This chapter shall be known as the "Parking Citation Processing
Ordinance of the City of Napa."
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Except where the context otherwise requires, the definitions
provided in this section shall govern the construction of this chapter.
"Agency"
means the processing agency as defined herein.
"City"
shall at all times refer to the City of Napa.
"Contestant"
means any operator or registered owner as defined in this
section who contests a parking citation.
"Hearing Examiner"
means any individual selected by the city, or if the city
elects to contract for parking citation processing services, that
individual selected by the processing agency authorized to administratively
adjudicate parking citation contests.
"Issuing agency"
means the city or its authorized agent that issues parking
citations.
"Issuing officer"
means a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title
3 of the California
Penal Code, or the successor statutes thereto, or other issuing officer who is authorized to issue a parking citation.
"Operator"
means any individual driving and/or in possession of a vehicle
at the time a citation is issued or the registered owner.
"Parking citation"
means a notice that is personally given or mailed to the
operator, or attached to the operator's vehicle, informing the operator
of a parking, equipment and/or other vehicle violation and the operator's
right to elect to pay the fine for the violation or contest the citation.
"Parking penalty"
includes, but is not limited to, the parking penalty for
the particular violation, as well as late payment penalties, administrative
fees, assessments, costs of collection as provided by law, and other
related fees.
"Processing agency"
means the city or its authorized agent that processes parking
citations and issues notices of delinquent parking violations on behalf
of the city.
"Registered owner"
means the individual or entity whose name is recorded with
the Department of Motor Vehicles as having ownership of a particular
vehicle.
"Vehicle"
means any self-propelled vehicle operated or suitable for
operation on a highway.
"Violation"
means any parking, equipment or other vehicle violation as
established pursuant to state law or local ordinance.
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The city may issue and/or process parking citations and notices
of delinquent parking violations, or it may enter into a contract
with a private parking citation processing agency, or with another
city, county, or other public issuing or processing agency.
Any contract entered into pursuant to this section shall provide for monthly distribution of amounts collected between the parties, except amounts payable to the county pursuant to Chapter 12 (commencing with Section 76000) of Title
8 of the California
Government Code, or the successor statutes thereto, and amounts payable to the department pursuant to California
Vehicle Code Section 4763 or the successor statute thereto.
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The processing agency may review appeals or other objections
to a parking citation pursuant to the procedures set forth in this
section.
A. For
a period of 21 days from the issuance of the parking citation, or
10 days from the mailing of the notice of delinquent parking citation,
an operator may request initial review by the processing agency. The
request for initial review may be made in writing, by telephone, or
in person.
B. The initial review by the processing agency shall consist of those procedures outlined in subdivision 1 of Section
10.06.140(A).
C. If the operator is dissatisfied with the results of the initial review, the operator may contest the parking citation or notice of delinquent parking violation through an administrative hearing review process as outlined in Section
10.06.140.
In order to contest the parking citation, the operator must
deposit with the processing agency the full amount of the parking
penalty along with any filing fee, in an amount established by resolution
of the City Council, on or before the 15th day following the mailing
to that operator of the results of the processing agency's initial
review. At the same time, the operator must provide a written explanation
of the reason or reasons for contesting the parking citation on a
form provided by the processing agency. If the operator is unable
to deposit the full amount of the parking penalty, the operator must
provide verifiable and substantial proof of an inability to deposit
the parking penalty. Upon presentation of such proof, the processing
agency shall proceed with the contest procedure despite the operator's
failure to deposit the full amount of the parking penalty. If it is
ultimately determined that the operator is not liable for the parking
violation, then the full amount of the parking penalty and filing
fee deposited shall be refunded.
The contestant may contest the parking citation either by written
declaration, on forms provided by the processing agency, or by personal
appearance before a Hearing Examiner.
D. Notwithstanding
the provisions of paragraph c of this section, if the vehicle has
been immobilized or impounded for unpaid parking citations, the processing
agency shall permit the registered owner of the vehicle to contest
the parking citations upon which the seizure was based, without requiring
a deposit of the parking penalty, provided that the vehicle remains
under the control of the immobilizing or impounding agency.
E. The
processing agency shall provide, through an administrative policy,
a procedure for contesting parking citations and notices of delinquent
parking violations.
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If the parking penalty is received by the processing agency
and there is no contest by the date fixed on the parking citation,
all proceedings as to that parking citation shall terminate.
If the operator contests the parking citation, the processing agency shall proceed in accordance with Section
10.06.130.
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If payment of the parking penalty is not received by the processing agency by the date fixed on the parking citation, the processing agency shall deliver to the registered owner a notice of delinquent parking violation pursuant to Section
10.06.090.
Delivery of a notice of a delinquent parking violation may be
made by person service or by first class mail addressed to the registered
owner of the vehicle as shown on the records of the department.
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The notice of delinquent parking violation shall contain the information required to be included in a parking citation pursuant to Section
10.06.050. The notice of delinquent parking violation shall also contain a notice to the registered owner that unless the registered owner pays the parking penalty or contests the citation within 10 days after mailing the notice of delinquent parking violation or completes and files an affidavit of nonliability that complies with Section
10.06.110 or
10.06.120, the vehicle registration shall not be renewed until the parking penalties have been paid. In addition, the notice of delinquent parking violation shall contain, or be accompanied by, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing an affidavit and instructions for returning the affidavit to the issuing agency.
(O93-035)
A registered owner shall be released from liability for a parking citation if the registered owner files with the processing agency an affidavit of nonliability in a form satisfactory to the processing agency and such form is returned within 30 days after the mailing of the notice of delinquent parking violation, together with proof of a written lease or rental agreement between a bona fide rental or leasing company and its customer which identifies the renter or lessee and provides the operator's driver's license number, name and address. The processing agency shall serve or mail to the renter or lessee identified in the affidavit of nonliability a notice of delinquent parking violation. The processing agency shall inform the renter or lessee that he or she must pay the full amount of the fine, or provide notice to the processing agency that he or she intends to contest the parking citation pursuant to Section
10.06.130 within 15 days of the mailing of the notice of delinquent parking violation. If the processing agency does not receive payment of the parking citation and filing fee or does not receive notice of an intent to contest within 15 days, the processing agency may proceed against the renter or lessee pursuant to Section
10.06.140.
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A registered owner of a vehicle shall be released from liability
for a parking citation issued to that vehicle if the registered owner
served with a notice of delinquent parking violation files with processing
agency, within 30 days of receipt of the notice of delinquent parking
violation, an affidavit of nonliability together with proof that the
registered owner served with a notice of delinquent parking violation
has made a bona fide sale or transfer of the vehicle and has delivered
possession thereof to the purchaser prior to the date of the alleged
violation. The processing agency shall obtain verification from the
department that the former owner has complied with the requirements
necessary to release the former owner from liability pursuant to California
Vehicle Code Section 5602 or the successor statute thereto.
If the registered owner has complied with California Vehicle
Code Section 5602, or the successor statute thereto, the processing
agency shall cancel the notice of delinquent parking violation with
respect to the registered owner.
If the registered owner has not complied with the requirements necessary to release the owner from liability pursuant to California
Vehicle Code Section 5602, or the successor statute thereto, the processing agency shall inform the registered owner that the citation must be paid in full or contested pursuant to Section
10.06.130. If the registered owner does not comply, the processing agency shall proceed pursuant to Section 3713.
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Except as otherwise provided below, the processing agency shall
proceed under subsection A or B, but not both, in order to collect
an unpaid parking penalty:
A. File
an itemization of unpaid parking penalties and other related fees
with the department for collection pursuant to the California Vehicle
Code Section 4760 or the successor statute thereto.
B. If
more than $400.00 in unpaid parking penalties and other related fees
have been accrued by any one registered owner or the registered owner's
renter, lessee, or sales transferee, proof thereof may be filed with
the court which has the same effect as a civil judgment. Execution
may be levied and such other measures may be taken for the collection
of the judgment as are authorized for the collection of unpaid civil
judgments entered against a defendant in an action against a debtor.
The processing agency shall send notice by first class mail
to the registered owner or renter, lessee, or sales transferee indicating
that a civil judgment has been filed and the date that the judgment
shall become effective. The notice shall also indicate the time: (1)
that execution may be levied against that person's assets; (2) that
liens may be placed against that person's property; (3) that the person's
wages may be garnished; and (4) that other steps may be taken to satisfy
the judgment. The notice shall also state that the processing agency
will terminate the commencement of a civil judgment proceeding if
all parking penalties and other related fees are paid prior to the
date set for hearing. If judgment is entered, then the city may file
a writ of execution or an abstract with the Court Clerk's office identifying
the means by which the civil judgment is to be satisfied.
If a judgment is rendered for the processing agency, that agency
may contract with a collection agency licensed pursuant to Chapter
8 (commencing with Section 6850) of Division 3 of the California Business
and Professions Code, or the successor statutes thereto, to collect
the judgment.
The processing agency shall pay the established first paper
civil filing fee at the time an entry of civil judgment is requested.
C. If the registration of the vehicle has not been renewed for 60 days beyond the renewal date and the citation has not been collected by the department pursuant to the California
Vehicle Code Section 4760, or the successor statute thereto, then the processing agency may file proof of unpaid penalties and fees with the court which has the same effect as a civil judgment as provided above in subsection
B.
D. The
processing agency shall not file a civil judgment with the court relating
to a parking citation filed with the department unless the processing
agency has determined that the registration of the vehicle has not
been renewed for 60 days beyond the renewal date and the citation
has not been collected by the department pursuant to the California
Vehicle Code Section 4760, or the successor statute thereto.
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The processing agency shall prepare an audited report at the
end of each fiscal year setting forth the number of cases processed,
and all sums received and distributed, together with any other information
that may be specified by the city or its authorized issuing agency
or the State Controller. The report is a public record and shall be
delivered to the city and its authorized issuing agency.
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