A. 
Intent. It is the intention of the city council to exercise its full authority specified in California Vehicle Code Section 40203.5(a), by providing a procedure for the establishment of a schedule of penalties for parking and related violations, late payment penalties, administration fees and other related charges for parking and related violations.
B. 
Purpose. The procedures embodied in this ordinance for administrative review and hearings have been duly adopted by the city council under the authority of and for the purpose of implement the requirements of Vehicle Code Sections 40200 through 40230.
(Ord. 744-U § 3, 7-6-2009)
For the purposes of this chapter, the following definitions apply:
"Administrative hearing"
means the hearing process with respect to a citation, conducted in accordance with the procedures specified herein, initiated by a timely written request of a contestant dissatisfied with the result of the initial review.
"Appeal"
means the action taken by a contestant to request an administrative hearing.
"Citation"
includes, but is not limited to, notices of parking or standing violation and notices of delinquent violation.
"City"
means the city of Crescent City, State of California.
"Contestant"
means any person or entity who is the registered owner, driver, rentee or lessee who is liable for parking penalties in accordance with the provisions of Vehicle Code Sections 40200, et seq., and who contests or disputes liability for the parting penalties.
"Days"
means calendar days unless otherwise specified.
"Department"
means the Crescent City Police Department.
"DMV"
means the California Department of Motor Vehicles.
"Initial review"
means the initial citation review process, initiated by a contestant's timely request and conducted by the issuing agency staff.
"Parking penalty"
includes the applicable civil penalty for the violation specified on the citation, the late payment penalty, and the DMV lien fee, if applicable.
"Parking violation"
means any violation of any regulation governing the standing or parking of a vehicle under the California Vehicle Code, under any federal or state statute or regulation, or under any Crescent City ordinance or resolution.
"Reviewing officer"
mean the officer(s) who is designated to investigate and conduct initial reviews under this chapter.
(Ord. 744-U § 3, 7-6-2009)
A. 
Initiating the Review.
1. 
Timeliness. A request for an initial review must be made within 21 days from the issuance of the notice of parking violation, or within 14 days from the mailing of the notice of delinquent parking violation.
2. 
Manner of Making Request. The request for an initial review may be made by written request, by telephone, or in person at the Crescent City Police Department.
B. 
Written Statement of Reasons. A contestant shall provide to the department a written statement of reasons for contesting the parking violation. The statement of reasons shall be made on a form provided by the Department. If the statement of reasons is not timely provided by the contestant, as specified in subsection (A)(1) of this section, the request for an initial review will be rejected and the contestant shall have no further rights to an initial review or an administrative hearing.
C. 
Investigation. Upon receipt of a timely request for an initial review and statement of reasons, the Department shall forward the request and statement to the reviewing officer to commence an investigation of the citation and the circumstances surrounding its issuance. The review shall consist of a determination of whether the citation contains all of the items required by Vehicle Code Section 40202 and the reasons for the request as specified by the contestant.
1. 
Cancellation of Citation. If, based on the results of the investigation, the reviewing officer is satisfied that the citation was not in accordance with Vehicle Code Section 40202 or, based on the contestant's statement of reasons, that the violation did not occur or the registered owner was not responsible for the violation, the reviewing officer shall cancel the citation and shall specify in writing the reasons for the cancellation.
2. 
Determination of Validity. If, based on the results of the investigation, the reviewing officer is satisfied that the citation was in accordance with Vehicle Code Section 40202 and that the reasons specified by the contestant to not merit a cancellation of the citation, the reviewing officer shall specify those findings in writing together with the supporting reasons for those findings.
D. 
Notice to Contestant. The Department shall mail the results of the investigation to the contestant by first class mail and shall forward a copy of the results to the city manager. Sendee of the result upon contestant shall be complete upon placement of the results in the United States mail, postage prepaid.
(Ord. 744-U § 3, 7-6-2009)
A. 
Initiating Appeal.
1. 
Timeliness. A contestant dissatisfied with the results of the initial review may appeal. Any such appeal must be made within 21 days of the mailing of the results of the initial review.
2. 
Requirements for Perfecting Appeals. The contestant's appeal shall be initiated by means of a written form provided by the Department, completed by the contestant, and filed by the contestant with the Department within the time specified in subsection (A)(1) of this section. In addition, the following requirements must also be satisfied within that same time period:
a. 
The contestant shall deposit with the Department the full amount of the parking penalty.
b. 
The contestant shall complete the portion of the form specifying the contestant's preference for a hearing by mail or in person.
c. 
The contestant shall complete the portion of the form specifying the reasons for contesting the citation.
d. 
If different than the record address contained in the Department's records, the contestant shall complete the portion of the form specifying the address of the contestant for purposes of mailing notices of hearing and other documents in connection with the appeal.
In the event that the contestant fails to satisfy any one or more of the above requirements within the time specified in subsection (A)(1) of this section, the appeal shall be rejected as untimely.
3. 
Exception to Parking Penalty Deposit Requirement —Indigency. Pursuant to Vehicle Code Section 40215(b), the Department is required to establish a procedure for contestants desiring to establish their inability to deposit the full amount of the parking penalties. Such persons are required to establish, their inability to pay the full amount of the parking penalties by verifiable and substantial proof thereof. The Department procedures will follow the city's indigent collection procedure in effect at the time of the request.
B. 
Notice of Hearing. Within 21 days from the filing of contestant's timely appeal, the Department shall send contestant a notice of hearing by first class mail, postage prepaid. The notice of hearing shall contain the date, time and place of the hearing in accordance with Vehicle Code Section 40215(b). The administrative hearing shall be held within 90 days following the receipt of the appeal, excluding time tolled pursuant to Vehicle Code Section 40200, et seq.
C. 
Continuances. A contestant may, in writing, request that the Department reschedule the hearing if the request is made at least 24 hours prior to the hearing. The Department shall grant one continuance not to exceed 21 days in accordance with Vehicle Code Section 40215(b).
D. 
Healing Procedures.
1. 
Procedural Matters.
a. 
Appearances. The officer issuing the citation shall not be required to appear at the hearing. The contestant shall appear at the hearing, unless a hearing by mail has been requested on the appeal request form, If the contestant fails to appear at the hearing, the contest shall be decided by the hearing officer based on the citation, the record of the initial review, and any other relevant material in the record, taking into account the reasons specified by the contestant in the appeal request form. Appearances by minors shall be governed by the provisions of Vehicle Code Section 40215(c)(2).
b. 
Hearing Officer. The hearing shall be conducted by an independent and impartial hearing examiner meeting the qualifications specified in Vehicle Code Section 40215(c)(4), who shall have been appointed to serve as the hearing officer for the city of Crescent City.
c. 
Hearing Record. The hearing officer shall write pertinent information into the record during the in person hearing. The hearing record and any supporting documentation will remain with the case file at the Department. If the contestant appeals the hearing officer's decision to the Superior Court, the entire case file will be forwarded to the court. The hearing records for those cases not appealed to the Superior Court will be retained by the Department for one year.
d. 
Representation. The contestant may, in his or her discretion, be represented by an attorney in the appeal process, including but not limited to, the contest hearing. Any such representation shall be at the sole and exclusive cost of the contestant. No contestant shall be entitled to representation at the expense of the city, or any other public agency, irrespective of indigency status.
2. 
Conduct of the Hearing.
a. 
Initial procedures—Hearing officer duties. At the commencement of the hearing, the hearing officer shall:
i. 
Make a pre-hearing statement, briefly explain the nature of the proceedings, the manner of conducting the hearing and the limits on the introduction of evidence, the process of rendering a decision, the effects of the decision in terms of collection remedies available to the city, the right of the contestant to appeal to the superior court for a de novo hearing, and any other matters the hearing officer deems necessary to mention;
ii. 
Administer an oath to the contestant and any witnesses;
iii. 
Read the citation into the record;
iv. 
Record the name and address of the contestant; and
v. 
Write the registered owners name and address and relationship to contestant, if applicable.
b. 
Proof Requirements Validity of Citation.
i. 
Burden of Proof. The Department bears the burden of proof, by a preponderance of the evidence, that the citation meets statutory requirements for validity.
ii. 
Prima Facie Case. If the citation, or a copy thereof, contains all of the items specified in Vehicle Code Section 40202, and if the Department has included in the record the information received from the DMV identifying the registered owner of the vehicle, the citation and such information shall be prima facie evidence of the facts contained therein, and of the parking violation. The Department shall not be required to produce any other information in order to establish the parking violation.
iii. 
Rebuttal. The contestant may introduce credible relevant rebuttal evidence relating to the validity of the citation.
c. 
Proof Requirements—Contestant's Defenses.
i. 
Burden of Proof—Defenses. The contestant bears the burden of proof, by a preponderance of the evidence, that although the citation is facially valid, a viable defense exists which would preclude the contestant's liability for the parking penalty, or that a viable defense exists which would limit the contestant's liability for late payment penalties.
ii. 
Defenses—Late Payment Penalties. Nonreceipt of the notice of violation itself, if based on sufficient credible evidence, may constitute a defense to late payment penalties based on nonpayment of the notice of violation. However, nonreceipt of the notice of violation is not a defense to late response to the notice of delinquent parking violation. The defense of nonreceipt of the notice of violation is not available to the registered owner if it is established that the person operating the vehicle at the time of the citation was not the registered owner. Clear proof of timely payment of the citation is a defense to late payment penalties.
iii. 
Defenses—Merits of Citation. Defenses relating to the merits of the citation must be established by the contestant by credible evidence. Such defenses may include, but are not limited to, signage matters (missing, obscured or defaced signs), where the contestant demonstrates that it was impossible for him or her to become aware of the applicable parking restrictions; malfunctioning parking meters; recent loss of parking permit or placard, accompanied by clear proof of the exercise of due diligence in efforts to replace the permit or placard; mechanical breakdown of the vehicle, where the vehicle was not illegally parked prior to the breakdown, where the violation in fact results from the breakdown and reasonable steps were taken to remove the vehicle prior to the occurrence of the violation. Personal reasons, inconvenience, lack of funds, forgetfulness, failure to observe signs, lack of available parking elsewhere, lack of knowledge of the applicable parking restrictions, and similar or related matters are not under any circumstances a defense to liability for parking penalties. No defense which was not included in the statement of reasons contained in the contestant's appeal request form will be considered.
d. 
Evidence.
i. 
Rules of Evidence. The rules of evidence for civil court shall not apply in hearings conducted pursuant to this chapter. Evidence relevant to the issues raised by the contestant's statement of reasons, and to the validity of the citation itself under Vehicle Code Section 40202, will be received. Determinations of credibility of evidence are committed to the sound discretion of the hearing officer.
ii. 
Form of Evidence. Other than the citation and the DMV information, the hearing officer shall receive into the record the Department's record from the initial review, together with relevant testimony, documentation and other material which is submitted by a party. Credibility determinations, together with determinations as to the weight to be assigned to evidence, are committed to the sound discretion of the hearing officer. The hearing officer may, but is not required to, admit evidence in the form of declarations of witnesses, submitted by the contestant. Such declarations shall not be admitted unless presented in the form required for declarations under Code of Civil Procedure Section 2015.5 and shall contain the statements required by Code of Civil Procedure Section 437c(d).
e. 
Witnesses. The contestant may present witnesses in support of the contestant's contentions. The hearing officer, after conducting the initial procedures of the hearing, may exclude witnesses until their turn to testify occurs. The hearing officer may limit the number of witnesses in the interest of preventing cumulative or repetitive testimony.
f. 
Cross-Examination by Hearing Officer. The hearing officer may conduct such cross-examination of the contestant or any witness, when in the hearing officer's sole and exclusive discretion crossexamination is warranted under all of the circumstances.
E. 
Hearing Decision.
1. 
Basis for Decision. The hearing officer shall make a decision on liability for the parking penalties based on the testimony and other evidence presented at the hearing.
2. 
Disposition. The hearing officer shall enter the disposition on the hearing record, and enter the total amount of the parking penalties. The decision, including the rationale for it, shall be placed in written form.
3. 
Notice of Final Decision. The hearing officer shall send the written decision to the contestant via first class mail. The hearing officer shall also furnish the Department with a copy of the decision.
4. 
Finality. The decision shall be the final decision of the Department. The decision shall set forth the time limits for the contestant to file for judicial review in the Del Norte County Superior Court and a notice that if no such review is sought within the applicable time limitation, the decision will be final and all rights to appeal forfeited.
(Ord. 744-U § 3, 7-6-2009)
Within 30 days after the mailing or personal delivery of the notice of final decision described in subsection (E)(3) of this chapter, the contestant may seek review by filing an appeal to the Del Norte County Superior Court. Such review will be conducted in accordance with the provisions of Vehicle Code Section 40230.
(Ord. 744-U § 3, 7-6-2009)
Upon request, the Department will provide a copy of a citation to any person who has received a notice of delinquent parking violation, or to his or her agent, upon request made by mail or in person. The copy will be provided within 15 days of the request, upon payment of the fee established by the city. The copy can be on produced by any reasonable means available to the Department, including printed representation of computer information.
(Ord. 744-U § 3, 7-6-2009)