of the Courts of Broward County shall present the case to a hearing within 60 calendar days of the date the citation was issued. The evidence presented must include a notarized statement by the cited, which statement must identify the citation at issue by its number and date of issuance, must set forth the name and correct address of the cited and may contain argument in defense against the citation. The hearing officer will not consider any statement that is not notarized. The evidence submitted may include notarized statements of the witnesses. Such statements must include the name and address of each witness as well as the basis of the witness’ knowledge about the facts asserted in the statement. The evidence submitted may also include such documents that are relevant and material to the disposition of the citation. All evidence submitted is subject to the evidentiary rules set forth above.
72.92(E) Orders. Pursuant to Florida law, any who elects to appear before a hearing , or to contest a citation by mail, shall be deemed to have waived the right to pay the civil penalty amount set forth on the citation. The hearing or consideration of mailed-in admissible evidence will be decided within 30 calendar days after the request for hearing was made or the evidence to be considered was received. After a hearing or consideration of mailed-in admissible evidence, the hearing shall make a determination based on the greater weight of the evidence as to whether a parking violation has been committed and shall issue an order imposing a civil penalty of $257.00 for any violation of a disabled parking
or ordinance or a civil penalty not to exceed $100.00 for a violation of any other parking ordinance or violation of
, in addition to applicable late fees. The hearing officer may grant additional time to pay the civil penalty amount and late fees; otherwise such fines are due and payable within ten working days from the date the order of the hearing officer was issued. All orders shall be in writing and shall be signed and dated by the hearing officer. If, at the conclusion of the hearing, or consideration of mailed-in admissible evidence, the hearing officer orders a dismissal of the citation because no violation was found, the hearing officer shall so state and issue an order of dismissal in writing signed and dated by the hearing officer, which shall contain findings of the facts supporting the order. A copy of such order will be forwarded to the alleged violator. An order of the hearing officer may be appealed by the filing of a petition of a writ of certiorari in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County by any party receiving an adverse ruling within 30 calendar days from the date the order was issued.
(Ord. 2010-14, passed 10-4-2010)