Chapter 10.60 — PARKING VIOLATIONS, PROCEDURES AND APPEALS

Except as otherwise provided, violations of any provision of Chapters 10.36, 10.40, and 10.44 of this title, a "parking violation" shall be punishable by a civil penalty (a "parking penalty"). These parking penalties, together with any late payment penalties, administrative fee, and other related charges shall be established by ordinance or resolution of the City Council.

(Ord. 00-06 § 2 (part))

The amount of the parking penalty applicable to a parking violation and the time and procedure for the registered owner or the lessee or rentee of the vehicle to deposit the parking penalty or contest the penalty shall be indicated upon the notice of parking violation when it is served by being affixed to the vehicle or as otherwise provided by law. If the parking penalty is not paid within the time and in the manner stated on the notice of parking violation, the Police Department or its designated processing agency shall deliver or mail to the registered owner of the vehicle a notice of delinquent parking violation. (Ord. 00-06 § 2 (part))

A. Within twenty-one (21) calendar days of the issuance of a notice of parking violation or within fourteen (14) calendar days from the mailing of a notice of delinquent parking violation (whichever is later), a person may request, in writing to the city's contracted parking vendor, a first level review of the violation by the Police Department. Upon this review, the notice of parking violation or notice of delinquent parking violation and all penalties and fees may be canceled by the Police Department if a determination is made that either the violation did not occur, that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, or that the registered owner was not responsible for the violation; however, under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation. The decision of the Police Department shall be mailed to the person requesting review. B. If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing (second level review) of the violation no later than twenty-one (21) calendar days following the date of the mailing of the results of the Police Department's initial review. The request must be made in writing. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the city's parking vendor. If the person provides proof of financial inability to deposit the full amount of the parking violation (according to the standards developed and included in the Police Department's notice of decision upon final review), the requirement for payment of the parking penalty as a prerequisite to contesting it shall be waived. The administrative hearing shall be held within ninety (90) calendar days following the receipt of a request for an administrative hearing. The person requesting the hearing may request one continuance, not to exceed twenty-one (21) calendar days. The administrative process shall include the following: 1. The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the city; 2.

If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian. The city's parking vendor may proceed against the minor in the same manner as against an adult; 3. The administrative hearing shall be conducted in accordance with written procedures established by the Police Department and the city's parking vendor and approved by the City Manager and the City Attorney; 4. The city's parking vendor shall appoint a qualified examiner to conduct the administrative hearing. Examiners shall demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement, parking citation, processing, collection, or issuance; 5. Upon completion of the hearing, the parking examiner may cancel the notice of violation and all penalties and fees if a determination is made that either the violation did not occur, that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, or that the registered owner was not responsible for the violation. The decision of the parking examiner shall be mailed or personally delivered to the appellant. C. Within thirty (30) calendar days after the mailing or personal delivery of the final decision of the second level review the contestant may seek review by filing an appeal to be heard by the Superior Court of California, County of Contra Costa, 640 Ygnacio Valley Rd., Walnut Creek, CA 94596. (Ord. 00-06 § 2 (part))

Violations of traffic orders adopted under this chapter shall be punished as provided in Sections 40000.1 and 42001 of the California Vehicle Code. (Ord. 00-06 § 2 (part))