[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Editor's Note: This ordinance also repealed former Art.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.
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.
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.
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.
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.
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.
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.
