Ceres Municipal Code Ch. 03 Parking Citations

A. Any person receiving a parking citation issued by Police Officer or other authorized personnel, may appeal the parking citation to the Police Department within ten business days from the date the citation was issued. When a parking citation is issued by mail, the appeal must be made within ten business days from the date the citation was mailed. Such appeal may be made in person, by telephone, or in writing.

B. Upon receipt of the request for review of the parking citation, the police department shall cause such citation to be reviewed for compliance with all applicable codes and appropriateness.

C. If the department finds there are grounds for cancellation, the findings shall be entered on the record and the parking citation shall be canceled.

D. Results of the initial review shall be sent to the contestant within 15 days from the date the request is received.

E. If the contestant is dissatisfied with the results of the initial review, within ten days of mailing of the results of the initial review, the contestant may request a hearing, made in writing specifying the grounds for contesting the results of the initial review, and depositing all applicable fines. As soon as practicable after receiving the request for a hearing, the City Manager shall appoint a Hearing Officer and fix a date, time, and place for the hearing but in no instance shall such hearing be set later than 45 days after the request is received. Written notice of the time and place of the hearing shall be served not less than five days prior to the date of the hearing, unless otherwise provided elsewhere in this Code, to the party responsible for the violation and anyone else who received notice of the parking citation by any one of the following means:

1. Personal service; or

2. First-class mail. Service by first-class mail in the manner described above shall become effective on the date of mailing.

F. Failure of any person to request a hearing in accordance with the provisions of this section shall constitute a waiver of such person's right to a hearing for adjudication of the parking citation, or any portion thereof, and adjudication of the total amount of the fine.

G. The Hearing Officer shall consider any written or oral evidence consistent with its rules and procedures for public hearings regarding the following issues:

1. The Chief of Police or his/her designee shall present information or testimony relating to the violation and the appropriate means of correcting the violation if applicable.

2. The owner or agent or person responsible for the violation or any other interested person may present relevant testimony or evidence concerning the violation.

H. The Hearing Officer shall establish and promulgate all appropriate rules and procedures for conducting hearings and rendering decisions pursuant to this section.

I. The decision of the Hearing Officer regarding any appeal shall be final and binding.

J. The Hearing Officer may reduce, waive, or conditionally reduce the fines stated in the citation or any late fees assessed, but in no event can the Hearing Officer reduce the fine below the minimum established by resolution of the City Council. The Hearing Officer may also impose conditions and deadlines by which to correct the violation or pay any outstanding fine.

K. Failure of any person to appear at the scheduled time and place for the hearing shall not preclude the Hearing Officer from conducting the hearing at such time.

1. The person requesting the hearing shall, upon request, be entitled to a single continuance of the hearing time and date.

(Ord. No. 2020-1056, § 3, 2-24-2020)