Adelanto Municipal Code Ch. 10.20 Parking Citation Processing

Except where the context otherwise requires, the definitions provided in this Section shall govern the construction of this Chapter.

A. “Agency” shall mean the “processing agency” as defined below.

B. “City” shall at all times refer to the City of Adelanto.

C. “Contestant” shall mean any “operator,” “registered owner” or “owner” and/or “resident” as defined in this Section, who contests a code enforcement citation.

D. “Department” shall mean the Department of Motor Vehicles.

E. “Hearing Officer” shall mean any individual selected by the City, or if the City elects to contract for parking processing services, that individual selected by the processing agency authorized to administratively adjudicate code enforcement citation contests.

F. “Issuing Agency” shall mean the City or its authorized agent that issues code enforcement citations.

G. “Issuing Officer” shall mean a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of the California Penal Code, or the successor statutes thereto, or other issuing officer (as designated by the City) who is authorized to issue a code enforcement citation.

H. “Operator” shall mean any individual driving and/or in possession of a vehicle at the time a citation is issued or the registered owner of the vehicle.

I. “Code Enforcement Citation,” hereinafter referred to as “citation,” shall mean a notice that is personally given or mailed to the operator, registered owner or owner and/or resident, or attached to the operator’s vehicle, or owner’s and/or resident’s property, informing the operator, owner and/or resident, of a parking, equipment and/or other Vehicle Code or City ordinance violation, and the right to elect to pay the penalty for the violation or contest the citation.

J. “Citation Penalty” includes, but is not limited to, the citation penalty for the particular violation, as well as late payment penalties, administrative fees, assessments, costs of collection as provided by law and other related (including Department) fees.

K. “Processing Agency” shall mean the City or its authorized agent that processes code enforcement citations and issues notices of delinquent code enforcement violations on behalf of the City.

L. “Registered Owner” shall mean the individual or entity whose name is recorded with the Department of Motor Vehicles as having ownership of a particular vehicle.

M. “Vehicle” shall mean any self-propelled vehicle operated or suitable for operation on a highway.

N. “Violation” shall mean any parking, equipment or other Vehicle Code or City ordinance violation as established pursuant to State law or local ordinance.

A. The City may issue and/or process code enforcement citations and notices of delinquent code enforcement violations, or it may enter into a contract with a private code enforcement citation processing agency, or with another city, county or other public issuing or processing agency.

B. Any contract entered into pursuant to this Section shall provide for monthly distribution of amounts collected between the parties, except amounts payable to the County pursuant to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the successor statutes thereto, and amounts payable to the Department pursuant to Vehicle Code Section 4763 or the successor statute thereto.

The processing agency may review appeals or other objections to a code enforcement citation pursuant to the procedures set forth in this Section.

A. For a period of twenty-one (21) days from the issuance of the code enforcement citation or ten (10) days from the mailing of the notice of a delinquent code enforcement citation, the citation recipient may request an initial review by the processing agency. The request for initial review may be made in writing, by telephone or in person.

B. The initial review by the processing agency shall consist of those procedures outlined in this Section.

C. In order to contest the citation, the recipient must deposit with the processing agency the full amount of the penalty on or before the fifteenth (15th) day following the mailing to that recipient of the results of the processing agency’s initial review. At the same time, the recipient must provide a written explanation of the reason or reasons for contesting the citation on a form provided by the processing agency. If the recipient is unable to deposit the full amount of the penalty, he/she must provide verifiable and substantial proof of an inability to deposit the penalty. Upon presentation of such proof, the processing agency shall proceed with the contest procedure despite the recipient’s failure to deposit the full amount of the penalty. If it is ultimately determined that the recipient is not liable for the violation, then the full amount of the penalty deposited shall be refunded.

D. The contestant may contest the citation either by written declaration, on forms provided by the processing agency, or by personal appearance before a hearing examiner.

E. Notwithstanding the provisions of Subsection A. of this Section, if a vehicle has been immobilized or impounded for unpaid parking citations, the processing agency shall permit the registered owner of the vehicle to contest the citations upon which the seizure was based, without requiring a deposit of the penalty, provided that the vehicle remains under the control of the immobilizing or impounding agency.

Citations shall be issued in accordance with the following procedures:

A. If a vehicle/property is unattended at the time the citation is issued for a violation, the issuing officer shall securely attach to the vehicle and/or property the citation setting forth the violation, including references to the section of the Vehicle Code, the City’s Municipal Code/City ordinance(s), or other regulations violated; the approximate time of the violation; the location of the violation; and the date by which the recipient is to deposit the penalty or contest the citation pursuant to Section 10.20.030. The citation shall state the amount of the penalty and the address of the agent authorized to receive deposit of the penalty.

B. The citation shall also set forth the vehicle license number and registration expiration date, if such date is visible; the last four (4) 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. For code enforcement citations, the citation shall also set forth the address of the violation.

C. The citation 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.

D. Once the citation is prepared and attached to the vehicle and/or property pursuant to Subsection A. above, the issuing officer shall file notice of the violation with the processing agency.

E. If during issuance of a parking citation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the citation to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within fifteen (15) days of issuance of the citation, a copy of the citation to the registered owner.

F. If after a copy of the citation is attached to the vehicle, property or personally given to the recipient, the issuing agency or the issuing officer determines that the issuing officer was in error in issuing the citation, the issuing officer or the issuing agency may recommend, in writing, that the citation be canceled. The recommendation shall state the reason or reasons for cancellation and shall be filed with the processing agency. Under no circumstances shall a personal relationship with any public official, officer, issuing officer or law enforcement agent be grounds for cancellation.

G. If a processing agency makes a finding that there are grounds for cancellation as set forth in the City’s administrative policy or pursuant to any other basis provided by law, then the finding or findings shall be filed with the processing agency; and the parking citation shall be canceled pursuant to Subsection A. of Section 10.20.030.

A. Parking penalties shall be established by ordinance or resolution of the City Council. All penalties received by the processing agency shall accrue to the benefit of the City.

B. If the penalty is received by the processing agency and there is no contest by the date fixed on the citation, all proceedings as to that citation shall terminate.

C. If the recipient contests the parking citation, the processing agency shall proceed in accordance with Section 10.20.030.

A. If payment of the penalty is not received by the processing agency by the date fixed on the citation, the processing agency shall deliver to the recipient a notice of delinquent violation pursuant to Section 10.20.022.

B. Delivery of a notice of delinquent parking violation may be made by personal service or by first class mail addressed to the registered owner of the vehicle as shown on the records of the Department.

A. The notice of a delinquent violation shall contain the information required to be included in a citation pursuant to Section 10.20.016.

B. The notice of a delinquent violation shall also contain a notice to the registered owner, or recipient, that, unless the registered owner or recipient pays the penalty or contests the citation within ten (10) days after mailing the notice of a delinquent violation or completes and files an affidavit of nonliability that complies with Section 10.20.026 or 10.20.028, the vehicle registration shall not be renewed until the parking penalties have been paid (refers to Vehicle Code violations).

C. In addition, the notice of a delinquent violation shall contain, or be accompanied by, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing an affidavit and instructions for returning the affidavit to the issuing agency.

D. If the penalty is paid within ten (10) days after the mailing of the notice of a delinquent violation, no late penalty or similar fee shall be charged to the recipient.

A. Within fifteen (15) days of request, made by mail or in person, the processing agency shall mail or otherwise provide to the registered owner, the registered owner’s agent or citation recipient who has received a notice of a delinquent violation, a copy of the original citation. The issuing agency may charge a fee sufficient to cover the actual cost of copying and/or locating the original citation, not to exceed five dollars ($5.00). Until the processing agency complies with a request to provide a copy of the citation, the processing agency may not proceed to immobilize a vehicle in question or initiate further proceedings.

B. If the description of the vehicle/property on the citation does not substantially match the corresponding information on the registration card or property listing, the processing agency shall, on written request of the recipient, cancel the notice of violation.

A. A registered owner shall be released from liability for a citation if the registered owner files with the processing agency an affidavit of nonliability in a form satisfactory to the processing agency and such form is returned within thirty (30) days after the mailing of the notice of a delinquent violation together with proof of a written lease or rental agreement between a bona fide rental or leasing company and its customer which identifies the renter or lessee and provides the operator’s driver’s license number, name and address.

B. The processing agency shall serve or mail to the renter or lessee identified in the affidavit of nonliability a notice of a delinquent violation. The processing agency shall inform the renter or lessee that he or she must pay the full amount of the fine, or provide notice to the processing agency that he or she intends to contest the citation pursuant to Section 10.20.030, within fifteen (15) days of the mailing of the notice of a delinquent violation. If the processing agency does not receive payment of the citation or does not receive notice of intent to contest within fifteen (15) days, the processing agency may proceed against the renter or lessee pursuant to Section 10.20.032.

A. A registered owner of a vehicle shall be released from liability for a citation issued to that vehicle if the registered owner served with a notice of a delinquent violation files with the processing agency, within thirty (30) days of receipt of the notice of a delinquent violation, an affidavit of nonliability together with proof that the registered owner served with a notice of a parking violation 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 Department that the former owner has complied with the requirements necessary to release the former owner from liability pursuant to Vehicle Code Section 5602 or the successor statute thereto.

B. If the registered owner has complied with Vehicle Code Section 5602 or the successor statute thereto, the processing agency shall cancel the notice of a delinquent violation with respect to the registered owner.

C. If the registered owner has not complied with the requirements necessary to release the owner from liability pursuant to Vehicle Code Section 5602 or the successor statute thereto, the processing agency shall inform the registered owner that the citation must be paid in full or contested pursuant to Section 10.20.030. If the registered owner does not comply, the processing agency shall proceed pursuant to Section 10.20.032.

A. If an operator or registered owner, owner and/or resident contests a citation or a notice of a delinquent violation, the processing agency shall do all of the following:

1. First, either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the citation with respect to the contestant’s written explanation of the reason or reasons for contesting the citation.

2. If, based on the results of that investigation, the processing agency is satisfied that the violation did not occur, or the registered owner, owner and/or resident was not responsible for the violation by virtue of having sold, rented or leased the vehicle/property, or because legally supportable or mitigating circumstances as set forth in the City’s administrative policy warrant a dismissal, the processing agency shall cancel the citation and make an adequate record of the reason or reasons for canceling the citation. The processing agency shall mail the results of the investigation by first class mail to the contestant within ten (10) days of the decision.

3. If the contestant is not satisfied with the results of the investigation provided for in Subsections 1. and 2. of this Section, the contestant may, within fifteen (15) days of the mailing of the results of the initial investigation, deposit the amount of the penalty and other related fees or provide proof of an inability to deposit the penalty and request an administrative review.

4. If the contestant prevails at the administrative hearing, then the full amount of the penalty deposited shall be refunded.

B. The administrative review procedure shall consist of the following:

1. The contestant shall make a written request for administrative review on a form and in a manner satisfactory to the processing agency and may request to contest the citation either in person or by written declaration.

2. If the contestant is a minor, that person shall be permitted to appear at a hearing or admit responsibility for a citation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as if the minor were an adult.

3. The administrative review shall be conducted before an examiner designated to conduct the review by the City Council or by the processing agency.

C. The issuing officer shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the citation or copy thereof and information received from the Department or City identifying the registered owner of the vehicle or the owner and/or resident of the property. The documentation in proper form shall be considered prima facie evidence of the violation.

D. The processing agency’s final decision shall be in writing and delivered personally to the contestant or the contestant’s agent or delivered by first class mail within ten (10) working days following the hearing.

E. If the contestant is not the registered owner of the vehicle, owner and/or resident of the property, all notices to the contestant required under this Section shall also be given to the registered owner or owner and/or resident by first class mail.

Except as otherwise provided below, the processing agency shall proceed under Subsection A. or B., but not both, in order to collect an unpaid penalty:

A. File an itemization of unpaid parking penalties and other related fees with the Department for collection pursuant to Vehicle Code Section 4760 or the successor statute thereto.

B. If more than five hundred dollars ($500.00) in unpaid parking penalties, or other penalties, and other related fees have been accrued by any one (1) registered owner or the registered owner’s renter, lessee or sales transferee, owner and/or resident, proof thereof may be filed with the court, which has the same effect as a civil judgment. Execution may be levied and such other measures may be taken for the collection of the judgment as are authorized for the collection of unpaid civil judgments entered against a defendant in an action against a debtor.

C. The processing agency shall send notice by first class mail to the registered owner or renter, lessee, or sales transferee, owner and/or resident indicating that a civil judgment has been filed and the date that the judgment shall become effective. The notice shall also indicate the time that execution may be levied against the person’s assets, that liens may be placed against that person’s property, that the person’s wages may be garnished, and that other steps may be taken to satisfy the judgment. The notice shall also state that the processing agency will terminate the commencement of a civil judgment proceeding if all penalties and other related fees are paid prior to the date set for hearing. If judgment is entered, then the City may file a writ of execution or an abstract with the court clerk’s office identifying the means by which the civil judgment is to be satisfied.

D. 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, or the successor statutes thereto, to collect the judgment.

E. If required by law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.

F. If the registration of the vehicle has not been renewed for sixty (60) days beyond the renewal date (for Vehicle Code violations) and the citation has not been collected by the Department pursuant to Vehicle Code Section 4760, or the successor statute thereto, then the processing agency may file a proof of unpaid penalties and fees with the court which has the same effect as a civil judgment as provided above in Subsection B.

G. The processing agency shall not file a civil judgment with the court relating to a citation filed with the Department unless the processing agency has determined that the registration of the vehicle has not been renewed for sixty (60) days beyond the renewal date, and the citation has not been collected by the Department pursuant to Vehicle Code Section 4760 or the successor statute thereto.

A. If the operator or registered owner, owner and/or resident served with a notice of a delinquent violation, or any other person who presents the citation or notice of a delinquent violation, deposits the penalty with the person authorized to receive it, the processing agency shall do both of the following:

1. Upon request, provide the operator, registered owner, or the registered owner’s agent, owner and/or resident with a copy of the citation information presented in the notice of a delinquent violation. The processing agency shall, in turn, obtain and record in its records the name, address and driver’s license number of the person actually given the copy of the citation information.

2. Determine whether the notice of a delinquent violation has been filed with the Department or a civil judgment has been entered pursuant to Section 10.20.032.

B. If the processing agency receives full payment of all penalties and other related fees and the processing agency has neither filed a notice of a delinquent violation or entered a civil judgment, then all proceedings for that citation shall cease.

C. If the notice of a delinquent violation has been filed with the Department and has been returned by the Department pursuant to the provisions of the Vehicle Code and payment of the parking penalty has been made, along with any other related fees, then the proceedings for that citation shall cease.

D. If the notice of a delinquent violation has been filed with the Department and has not been returned by the Department and payment of the penalty along with any other fees applied by either, the Department or the processing agency shall do all of the following:

1. Deliver a certificate of payment to the operator or other person making payment;

2. Within five (5) working days, transmit payment information to the Department in the manner prescribed by the Department;

3. Terminate proceedings on the notice of a delinquent violation; and

4. Deposit all penalties and other fees as required by law.

A. All penalties collected, including process service fees and costs related to civil debt collection, shall be deposited to the account of the processing agency, and then remitted to the City, if the City is not also the processing agency.

B. If the City is not the processing agency, then the City shall enter into an agreement with the processing agency for periodic transfer of citation receipts, along with a report setting forth the number of cases processed and the sums received.

The processing agency shall prepare an audited report at the end of each fiscal year setting forth the number of cases processed and all sums received and distributed, together with any other information that may be specified by the City or its authorized issuing agency or the State Controller. The report is a public record and shall be delivered to the City and its authorized issuing agency.

[Ord. No. 321, 10/8/96.]

All fines in this Title 10 shall be set and amended by ordinance or resolution of the City Council. All citations are also subject to all County and State administrative fees, including but not limited to those pursuant to Government Code § 70372(b), Government Code § 76000(b), and Senate Bill 1407.

[Ord. No. 491, Section 25, 9/23/09.]