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)
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)
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)