Chapter 10.28 — PARKING VIOLATION ENFORCEMENT

With the enactment of AB408, parking violations are removed from the court system and enforced via civil penalties, hereinafter referred to as fines. These fines may include but are not limited to administrative fees, assessment fees (court/jail construction), late payment penalties and costs of collection. The city council has the sole authority for setting penalties but will as much as possible attempt to maintain uniformity within the county.

(Prior code § 17174)

From time to time, the city council may review and reset the schedule of penalties or fines. This will be by resolution, and a current copy will be maintained in the city clerk's office, in the office of the parking program hearing officer, and in the Orland police department.

(Prior code § 17175)

A.

Assessments required by Section 76000 et seq. of the California Government Code will be forwarded to the county. This assessment will be submitted to the county no later than forty-five (45) days after the last day of the month in which the fine is collected.

B.

Assessments Shared by State. For those assessments which are required to be shared with the state, the amounts due will be forwarded to the State Comptroller in the same manner as provided for the county.

(Prior code § 17176(A), (B))

An additional administrative fee by the city will be added to each citation. This fee will defray the cost of the program. The amount of the fee will be established by resolution and deposited in the city's general fund.

(Prior code § 17176(C))

Any fine not paid by the required date (within ten (10) days of the date of the notice of violation), as fixed on the notice of violation, shall incur an additional late payment penalty of fifty (50) percent of the basic fine.

(Prior code § 17176(D))

Any fine not paid within fifteen (15) days of a delinquent notice, will incur an additional delinquent fine of fifty (50) percent of the basic fine. Costs of collection of delinquent fines may also be added to this total.

(Prior code § 17176(E))

A.

Fines may be paid in person by cash, check or money order at Orland City Hall during normal working hours.

B.

Fines may also be paid by check or money order by mail.

C.

Termination of Action. Once fines have been received by the city, no further actions will be taken concerning the notice of violation. The terminated notices will be placed on file at the Orland police department as with other public records.

(Prior code § 17177)

A.

For a period of twenty-one (21) days from the issuance of the notice of violation a person may request an administrative review of the violation by written request, by telephone or in person.

B.

Included with delinquent notices will be a statement that renewal of the registration of the vehicle, receipt of state income tax returns and payment of state lottery winnings will be contingent upon payment of fines due to the city.

C.

Photostatic or electronic copies of violations may be ordered by violators who have lost or claim nonreceipt of notices. The police department may charge a fee sufficient to cover the cost of such copies, not to exceed two dollars ($2.00) each.

D.

If the person is dissatisfied with the results of a requested administrative review, he or she may contest the violation by depositing with the city the amount of the fine along with a written request for an administrative hearing, detailing an explanation for the reason to contest the violation. This request must be filed within ten (10) days of city's mailing of the results of the administrative review.

(Prior code § 17178)

No person, except the chief of police through the placement of temporary authorizing signs, may alter the provisions of any parking restrictions. No person, especially an enforcement officer, may authorize anyone to violate parking rules or regulations.

(Prior code § 17179)

A.

If a vehicle is attended during the time the enforcement officer is issuing the notice of violation, the officer will deliver the notice in person.

B.

If the vehicle is unattended, the officer will affix the completed notice either under the windshield wiper or in another conspicuous place so as to be observable by the driver upon the return of that person. The citation must be affixed to the vehicle so that it will not be blown away and will be visible to the driver when he or she returns.

C.

If, for any reason, the driver removes the vehicle and leaves the area while the officer is in the process of issuing the notice, it shall be mailed upon receipt of an address from Department of Motor Vehicles. The notice will indicate these circumstances.

D.

No person, including the issuing officer, is authorized to alter, conceal or destroy any notice once it has been initiated.

(Prior code § 17180)

Notices lacking required information or incorrect essential information may be dismissed outright by a hearing officer. This is called summary dismissal and occurs because the city has failed to adequately establish a prima facie case. The notice of violation will as a minimum provide the following statutorily required information:

A.

Violation identification;

B.

Approximate time;

C.

Location;

D.

Vehicle license number;

E.

Registration expiration date;

F.

Last four digits of VIN;

G.

Color of vehicle;

H.

Make of vehicle.

(Prior code § 17181)

A notice of violation that contains the statutorily required information (as outlined above) is considered to establish a prima facie case. To rebut this, a respondent must be able to present credible and sufficient evidence to create doubt about the validity of the information listed.

(Prior code § 17182)

Any vehicle cited five or more times within any period of five or more days and to which the owner has not responded may be seized or immobilized.

(Prior code § 17183)

A registered owner must be notified whenever a violation issued to the vehicle is delinquent. This may be satisfied when the processing agency mails a notice to the last known address of the owner on file at the Department of Motor Vehicles.

(Prior code § 17184)

The registered owner of a vehicle may transfer responsibility for the violation to a lessee or renter but only if the name, address and California driver's license number are provided to the processing agency within thirty (30) days of the mailing date of the delinquent notice. If this is not done, there is no requirement to transfer responsibility.

(Prior code § 17185)