City of Easton, PA Article XIIA Parking Ticket Appeal Process

[Added 6-10-2015 by Ord. No. 5496[1]]

[1] Editor's Note: This ordinance also repealed former Art. XIIA, Parking Ticket Appeal Process, added 6-10-2015 by Ord. No. 5496.

§ 560-80.1 Submission of written appeal.

A. A parking ticket will include a notice to inform the owner/driver of the vehicle ("owner") how the owner may submit, in writing, an appeal setting forth the reason or reasons why the owner believes the parking ticket issued by the City of Easton is in error.

B. Such written appeal shall be filed with the Easton Police Department within 14 days of the date of issuance of the parking ticket.

§ 560-80.2 Review of written appeal; notification of decision.

A. Within seven days of the receipt of the written appeal, the Parking Enforcement Supervisor of the Easton Police Department shall review the written appeal.

B. In the event the appeal is denied by the Parking Enforcement Supervisor, the written appeal shall be submitted automatically to the Lieutenant of Records and Traffic (hereinafter referred to as "Lieutenant") for a determination and written disposition of the appeal to the owner, provided that the owner filed a written appeal within 14 days of the receipt of the parking ticket. If the appeal is denied by the Lieutenant, the owner shall receive a written decision.

C. The decision of the Lieutenant shall be sent to the owner by certified mail, return receipt requested. If the certified letter is returned to the City as a result of the owner not updating a current address with the Department of Transportation, this shall not be cause to extend the appeal time limits.

§ 560-80.3 Appeal of determination; hearing; decision of Tribunal.

A. The written determination by the Lieutenant shall be sent to the address of the owner on the parking ticket and shall provide the owner a notice of the right to appeal to the independent hearing tribunal, the Easton Parking Authority, (hereinafter referred to as "Tribunal") within 30 days of the date of the determination pursuant to Chapter 560 of the Codified Ordinances of the City of Easton.

B. Hearings before the Tribunal shall be conducted in accordance with the Local Agency Law, 2 Pa. C.S.A. § 551 et seq. The owner may be represented by legal counsel in any proceedings before the Tribunal. If the owner desires that all testimony be stenographically recorded and a full and complete record of the proceedings before the Tribunal be kept, at the same time as the filing of the appeal to the hearing Tribunal's decision, a fee, as may be set forth in the fee schedule of the City of Easton, shall be paid to perfect such appeal in order to cover the cost of the desired stenographic record. The Tribunal may elect, at its expense, to have all testimony be stenographically recorded and a full and complete record of any proceedings to be kept.

C. The Tribunal shall render a decision by a majority vote of the members of the Tribunal present at a duly constituted meeting of the Tribunal. A written decision of the hearing Tribunal shall notify the owner of his or her right to appeal the decision to the Court of Common Pleas of Northampton County and must be sent to the owner and the City of Easton Police Department within 30 days of the hearing date. If an even number of Tribunal members are present and the appeal decision vote is tied, i.e., two ayes and two nays, the appeal shall be deemed denied. If the certified letter containing the decision of the Tribunal is returned to the Tribunal or to the City as a result of owner not updating a current address with the Department of Transportation, this shall not be cause to extend the appeal time limits to the Court of Common Pleas of Northampton County.

D. In the event the appeal is denied by the Tribunal, the Tribunal shall direct the owner, in writing, to make payment to the City of Easton Finance Department.

E. In the event the appeal is successful, the Tribunal shall direct the Easton Police Department, in writing, that the parking ticket be voided from the parking ticket system.

F. In the event the owner disagrees with the decision of the hearing Tribunal, the owner may appeal to the Court of Common/Pleas of Northampton County within 30 days of the date of the written decision pursuant to the Pennsylvania Local Agency Law, 2 Pa. C.S.A. § 551 et seq.

§ 560-80.4 Late filing of appeals.

A. Any appeal which is not filed within the appeal period with the Easton Police Department or the Tribunal (as applicable) shall be deemed denied except for good cause shown on written application. In the case of appeals to the Easton Police Department, a determination of good cause shall be approved or denied by the Lieutenant, and in his absence the PEO Supervisor.

B. In the case of appeals to the Tribunal, the determination of good cause shall be approved or denied by a decision of a majority vote of the members of the Tribunal present at a duly constituted meeting of the Tribunal. No written determination shall be required in connection with the determination of good cause either by the Easton Police Department or the Tribunal.

§ 560-80.5 Fines.

During the appeal process, the amount of the fine shall not exceed the amount due and owing on the date of the issuance of the original ticket. In the event the final appeal to the Court of Common Pleas Northampton County is denied, the owner shall thereafter from the date judgment is entered be assessed interest, costs and penalties as may be set forth pursuant to the schedule of fees of the Codified Ordinances of the City of Easton.

§ 560-80.6 Responsibility for costs.

Any and all costs associated with the filing of an appeal in the Court of Common Pleas of Northampton County shall be the responsibility of the person or entity filing said appeal.