The Mayor of the city shall appoint citizens of to act as the Appeals Hearing Board for purposes of parking violations under the following terms, rules and regulations.
(A) The Board shall consist of five members, all over the age of 18 years, each of which shall be appointed by the Mayor with the approval of the City Council with said appointments to be made in the regular sessions of the City Council. Upon being selected, the five members shall then elect one of their members to serve as Chairperson with each member being appointed to serve a three-year term.
(B) It takes a minimum of three members of the Board to constitute a quorum and a majority of that quorum to make a decision for the Board. Each member shall have the right to make motions, second motions and vote on each item before it; however, the Chairperson shall not be able to make motions or second motions and shall vote only in the event of a tie or when his or her vote is necessary to constitute a quorum.
(C) The Appeals Board will meet on a semi-annual basis at the City Hall with the time and date of said meetings to be decided by the Board or as often as may be necessary to comply with the requirements of KRS 82.620, a copy of which is attached to the ordinance codified herein and incorporated herein by reference.
(D) The person appealing the parking violation shall at the time of filing the appeal pay the sum of $25 per citation appealed to the city as a filing fee and to defray the administrative costs associated with the administration of parking violations and their subsequent appeal. No appeal shall be accepted, effective or filed until the filing fee has been paid in full.
(E) The person appealing the parking violation shall be present in person and may have counsel present with him or her and shall testify under oath as to the facts and circumstances which he or she believes justify his or her position. He or she is further entitled to call witnesses to testify on his or her behalf who also shall testify under oath. Failure of the person appealing to appear shall be governed by KRS 82.620.
(F) The hearing will be recorded by the Chairperson by an audio recording device and the permanent taped record shall be maintained by the City Clerk for a period of one year or so long as legal action through appeals may be ongoing regarding a particular item.
(G) All Board members, including the Chairperson, shall serve without compensation.
(H) Any vacancy on the Board shall be filled by the Mayor with approval by the Council within 60 days.
(I) The officer who issued the citation is not required to appear and, if he or she does not appear, then the parking citation, or other written report made under oath by the issuing officer, in lieu of the personal appearance of the issuing officer, shall be considered by the Appeal Board.
(J) The order of proof to be utilized in these hearings shall be that the city shall first present its side of the case, either by and through the testimony of the issuing officer and possibly other witnesses or by presentation of the sworn statement from the officer and/or the parking citation. At that time, the appellant and his or her witnesses shall be allowed to testify with rebuttal, if any, to be offered by the city. At the conclusion, the Appeals Board shall retire for confidential deliberations, off the record, for the purpose of determining the outcome of each appeal independently.
(K) After consideration of the evidence by the Appeals Hearing Board, and where it has not been established that the violation was committed, an order dismissing the citation shall be entered and the $25 appeal filing fee previously paid by the appellant shall be returned to him or her.
(K) Further in all other respects KRS 82.620 shall control all time periods with respect to the appeals process.
(L) All moneys paid for parking violations and their appeals will go into the General Fund of the city.
(Ord. 422-94, passed 12-5-1994; Ord. 17-19, passed 1-6-2020)