Chapter 1244 of the 1992 State Statutes has decriminalized parking violations by providing that pursuant to Vehicle Code Section 40200(a) all local or State laws shall treat parking violations as a civil violation. Vehicle Code Section 40215(b) further provides that the processing agency shall establish a written procedure for administrative reviews to be conducted where a violator has requested an appeal of the issuance of a parking citation.
(2282 § 1, 1993; 2804 § 1, 2011)
A. 
Parking violations subject to civil penalty. Notwithstanding any other provision of the Code to the contrary, all parking violations are deemed to be a civil violation subject to a penalty pursuant to Vehicle Code Section 40200(a). A schedule of parking violation fines shall be adopted by City Council resolution.
B. 
Administrative responsibility. The City Manager or his or her designee shall be responsible for the administration of administrative reviews with respect to parking citations. The City Manager or his or her designee shall adopt specific administrative rules implementing Chapter 1244 of the 1992 Statutes.
C. 
Primary rules governing administrative reviews.
1. 
Initial review. A violator shall have a right to contest a notice of parking violation or a notice of delinquent parking violation. The City Manager or his or her designee shall conduct an initial investigation to determine whether the violation occurred or that the registered owner was not responsible for the violation pursuant to Vehicle Code Section 40215(a).
2. 
Administrative review process. If the City Manager or his or her designee determines that the violation has occurred, the violator shall then have a right to a formal appeal pursuant to Vehicle Code Section 40215(b).
3. 
The administrative review procedure shall consist of the following minimum requirements:
a. 
The person requesting the administrative review shall indicate whether the appeal review is to be conducted by mail or personal conference.
b. 
A minor may appear at the hearing without the necessity of the appointment of a guardian.
4. 
Hearing office qualifications. The City Manager shall appoint a hearing officer. The City Manager shall ensure that the hearing officer has the qualification, training, and objectivity to conduct an impartial administrative hearing.
5. 
Required evidence. The City shall not be required to produce any evidence other than the notice of parking violation or copy thereof together with information received from the Department of Motor Vehicles identifying the registered owner of the vehicle.
(2282 § 1, 1993; 2804 § 1, 2011)