A.
Any
violation of any regulation governing the standing or parking of a
vehicle under this chapter, the State of California Vehicle Code (CVC)
or federal statute or regulation, is subject to a civil penalty. The
enforcement of those civil penalties shall be governed by the civil
administrative procedures set forth in this chapter.
B.
Except
as provided in Section 40209 of the CVC, the registered owner and
driver, rentee, or lessee of a vehicle cited for any violation of
any regulation governing the parking of a vehicle under this chapter,
the CVC or under any federal statute or regulation, shall be jointly
liable for parking penalties imposed under this chapter, unless the
owner can show that the vehicle was used without consent of that person,
express or implied. An owner who pays any parking penalty, civil judgment,
costs, or administrative fees pursuant to this chapter shall have
the right to recover the same from the driver, rentee, or lessee.
C.
The
driver of a vehicle who is not the owner thereof, but who uses or
operates the vehicle with the express or implied permission of the
owner, shall be considered the agent of the owner to receive notices
of parking violations served in accordance with this chapter and may
contest the notice of violation.
(Ord. 841 § 1, 1993)
A.
For
a period of twenty-one days from the issuance of the notice of parking
violation or ten days from the mailing of the notice of delinquent
parking violation, a person may request review by the processing agency,
or at the discretion of the processing agency, by the city, of the
issuance of a notice of parking violation or a notice of delinquent
parking violation by written request, telephone, or in person. If
the person is dissatisfied with the results of the initial review,
the person may contest through an administrative review process the
notice of parking violation or notice of delinquent parking violation,
by depositing with the processing agency, by the tenth day following
the mailing to that person of the results of the processing agency's
administrative investigation, the full amount of the parking penalty
and a written explanation of the reason for contesting the parking
violation. The processing agency shall provide, through administrative
policy, a procedure for contesting notices of parking violations and
notices of delinquent parking violations for persons who can provide
verifiable and substantial proof of their inability to deposit the
full amount of the parking penalty. If a vehicle has been immobilized
or impounded for unpaid parking violations, the processing agency
shall, provided that the vehicle remains under the control of the
immobilizing or impounding agency, permit the registered owner of
the vehicle to contest the parking violations related to the seizure
of that vehicle without requiring the deposit of the parking penalties.
(Ord. 841 § 1, 1993)
A.
If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the violation, including reference to the section of the CVC or of the local ordinance or federal statute or regulation so violated, the approximate time thereof, and the location where the violation occurred and fixing a time and procedure for the registered owner or the lessee or rentee to deposit the parking penalty or, pursuant to Section 1.30.130, contest the citation. The notice of parking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is visible through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein.
B.
If,
during the issuance of a notice of parking violation, without regard
to whether the vehicle was initially attended or unattended, the vehicle
is driven away prior to attaching the notice to the vehicle, the issuing
officer shall file the notice with the processing agency. The processing
agency shall mail, within fifteen days of issuance of the notice of
parking violation, a copy of the notice of parking violation to the
registered owner.
C.
If,
after a copy of the notice of parking violation is attached to the
vehicle, the issuing officer determines that, in the interest of justice,
the notice of parking violation should be canceled, the issuing agency
may recommend, in writing, that the charges be canceled. The recommendation
shall cite the reasons for the recommendation and shall be filed with
the processing agency.
D.
If the processing agency makes a finding that there are grounds for cancellation, the finding shall be entered on the record and the notice of parking violation shall be canceled pursuant to Section 1.30.130(A)(1).
(Ord. 841 § 1, 1993)
The schedule of parking penalties for parking violations, late
payment penalties, administrative fees, and other related charges
for parking violations shall be established by resolution of the city
council.
(Ord. 841 § 1, 1993)
If the parking penalty is received by the person authorized
to receive the deposit of the parking penalty and there is no contest
as to that parking violation, the proceedings under this chapter shall
terminate.
(Ord. 841 § 1, 1993)
If a person contests the parking violation, the processing agency shall proceed in accordance with Section 1.30.140.
(Ord. 841 § 1, 1993)
A.
If the payment of the parking penalty is not received by the person authorized to receive a deposit of the parking penalty by the date fixed on the notice of parking violation under Section 1.30.050, the processing agency shall deliver to the registered owner a notice of delinquent parking violation.
B.
Delivery
of a notice of delinquent parking violation under this section may
be made by personal service or by first-class mail addressed to the
registered owner, as shown on records of the Department of Motor Vehicles
(DMV).
(Ord. 841 § 1, 1993)
A.
Within
fifteen days of request, by mail or in person, the processing agency
shall mail or provide to any person who has received a notice of delinquent
parking violation, or his or her agent, a photostatic copy of the
original notice of parking violation or an electronically produced
facsimile of the original notice of parking violation. The issuing
agency may charge a fee sufficient to recover the actual cost of providing
the copy, not to exceed two dollars. Until the city complies with
a request for a copy of the original notice of parking violation,
the processing agency may not proceed pursuant to subdivision (i)
of Section 22651 or Section 22651.7 of the CVC or Section 40220.
B.
If the
description of the vehicle on the notice of parking violation does
not substantially match the corresponding information on the registration
card for that vehicle, the processing agency shall, on written request
of the person, cancel the notice of parking violation without the
necessity of an appearance by that person.
(Ord. 841 § 1, 1993)
The notice of delinquent parking violation shall contain the information specified in Section 1.30.030, and, additionally, shall contain a notice to the registered owner that, unless the registered owner pays the parking penalty or contests the citation within ten days after mailing of the notice of delinquent parking violation or completes and files an affidavit of nonliability which complies with Section 1.30.100 or 1.30.110, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent parking violation. If the registered owner, by appearance or by mail, makes payment to the processing agency within ten days of the mailing of the notice of delinquent parking violation, the parking penalty shall consist of the amount of the original penalty without any additional administrative fees or charges.
(Ord. 841 § 1, 1993)
If the affidavit of nonliability is returned to the processing agency within thirty days of the mailing of the notice of delinquent parking violation, together with the proof of a written lease or rental agreement between a bona fide rental or leasing company and its customer, which identifies the rentee or lessee and provides the driver's license number, name, and address of the rentee or lessee, the processing agency shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a notice of delinquent parking violation. If payment is not received within fifteen days of the mailing of the notice of delinquent parking violation, the processing agency may proceed against the rentee or lessee pursuant to Section 1.30.140.
(Ord. 841 § 1, 1993)
A.
If the
affidavit of nonliability is returned with evidence that the registered
owner served 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 DMV that the registered owner has complied with
Section 5602 of the CVC.
B.
If the
registered owner has complied with said Section 5602, the processing
agency shall cancel the notice of delinquent parking violation with
respect to the registered owner.
C.
If the registered owner has not complied with said Section 5602, the processing agency shall inform the registered owner that the citation shall be paid in full or contested pursuant to Section 1.30.020. If the registered owner does not comply, the processing agency shall proceed pursuant to Section 1.30.140.
(Ord. 841 § 1, 1993)
A.
If the registered owner, or an agent of the registered owner, or a rentee or lessee who was served with the notice of delinquent parking violation pursuant to Section 1.30.070 or Section 1.30.100, or any other person who presents the notice of parking violation or notice of delinquent parking violation after the notice of delinquent parking violation has been issued for delivery under Section 1.30.070, deposits the parking penalty with a person authorized to receive it, the processing agency shall do both of the following:
1.
Deliver a copy of the notice of delinquent parking violation issued under Section 1.30.070 or an electronically reproduced listing of the citation information presented in a notice of delinquent parking violation to the person and record the name, address, and driver's license number of the person actually given the copy in the records of the issuing agency.
For the purposes of this paragraph, a copy of the notice of
delinquent parking violation may be photostatic copy;
2.
Determine whether the notice of delinquent parking violation has been filed with the DMV pursuant to of Section 1.30.140(B) or a civil judgment has been entered pursuant to Section 1.30.140.
B.
If the
notice of delinquent parking violation has not been filed with the
department or judgment entered and payment of the parking penalty
and any applicable assessments is received, the proceedings under
this chapter shall terminate.
(Ord. 841 § 1, 1993)
A.
If a
person contests a notice of parking violation or a notice of delinquent
parking violation, the processing agency shall do the following:
1.
The
processing agency shall either investigate with its own records and
staff or request that the city investigate the circumstances of the
citation with respect to the contestant's written explanation of reasons
for contesting the parking violation. If, based upon the results of
that investigation, the processing agency is satisfied that the violation
did not occur or that the registered owner was not responsible for
the violation, the processing agency shall cancel the notice of parking
violation and make an adequate record of the reasons for canceling
the notice. The processing agency shall mail the results of the investigation
to the person who contested the notice of parking violation or the
notice of delinquent parking violation;
2.
If
the person contesting a notice of parking violation or notice of delinquent
parking violation is not satisfied with the results of the investigation
provided for in paragraph 1 of this subsection, the person may, within
fifteen days of the mailing of the results of the investigation, deposit
the amount of the parking penalty and request an administrative review.
B.
Administrative review procedure described in subsection (A)(2) of this section shall consist of the following:
1.
The
person requesting an administrative review shall indicate to the processing
agency his or her election for a review by mail or personal conference;
2.
If
the person requesting a hearing is a minor, that person shall be permitted
to appear at a hearing or admit responsibility for a parking violation
without the necessity of the appointment of a guardian. The processing
agency may proceed against that person in the same manner as if that
person were an adult;
3.
The
administrative review shall be conducted before an examiner designated
to conduct the review by the city council or the city manager. In
addition to any other requirements of employment, an examiner shall
demonstrate those qualifications, training, and objectivity prescribed
by the city council or city manager as are necessary and which are
consistent with the duties and responsibilities set forth in this
chapter. The examiner's continued employment, performance evaluation,
compensation, and benefits shall not be directly or indirectly linked
to the amount of fines collected by the examiner;
4.
The
officer or person authorized to issue a notice of parking violation
shall not be required to participate in an administrative review.
The issuing agency shall not be required to produce any evidence other
than the notice of parking violation or copy thereof, and information
received from the DMV identifying the registered owner of the vehicle.
The documentation in proper form shall be considered prima facie evidence
of the violation;
5.
The
review shall be conducted in accordance with the written procedure
established by the city which shall ensure fair and impartial review
of contested parking violations. The city's final decision may be
delivered personally to the person by the examiner or to the person
by first-class mail.
(Ord. 841 § 1, 1993)
Except as otherwise provided in Sections 1.30.150 and 1.30.160, the processing agency shall proceed under only one of the following options in order to collect an unpaid parking penalty:
A.
File
an itemization of unpaid parking penalties and administrative and
service fees with the DMV for collection with the registration of
the vehicle pursuant to CVC Section 4760.
B.
If more
than four hundred dollars in unpaid penalties and fees have been accrued
by any person or registered owner, proof thereof may be filed with
the court with the same effect as a civil judgment. Execution may
be levied and other measures may be taken for the collection of the
judgment as are authorized for the collection of an unpaid civil judgment
entered against a defendant in an action on a debtor. The court may
assess costs against a judgment debtor to be paid upon satisfaction
of the judgment. The processing agency shall send a notice by first-class
mail to the person or registered owner indicating that a judgment
shall be entered for the unpaid penalties, fees, and costs and that,
after thirty days from the date of the mailing of the notice, the
judgment shall have the same effect as an entry of judgment against
a judgment debtor. The person or registered owner shall also be notified
at that time that execution may be levied against his or her assets,
liens may be placed against his or her property, his or her wages
may be garnished, and other steps may be taken to satisfy the judgment.
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 Business and Professions Code
to collect the amount of that judgment. Notwithstanding any other
provision of law, 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 sixty days beyond the renewal date, and the citation has not been collected by the DMV pursuant to CVC Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in subsection B of this section.
(Ord. 841 § 1, 1993)
The processing agency shall not file a civil judgment with the
court relating to a parking violation which has been filed with the
DMV unless the processing agency has determined that the registration
of the vehicle has not been renewed for sixty days beyond the renewal
date and the citation has not been collected by the department pursuant
to CVC Section 4760.
(Ord. 841 § 1, 1993)
A.
An equipment violation entered on the notice of parking violation attached to the vehicle under Section 1.30.030 shall be processed in accordance with this chapter. All of the violations entered on the notice of parking violation shall be noticed in the notice of delinquent parking violation delivered pursuant to Section 1.30.070, together with the amount of civil penalty.
B.
Whether
or not a vehicle is in violation of any regulation governing the standing
or parking of a vehicle but is in violation of subdivision (a) of
CVC Section 5204, a person authorized to enforce parking laws and
regulations shall issue a written notice of violation, setting forth
the alleged violation. The violation shall be processed pursuant to
this section.
C.
The
civil penalty for an equipment violation is thirty dollars, except
that upon proof of the correction to the processing agency, the penalty
shall be reduced to ten dollars. The civil penalty for a violation
of CVC Section 5204 is sixty dollars.
(Ord. 841 § 1, 1993)
A.
Within twenty days after the mailing of the final decision described in Section 1.30.130(B), the contestant may seek review by filing an appeal to the justice or municipal court, where the same shall be heard de novo, except that the contents of the processing agency's file in the case shall be received in evidence. A copy of the notice of parking violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the processing agency by the contestant. For purposes of computing the twenty-day period, Section 1013 of the Code of Civil Procedure shall be applicable.
B.
The
fee for filing the notice of appeal shall be twenty-five dollars.
If the appellant prevails, this fee, together with any deposit of
parking penalty, shall be promptly refunded by the processing agency
in accordance with judgment of the court.
C.
The
conduct of the hearing or appeal under this section are subordinate
judicial duties which may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the presiding
judge of the court.
(Ord. 841 § 1, 1993)
