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HomeMy WebLinkAbout5736 RESOLUTION NO. 5736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AN ADMINISTRATIVE ADJUDICATION POLICY FOR THE DISPOSITION OF CONTESTED PARKING VIOLATIONS WHEREAS, Assembly Bill 408 becomes effective July l, 1993, and decriminalizes parking violations, removing them from the criminal justice system, and establishing a system of administrative adjudication for these offenses. It is the intent of the City of Arcadia to comply with all applicable laws and establish a policy for the processing and administrative adjudication of parking violations. WHEREAS, the City council finds that it would be in the best interest of the City to approve the Parking Violation Administrative Adjudication Policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the city Council adopt said administrative adjudication policy for the disposition of contested parking violation attached as Exhibit A and incorporated as part of this Resolution. SECTION 2. That the Director of Finance may, on behalf of the city, execute any contracts with other agencies in an effort to share program costs, subject to City Attorney approval. SECTION 3. That this Parking violation Administrative Adjudication Policy may be amended from time to time in order to comply with existing law. SECTION 4. That the city Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the city of Arcadia, hereby certify that the foregoing Resolution No. 5736 was passed and adopted by the city Council of the City of Arcadia, signed by the Mayor and attested to by the city Clerk at a regular meeting of said Council on the 6th day of July 1993 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Fasching, Harbicht, Lojeski, Margett and Ciraulo NOES: None ABSENT: None ~ f Arcadia C 5736 CITY OF ARCADIA PARKING VIOLATION ADftINISTRATIVE ADJUDICATION POLICY AB 408 which becomes effective July 1, 1993, decriminalizes parking citations, removes them from the criminal justice system, and establishes a system of administrative adjudication for these offenses. Relevant sections of the California Vehicle Code and the Penal Code will be amended. It is the intent of the City of Arcadia to comply with all applicable laws and establish this policy for the processing and administrative adjudication of parking violaitons. This Policy does not attempt to are amended, but does cite some reference. list all code sections that Vehicle Code Sections for THE NOTICE OF PARKING VIOLATION: All Notice(s) of Parking Violation will be forwarded to the Finance Department where they will be entered in the Citation Processing computer system. Any Notice (s) of Parking Violation that have been cancelled will be forwarded including both the violator's and the agency's copy accompanied by a notice of cancellation showing the reason and signed by the Patrol Captain. All citations including those that have been cancelled will be entered in the computer system immediately~ (CVC 40202) THE NOTICE OF DELINQUENT PARKING VIOLATION: If payment of the parking penalty is not received by the date fixed on the Notice of Parking Violation, the Notice of Delinquent Violation will be mailed to the registered owner, as shown on the records of the Department of Motor Vehicles. If payment is made within 10 days of the mailing of the notice, the amount due shall consist of the original parking penalty without any additional fees or charg... (CVC 40206, 40207) Rental and leasing companies may transfer responsibility for citations to their customers if the City is provided within 30 days of the mailing of the Notice of Delinquent Parking Violation proof of a written lease or rental agreement between the company and its customer which identifies the name, address and driver's license number of the customer. The City will mail a Notice of Deliquent Parking Violation to the renter or lessee identified. (CVC 40209) The Notice of Delinquent Parking Violation provides an 1 EXHIBIT "A" 1 5736 affidavit of non-liability. If the affidavit is properly completed and signed under penalty of perjury and indicates that the person signing is not responsible for the vehicle cited, no further action will be taken against that person. <CVC 40210) PAYMENT OF A PARKING VIOLATION: Payment for City of Arcadia parking violations and State of California Highway Patrol parking citations written within Arcadia's jurisdiction will be made payable to the City of Arcadia. Payment may be by personal check providing the check meets the City policy on personal checks to assure the validity of the check. Payment may be made in person or by mail to the City Hall Cashier's Office. (CVC 40510) CONTESTING A PARKING VIOLATION: If a person contests a notice of parking violation or a notice of delinquent parking violation, the procedure detailed below will be followed. <CVC 40215) The Administrative Review: The person contesting the citation will complete a Request for Administrative Review listing the reason or complaint. City staff will conduct an investigation of the circumstances of the citation with respect to the contestant's written explanation of reasons for contesting the parking violtion. If, based on the results of the investigation, it is determined that the violation did not occur or that the registered owner was not responsible for the violation, the City shall cancel the notice of parking violation and record the reason for cancellation. The contestant will be mailed a copy of the completed Administrative Review indicating whether the citation was upheld or cancelled. If the person contesting the parking violation is not satisfied with the results of the investigation, the person may, within 15 days of the mailing of the Administrative Review, deposit the amount of the parking penalty and request a Hearing before the Parking H.aring Officer. An indigent respondent may request a waiver of this required payment by filing a "Request of Waiver of Parking Penalty" and submitting a written declaration of financial condition. The request for waiver will be considered by the Hearing Official assigned to the case. The Parking Hearing: The person requesting a Hearing must complete a Request for Hearing indicating his election for a personal conference or a declaration by mail. 2 5736 The Hearing vill be conducted before an examiner designated by the City to act as Parking Hearing Officer. An examiner shall demonstrate those qualifications, training. and objectivity prescribed in the City's job specification. The examiner's continued employment, performance, compensation or benefits shall not be directly or indirectly linked to the amount of fines collected by the examiner. The Hearing shall be conducted in accordance with the City of Arcadia Parking Adjudication Manual and shall ensure fair and impartial review of the contested parking violations. The issuing officer shall not be required to be present and the notice of parking violation stands as prima facie evidence of the violation. The examiner's final decision may be delivered in person or by mail. Appealing the decision of the Hearing Official: Within 20 days after the mailing of the results of the Hearing, the contestant may seek review by filing a civil appeal to the municipal court. The City's file in the case will be received as evidence. The fee for filing the appeal is $25 payable to the City of Arcadia. The City will establish a date of appeal with the court and forward the filing fee and requisite paperwork to the Santa Anita Municipal Court, If the appellant prevails, this fee together with any deposit of parking penalty will be refunded by the City. COLLECTION OF UNPAID PARKING VIOLATIONS: Placing a hold on registration at the Department of Motor Vehicles: If payment is not received on the violation by 15 days after the mailing of the Notice of Delinquent Parking Violation, the citation including late penalties and administrative fees will be forwarded to the Department of Motor Vehicles and a hold will be placed on the registration of the vehicle. (CVC 40220) (PC 4750) Civil judgment: If more than $400 in unpaid penalties and fees have been accrued, proof may be filed with the court with the same effect as a civil judgment. The City will send a notice by mail to the responsible person or registered owner indicating that a judgment shall be entered for unpaid penalties and costs and that after 30 days from the date of the mailing of the notice, the judgment shall be entered. The notice will advise that execution may be levied against assets, liens may be placed against property, wages may be garnisheed. A licensed collection agency may be used to collect the judgment. The OMV hold will be removed when a judgment is 3 5736 entered unless the vehicle registration has not been renewed for 60 days beyond the expiration date. (CVC 40220, 40221) The City shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested. (CVC 40220) Impounding or immobilizing: If the City has 5 or more delinquent parking violations to which the registered owner has not responded or requested adjudication, the vehicle may be impounded or immobilzed until the responsible person furnishes evidence of identity, a current address, and proof of current registration. The responsible person must deposit all parking penalties or produce evidence that all penalties have been paid or request a Hearing before the Parking Hearing Official without undue delay. A vehicle released to a legal owner is considered a repossessed vehicle for purposes of disposition or sale. The City shall have a lien on any surplus that remains upon sale of the vehicle. (CVC 22651 (i); 22651.7) SCHEDULE OF PARKING PENALTIES: The schedule of penalties, late payment penalties, administrative fees and costs shall be established by the City Council for parking violations within City jurisdiction. To the extent possible, the City shall standardize its parking penalties with other agencies within the county. (CVe 40203.5) DISTRIBUTION OF PARKING PENALTIES COLLECTED: All parking penalties collected including those from citations issued by the Highway Patrol within our jurisdiction will be retained by the City with the EXCEPTION of state and local parking penalty surcharges that are payable to the County. The City will deposi t SUIIIS due the county not later than 45 days after the parking penalty vas received. (CVC 40200) INTERNAL AUDIT: The City vill prepare an audited report at the end of each fiscal year detailing the number of cases processed. and all sums received and distributed, and any other information that may be required. (CVC 40200.3(b)) 4 5736 CONTRACTING SERVICES TO OTHER AGENCIES: The City shall offer Hearing services to thereby reducing costs to the City of Arcadia. agencies would pay a pro rata portion for the Official as well as a fee per case processed for 5 other agencies The contracting Parking Hearing this service. 5736