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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
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f Arcadia
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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
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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.
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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
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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))
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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
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other agencies
The contracting
Parking Hearing
this service.
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