Napa County Municipal Code Ch. 10.32 Procedure for Civil Penalties

Pursuant to Vehicle Code Section 40200 et seq., as last amended by Statutes 1993, Chapter 1093, any violation of a regulation that is not a misdemeanor governing the standing or parking of a vehicle, or an equipment or registration violation, under any state or federal statute or regulation or any county ordinance, is no longer a criminal offense but is instead a civil violation subject to a civil penalty, administrative review procedures, and enforcement by impounding, immobilizing, registration holds, civil judgment, or combinations of the above.

(Ord. 1055 § 11 (part), 1993: prior code § 4800)

Pursuant to Vehicle Code Section 40203.5, all violations of this title which are specified as being subject to civil penalties shall be subject to those civil penalties, late penalties, administrative fees, and related fees and assessments specified by resolution of the board of supervisors and set forth in Part IV of the Napa County policy manual. Any reference in this title to "civil penalty" shall include all late penalties (if assessed), administrative fees, and related fees and assessments unless the context indicates otherwise.

(Ord. 1055 § 11 (part), 1993: prior code § 4801)

Pursuant to Vehicle Code Section 40200.5, the county as issuing agency for any citation ("notice of violation") for any parking, standing, equipment and registration violation issued by the sheriff, the California Highway Patrol, and/or the Bureau of Reclamation (referred to for purposes of this chapter as "issuing agencies") within the unincorporated area of the county, has elected to contract with a private vendor for the processing, collection, and administrative hearing of such notices of violations and notices of delinquent violation prior to appeal to the court by the contestant or the filing by county with the court of a civil judgment for amounts remaining unpaid. For purposes of this chapter, such vendor shall be referred to as "contract processing agency." A copy of the current contract shall be maintained on file with and be available for public inspection at, the office of the clerk of the board of supervisors during county business hours. The sheriff shall be responsible for forwarding such notices of violation to the contract vendor following issuance and for managing any subsequently required court proceedings.

(Ord. 1055 § 11 (part), 1993: prior code § 4802)

A. Routing of Notices of Violation. All notices of violation for violations which are subject to civil penalties and occur in the unincorporated area of the county shall be filed by the issuing officers with the sheriff. The sheriff shall forward the notices to the contract processing agency for collection, issuance of notices of delinquent violation, administrative review, administrative hearings (if requested) and such other enforcement actions as may be specified in the contract between the county and the contract processing agency.

B. Disbursement. All civil penalties, including related fees, assessments, and collection costs related to civil debt collection, collected under this chapter, for parking, standing, equipment or registration violations committed within the unincorporated area of the county shall be deposited (minus the contract collection fee and any fee charged by the Department of Motor Vehicles pursuant to Vehicle Code Section 4763 for recording a notice of delinquent violation) by the contract processing agency with or as designated by the Napa County treasurer on the first and fifteenth of each month and in all event no later than forty-five days after received by the contract processing agency. The Napa County treasurer shall be responsible for remitting the portion of the deposits attributable to fees and assessments required by state law and/or local ordinance or resolution to the appropriate local and state funds and for depositing the remainder into the county general fund.

C. Annual Audit Report. The contract processing agency shall prepare an audited report at the end of each county fiscal year setting forth the number of cases processed and all sums received and distributed, together with any other information requested in writing by the sheriff, California Highway Patrol, California State Police, Bureau of Reclamation, or Napa County auditor-controller. This report shall be a public record and a copy thereof shall be issued to each of the above agencies and, on request, to the Napa County grand jury.

D. Termination of Proceedings Upon Timely Compliance. When the prescribed civil penalty has been received by the contract processing agency, no notice of delinquent violation has been issued, and there has been no contest filed under the procedures set forth in Sections 10.32.060 though 10.32.110 of this chapter, the proceedings under this chapter against the cited person, registered owner, and vehicle shall cease and the monies received shall be disbursed in accordance with subsection (B) of this section.

(Ord. 1055 § 11 (part), 1993: prior code § 4803)

A. Issuance of Notice of Delinquent Violation to Registered Owner. If payment of the prescribed civil penalty is not received by the contract processing agency by the date fixed on the notice of violation pursuant to Vehicle Code Section 40202, the contract processing agency shall deliver to the registered owner a notice of delinquent violation. Such notice may be made by personal service or by first-class mail addressed to the registered owner as shown on the records of the Department of Motor Vehicles. The notice of delinquent violation shall contain that information specified in Vehicle Code Sections 40202, 40207 and 40208.

B. Timely Payment of Delinquent Notice by Registered Owner. If the registered owner, by appearance or by mail, makes payment to the contract processing agency within ten days of the mailing of the notice of delinquent violation, the civil penalty shall consist of the original civil penalty and assessments, without a late penalty or any additional administrative fees or charges.

C. Issuance of Notice of Delinquent Violation to Rentee or Lessee. If the affidavit of nonliability prescribed by Vehicle Code Section 40208 is returned to the contract processing agency within thirty days of the mailing of the notice of delinquent violation together with the proof of a written lease or rental agreement between a bona fide rental or leasing company, and its customer which identifies the rentee or lessee and provides the driver's license number, name and address of the rentee or lessee, the contract processing agency shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a new notice of delinquent violation. The contract processing agency shall cancel the notice of delinquent violation previously issued to the registered owner.

D. Collection from Rentee or Lessee. If payment of the civil penalty and assessments is received from the rentee or lessee within fifteen days of the mailing to such person of the new notice of delinquent violation, the civil penalty shall consist of the original civil penalty and assessments, without a late penalty or any additional administrative fees or charges. If payment of the civil penalty and assessments is not received within fifteen days of the mailing of this notice of delinquent violation to the rentee or lessee, and no request for administrative review has been received within ten days of the mailing, the county, directly or through its contract processing agency, may proceed to collect the civil penalty, late penalty, and all administrative fees and related fees and assessments, from the rentee or lessee by registration hold and/or the filing of a civil judgment in the matter prescribed by Vehicle Code Sections 40220 through 40224.

E. Collection When Vehicle Transferred Before Violation. If the affidavit of nonliability prescribed by Vehicle Code Section 40208 is returned to the contract processing agency within thirty days of the mailing of the notice of delinquent violation together with evidence that the registered owner has made a bona fide sale or transfer of the vehicle and delivered possession of the vehicle to the purchaser prior to the date of the violation, the contract processing agency shall obtain verification from the Department of Motor Vehicles of compliance by the registered owner with Vehicle Code Section 5602. Upon verification of such compliance, the contract processing agency shall cancel the notice of delinquent violation against the registered owner and may file a notice of violation against the purchaser. If such compliance is not verified by the Department of Motor Vehicles, the contract processing agency shall inform the registered owner that the notice of delinquent violation must be paid in full or contested pursuant to Sections 10.32.060 through 10.32.110, with the time for contesting running from the date of mailing of the notice of nonverification. If the registered owner does not comply and does not request administrative review pursuant to Sections 10.32.060 through 10.32.110 within ten days of receipt of the notice of nonverification, the county, directly or through its contract processing agency, may proceed to collect the civil penalty, late penalty, and all administrative fees and related fees and assessments, from the registered owner by registration hold and/or the filing of a civil judgment in the matter prescribed by Vehicle Code Sections 40220 through 40224.

F. Processing of Civil Penalties Deposited after Issuance of Notice of Delinquent Violation. Processing of any deposit made by any person of the prescribed civil penalty following issuance of a notice of delinquent violation shall include, at a minimum, the following procedures:

1. A copy (including a photostatic copy) of the notice of delinquent violation or an electronically reproduced listing of the citation information presented in the notice of delinquent parking violation shall be given by the contract processing agency to the person making the deposit, whose name, address and driver's license shall be recorded by the contract processing agency and forwarded to the issuing agency.

2. The contract processing agency shall determine whether the notice of delinquent violation has been filed with the Department of Motor Vehicles pursuant to Vehicle Code Section 40220(b) or a civil judgment has been entered pursuant to Vehicle Code Section 40220.

3. If the notice of delinquent violation has not been filed with the Department of Motor Vehicles or a civil judgment entered, proceedings under this chapter shall terminate upon receipt of the civil penalty and any applicable late penalties and assessments.

4. If the notice of delinquent violation has been filed with the Department of Motor Vehicles, but has been returned by that Department under subdivision (b) or (c) of Vehicle Code Sections 4760 or 4764, proceedings under this chapter shall terminate upon receipt of the civil penalty, any applicable late penalties, any administrative fee of the contract processing agency, and assessments.

5. If the notice of delinquent violation has been filed with the Department of Motor Vehicles and has not been returned by that Department under Vehicle Code Sections 4760, 4762 and/or 4764, proceedings under this chapter shall terminate upon receipt of the civil penalty, any applicable late penalty, the administrative fee of the Department of Motor Vehicles established under Vehicle Code Section 4763, and administrative fee of the contract processing agency, and assessments, and completion by the contract processing agency or, if the deposit is received by the county directly, by the county of both of the following:

a. Delivery of a certificate of payment to the registered owner, agent, lessee or the rentee or other person making the payment; and

b. Transmittal of the payment information to the Department of Motor Vehicles in the manner prescribed by that Department.

(Ord. 1055 § 11 (part), 1993: prior code § 4804)

If a person desires to contest a notice of violation or notice of delinquent violation issued for violation of a state or county parking, standing, equipment or registration violation allegedly committed within the unincorporated area of the county he shall, in accordance with Vehicle Code Section 40215, follow the procedure for administrative review provided for in this section through Section 10.32.110.

(Ord. 1055 § 11 (part), 1993: prior code § 4805)

A. For a period of twenty-one days from the issuance of the notice of violation or ten days from the mailing of the notice of delinquent violation, a person may request, in writing, by telephone, or in person, that the contract processing agency conduct an initial review of the contested notice.

B. Upon receipt of the request, the contract processing agency shall investigate the circumstances of the citation with respect to the contestant's written explanation, if any, relying upon the agency's own records and any further investigation by the issuing agency which is requested by the contract processing agency.

C. If, based upon such preliminary investigation, the contract processing agency is satisfied that the violation did not occur or that the registered owner was not responsible for the violation, the contract processing agency shall cancel the citation and make an adequate record of the reasons for such cancellation. In particular, cancellation shall be granted without the necessity of any appearance by the contestant if the contestant requesting preliminary investigation, when making a written request for cancellation, demonstrates that the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the contract processing agency is satisfied that the vehicle has not been incorrectly described due to intentional switching of license plates.

D. The contract processing agency shall mail the results of the preliminary investigation to the contestant.

(Ord. 1055 § 11 (part), 1993: prior code § 4806)

Within fifteen days of a request, by mail or in person, to the contract processing agency, the contract processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or his or her agent, a photostatic copy of the original notice of violation or an electronically produced facsimile of the original notice of violation. Once such a request has been made and the prescribed fee for the copy paid to the contract processing agency, the copy must be provided before the sheriff, California Highway Patrol, California State Police, or Bureau of Reclamation may impound the vehicle pursuant to Vehicle Code Section 22651(i) or immobilize the vehicle pursuant to Vehicle Code Section 22651.7 or the contract processing agency or any agency of the county may file a registration hold with the Department of Motor Vehicles or a civil judgment pursuant to Vehicle Code Sections 40220 through 40224.

(Ord. 1055 § 11 (part), 1993: prior code § 4807)

A. If the person contesting a notice of violation or notice of delinquent violation under Sections 10.32.060 through 10.32.110 is not satisfied with the results of the preliminary investigation and wishes further administrative review, the person shall, within fifteen days of the mailing of the results of the preliminary investigation, request an administrative hearing. The request for administrative hearing shall:

1. Be in writing;

2. Be directed or delivered to the address of the contract processing agency;

3. Be accompanied either by a deposit of the amount of the civil penalty prescribed for the violation or delinquent violation or by verifiable and substantial proof of inability to deposit the full amount, except no deposit or proof inability to deposit need be made if a vehicle has been impounded or immobilized for nonpayment of the violations and remains under the control of the impounding or immobilizing agency during all proceedings to contest the violations;

4. Shall indicate whether the contestant elects to have the hearing conducted by mail or by personal conference. If the hearing is by personal conference, the location thereof shall be determined by the hearing examiner.

B. If the person contesting the notice of violation or notice of delinquent violation is a minor, that person may appear at the hearing or admit responsibility for the violation without the necessity for appointment of a guardian, and the contract processing agency may proceed against that person in the same manner as if that person were an adult.

C. The issuing officer shall not be required to participate in the administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of parking violation or copy thereof, and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. Such documentation, if in proper form, shall be considered prima facie evidence of the violation.

D. The hearing shall be conducted in a fair and impartial manner in accordance with that written procedure approved by the board of supervisors as part of the board's contract with the contract processing agency.

E. At the conclusion of the hearing, the hearing examiner shall render a final decision in writing, a copy of which shall be delivered personally to the person by the hearing examiner (if the hearing was by personal conference) or by first-class mail (if the hearing was by mail).

(Ord. 1055 § 11 (part), 1993: prior code § 4808)

The hearing examiner referred to in Section 4807 shall be an employee or contractor of the contract processing agency whose assignment to this function has been reviewed and approved in writing by the Napa County administrator. The hearing examiner shall demonstrate those qualifications, training, and objectivity prescribed by the county administrator which are consistent with the duties and responsibilities set forth in Sections 10.32.060 through 10.32.110. The hearing examiner's continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fines collected as the result of his or her actions.

(Ord. 1055 § 11 (part), 1993: prior code § 4809)

A. In accordance with Vehicle Code Section 40230, a person contesting a final decision under Section 10.32.080 may seek review of such decision by filing an appeal, within twenty days after the mailing or personal delivery of the decision, with the Napa County municipal court. For purpose of computing the twenty-day period, Section 1013 of the Code of Civil Procedure shall be applicable. Such appeal shall be accompanied by the twenty-five dollar filing fee required by Vehicle Code Section 40230(b), which shall be retained by the court regardless of the outcome of the appeal.

B. A copy of the notice of appeal shall be served in person or by first-class mail by the contestant upon the contract processing agency and the sheriff.

C. Within fifteen days of the filing of the notice of appeal, the contract processing agency shall deliver its file to the court.

D. The court shall notify the contestant of the appearance date by mail or personal delivery.

E. The appeal shall be heard de novo, except that the content of the contract processing agency's file in the case shall be received in evidence and a copy of the notice of violation and/or notice of delinquent violation shall be admitted into evidence as prima facie evidence of the facts stated therein.

F. If the decision upon appeal is against the contestant and the civil penalty (including all fees and assessments) was deposited in full, the county shall retain the deposit. If the decision upon appeal is against the contestant and no deposit or only a partial deposit was made of the civil penalty, fees, and assessments due, the sheriff may proceed to collect the full amount by any of the methods specified in Vehicle Code Sections 40220 through 40224, including notification of the State Department of Motor Vehicles and/or the filing of a civil judgment. If the decision on appeal is for the contestant and a deposit of the civil penalty has been made, the deposit plus twenty-five dollars shall be returned to the contestant. If the decision on appeal is for the contestant but no deposit of the civil penalty was made, the county shall return twenty-five dollars to the contestant.

G. If no notice of appeal is filed within the time period set forth in subsection (A) of this section, the decision of the hearing examiner shall be deemed final and the sheriff may proceed to collect the civil penalty and all related fees and assessments in any fashion authorized by Vehicle Code Sections 40220 through 40224, including notification of the State Department of Motor Vehicles and/or the filing of a civil judgment in municipal court, the fee for which shall be paid by the county and assessed in the judgment as part of the costs thereof.

(Ord. 1055 § 11 (part), 1993: prior code § 4810)