Alameda Municipal Code § 8-12 Rules of Procedure Governing the Contest of Parking Citations and Equipment Violations

The purpose of these procedures is to provide a method of contesting parking violations and equipment violations consistent with the provisions of California Vehicle Code Section 40215.

(Ord. No. 2771 N.S. § 1)

Examiner shall mean the person who conducts the administrative hearing pursuant to subsection 8-12.5(g) and shall have a minimum of twenty (20) hours of training in compliance with Vehicle Code Section 40214(c)(4)(B).

Finance Department shall mean the Finance Director or his or her representative.

Public Works Department shall mean the Director of the Public Works Department or designee.

(Ord. No. 2771 N.S. § 1)

(Ord. No. 3318 N.S., § 3, 5-3-2022)

a. Time to Make Request. Any person receiving a parking citation or an equipment violation entered on a notice of parking violation may request an initial review of the citation by making a request not later than twenty-one (21) calendar days from the issuance of the notice of parking violation or not later than fourteen (14) days from the mailing of a notice of delinquent parking violation.

b. Manner of Making Request. Any person making a request for an initial review may do so either by written request or in person at the City of Alameda, Finance Department.

c. Initial Review; Cancellation of Citation. An initial review shall be conducted upon a request properly made. The notice of parking violation or notice of delinquent parking violation may be canceled if the initial review determines that:

1. The violation did not occur;

2. The registered owner was not responsible for the violation;

3. There are extenuating circumstances which make dismissal of the citation appropriate in the interests of justice.

d. Notification of Determination of Initial Review. Within five (5) days of the determination of the initial review, the Public Works Department shall notify person in writing of the results of the initial review. The initial review shall be conducted by the Public Works Department.

(Ord. No. 2771 N.S. § 1; Ord. No. 2973 N.S. § 11)

(Ord. No. 3318 N.S., § 4, 5-3-2022)

a. Time to Request Hearing. If the person requesting the initial review is dissatisfied with the result, such person may request an administrative hearing of the violation no later than twenty-one (21) calendar days following the mailing of the notification of determination of initial review pursuant to subsection 8-12.3(d).

b. Manner of Requesting Administrative Hearing. An administrative hearing may be requested in the manner set forth in subsection 8-12.3(b). At the time the request is made, the person requesting the hearing shall choose whether the hearing will be by mail or in person. In the event the person fails to make a choice, the hearing will be in person.

c. Deposit of Penalty. The person requesting the administrative hearing shall deposit the full amount of the penalty at the same time the request for administrative hearing is made, unless such person is excused therefrom by obtaining an advance hardship waiver pursuant to section 8-12.4(d) of these rules of procedure. Failure to deposit the full amount of the penalty within the time prescribed herein shall result in the forfeiture of the right to an administrative hearing. The amount of the penalty shall be deposited with the Finance Department.

d. Advance Hardship Waiver; Application; Contents. Any person who intends to request a hearing to contest that there was a parking violation or an equipment violation or that they are not the responsible party, and who is financially unable to make the advance deposit of the penalty as provided in subsection 8-12.4(c) may request a waiver at the time the request for the administrative hearing is filed by completing and filing with the Finance Department an application for an advance hardship waiver. The application shall contain the following information:

1. A sworn affidavit or declaration by the person stating that he or she is unable to pay the penalty prior to the administrative hearing and stating the reasons therefor;

2. Such supporting documents or materials demonstrating to the satisfaction of the Finance Department the person's actual financial inability to deposit the full amount of the penalty in advance of the hearing.

e. Advance Hardship Waiver; Stay of Deposit; Determination of Waiver. The requirement of depositing the full amount of the penalty shall be stayed unless or until the Finance Department makes a determination not to issue the advance hardship waiver. Upon a finding that the affidavit, declaration and supporting materials demonstrate the actual financial inability of the person to deposit the full amount of the penalty in advance of the hearing, the Finance Department may waive the requirement of the advance deposit of the full amount of the penalty as provided for in subsection 8-12.4(c).

f. Advance Hardship Waiver; Determination to be in Writing. The Finance Department shall issue its determination in writing within ten (10) days of the request for an advance hardship waiver. If the Finance Department determines not to grant the advance hardship waiver, the reasons therefor shall be stated in the written notice of determination. The notice shall be mailed to the person requesting the advance hardship waiver by United States Mail, first class, postage prepaid. The determination of the Finance Department is final. If the request for an advance hardship waiver is denied, the party requesting the waiver must deposit the full amount of the penalty with the Finance Department within five (5) days of notification of the denial.

(Ord. No. 2771 N.S. § 1)

a. No Hearing without Deposit. No hearing to contest a notice of parking violation, notice of delinquent parking violation, or notice of equipment violation shall be held unless the fine has been deposited in advance in accordance with subsection 8-12.4(c) or an advance hardship waiver has been issued in accordance with subsection 8-12.4(d).

b. Hearing Date; Notice of Hearing. The hearing date shall not be more than ninety (90) days from the date that the request for hearing is filed in accordance with the provision of the rules of procedure. The Examiner shall serve written notice of the time, date and place of hearing in person or by first class mail. The hearing date shall not be less than fifteen (15) days from the date of mailing.

c. Minors. Minors may represent themselves without the necessity of appointing a guardian.

d. Alternate Hearing Procedures. The hearing may be conducted by mail or in person. If the person desires a hearing by mail, he shall deposit his declaration with the Finance Department at least two (2) business days before the administrative hearing.

e. Citation Prima Facie Evidence. The notice of parking violation or a copy thereof shall constitute prima facie evidence of the facts contained therein, and the officer need not be present at the hearing, and no other evidence is required.

f. Continuances. The person requesting the hearing or the Examiner may request one continuance not to exceed twenty-one (21) calendar days.

g. Conduct of an Administrative Hearing.

1. The Examiner shall receive the citation into evidence and shall ascertain that the defendant has a true copy.

2. The Examiner shall permit the defendant to call any witnesses on his or her behalf and may examine them at the conclusion of their testimony.

3. The Examiner may examine the physical site where the violation occurred if the Examiner determines that to do so would be in the interest of justice. The defendant may be present during the examination. The Examiner may continue the case to make such examination.

4. The officer or person issuing the notice of parking violation or equipment violation is not required to be present at the hearing. The City of Alameda does not have to produce evidence other than the notice of parking citation or equipment violation or a copy thereof and information received from the Department of Motor Vehicles identifying the owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.

5. The hearing shall be an independent, objective, fair and impartial review of the contested parking violation.

h. Conduct of Hearing by Mail. The Examiner shall consider all relevant written evidence and make his or her determination within ten (10) calendar days from receipt of the request for hearing by mail.

i. Notice of Decision. The Examiner's decision following the administrative hearing or hearing by mail shall be delivered to the person by the Examiner or sent first class mail. Following a determination by the Examiner, the Examiner may allow for deferred payment, or allow payment in installments if the person provides evidence satisfactory to the Finance Department of an inability to pay the amount in full.

(Ord. No. 2771 N.S. § 1)

Within thirty (30) days of personal delivery or after mailing the Examiner's decision pursuant to subsection 8-12.5(f), any person found to be in violation may seek review of the Municipal Court by filing an appeal. If an appeal is filed, a copy of the notice of parking violation or an abstract containing the information set forth in the notice of parking violation shall constitute prima facie evidence of the facts stated therein. Any appeal to the Municipal Court shall be governed by Vehicle Code Section 40230 as that section now exists or may be amended.

(Ord. No. 2771 N.S. § 1)