Article II — Private Parking Facilities

Unless the context otherwise requires, the definitions in this section govern the construction of this article.

Business hours means the period from one hour before a business is open for customers until the business's closing time for customers. For parking spaces designated for users of automated teller machines, employee, tenant or other noncustomer reserved parking, business hours means 24 hours a day unless otherwise specified by signage in the off-street parking lot.

Mail-in parking fee means a fee assessed by a private parking operator for unauthorized parking in an off-street parking lot.

Notice of a parking fee means a written document affixed to a vehicle which notifies the vehicle driver of a mail-in parking fee that is due as a result of unauthorized parking in an off-street parking lot.

Off-street parking lot means privately owned property that is generally held open to the public for the parking of vehicles.

Person means a natural person, firm, company, corporation, partnership, or association.

Private parking operator means a person who owns or controls, or person who acts on behalf of a person who owns or controls, an off-street parking lot.

Unauthorized parking or parked without authorization means circumstances where the operator of a vehicle: (1) fails to comply with restrictions, policies, notices or regulations posted or displayed in the off-street parking lot or otherwise conveyed by the private parking operator; (2) fails to pay (or properly display proof of payment) for parking at any pay and park facility; (3) leaves a vehicle parked over-time at an off-street parking lot for a period of time in excess of the amount paid for or permitted (as determined by the private parking operator); (4) parks in a "no parking," red zone, yellow zone, loading zone, fire lane, or nondesignated parking space of a parking facility; or (5) blocks, impedes, or restricts another vehicle's ability of egress or ingress or otherwise obstructs the orderly flow of traffic. (Ord. 901 § 1, 2016)

This article applies to all areas within the city of Pleasant Hill. (Ord. 901 § 1, 2016)

• A. During normal business hours a private parking operator may charge a mail-in parking fee to owners of vehicles parked in the lot without authorization.

• B. Where a private parking operator of an off-street parking lot of a closed business has authorized a valet parking service to utilize the parking facility for valet parking and signs are posted prohibiting public parking, a private parking operator may charge a mail-in parking fee to owners of vehicles parked in the lot without authorization outside of normal business hours.

• C. Where an off-street parking lot of a closed business utilizes a parking meter, lock-box, or other device requiring payment before parking, a private parking operator may charge a mail-in parking fee to owners of vehicles parked in the lot without authorization outside of normal business hours.

• D. Where a vehicle is parked in a "no parking," red zone, yellow zone, loading zone, or nondesignated parking space of an off-street parking lot of a closed business, a private parking operator may charge a mail-in parking fee to the owner of such vehicle outside of normal business hours.

• E. Except as provided in subsections B, C and D of this section, no mail-in parking fee shall be charged by a private parking operator outside of normal business hours for parking spaces designated for customer parking only during business hours.

• (Ord. 901 § 1, 2016)

The mail-in parking fee charged under this article shall not exceed the initial amount of bail for violation of PHMC § 10.15.020 (parking in red zone). Late fees of $15.00 may be charged if the initial mail-in parking fee remains unpaid after 21 days from date of issuance of the notice of parking fee. If the mail-in parking fee is disputed in accordance with the provisions of this article, a late fee equal to $15.00 shall be imposed 21 days from the date of the applicable administrative hearing decision requiring payment of such fee. The private parking operator is not authorized to add any fees from the Department of Motor Vehicles to the late fee authorized above. (Ord. 901 § 1, 2016)

In addition to meeting the requirements of PHMC § 10.15.220, signs indicating any restrictions on parking in an off-street parking lot shall be posted as required by this section.

• A. No mail-in parking fee shall be charged and no notice of parking fee shall be issued unless there are signs in place substantially in the form required by this article.

• B. Signs not less than 17 by 22 inches in size with lettering not less than one inch in height must be posted at each entrance to the lot and must include statements to the effect that the off-street parking lot is subject to public moving vehicle laws and violators may be subject to a mail-in parking fee or removal.

• C. Additional signs or notices shall be posted and visible from each restricted parking space identifying any applicable parking restrictions. Where different restrictions apply to parking spaces with common entrances and exits, the restrictions applicable to each space shall be clearly delineated.

• D. The city traffic engineer is hereby authorized to approve additional sign locations and to establish uniform sign sizes, colors, sizes of lettering, and other information that may be required on all signs in order to be in compliance with this section. If the city traffic engineer establishes such criteria, all signs required by this section shall be brought into compliance within 180 days.

• E. Signs which indicate that a customer may park for no fee shall indicate whether the authorized parking is only for the time the customer is on the premises or whether it is for a limited duration of time. In the absence of such designation, a customer shall not be charged a mail-in parking fee.

• F. Nothing in this section shall be construed as to modify the authority of the city to issue citations for violations of this title regarding traffic and motor vehicles.

• (Ord. 901 § 1, 2016)

• A. Each notice of parking fee shall:

  1. Contain at the top of the notice in at least 12-point print the words "INVOICE" followed by "PARKING FEE IMPOSED BY XXX" (inserting the name, telephone number and location of the private parking operator or off-street parking lot where the notice was issued).

  2. If a notice of parking fee is issued for unauthorized parking in a customer-only parking space, contain in at least 10-point print the listed telephone number of the business or property owner whose customers are designated to use the customer-only parking and the listed telephone number of the private parking operator.

  3. End with the legend, in at least 12-point type, "This parking fee notice is not issued by the City of Pleasant Hill."

  4. State that the business or property owner identified in subsection A of this section may cancel the mail-in parking fee at any time for any reason.

  5. Provide fair notice of the dispute resolution procedure described in PHMC § 10.15.260. No notice of parking fee shall display any feature that resembles a city of Pleasant Hill parking citation or city logo. The notice of parking fee shall be a color distinctive from a city parking citation.

• B. No private parking operator shall use the terminology of Pleasant Hill ordinances or resolutions that is restricted to governmental law enforcement in its notices of parking fees or in parking fee invoices.

• (Ord. 901 § 1, 2016)

Every private parking operator issuing notices of parking fees shall establish a written dispute resolution policy for contested parking fees that shall comply with this article. A copy of the current policy shall be filed with the police department. Every such policy shall contain the provision that allows the business or property owner who has issued the notice of parking fee, or authorized notices to be issued, to cancel the notice and parking fee at any time for any reason. The availability of this cancellation remedy shall be printed on every notice.

• A. For a period of 21 calendar days from the issuance of a notice of parking fee or 14 calendar days from the mailing of a notice of delinquent parking fee, exclusive of any days from the day the processing agency receives a request for a copy or facsimile of the original notice of parking fee and the day the processing agency complies with the request, a person may request an initial review of the notice by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the parking fee appropriate in the interest of justice, the issuing agency shall cancel the notice of parking fee or notice of delinquent parking fee. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subsection B of this section for waiving prepayment of the parking penalty based upon an inability to pay.

• B. If the person is dissatisfied with the result of the initial review, the person may request an administrative hearing of the parking fee no later than 21 calendar days following the mailing of the results of the issuing agency's initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking fee with the processing agency. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the parking fee upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this section. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.

• C.

The administrative hearing 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 of Pleasant Hill.

2. If the person requesting the hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking fee without the necessity of the appointment of a guardian. The processing agency 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 issuing agency and approved by the city of Pleasant Hill. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations.

4. a. The issuing agency's governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. 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 or parking citation, collection, or issuance. The examiner shall be separate and independent from the parking fee collection or processing function. An examiner's continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of parking fees collected by the examiner.

   • b. Examiners shall have a minimum of 20 hours of training. The examiner is responsible for the costs of the training. The private parking operator may reimburse the examiner for those costs. Training may be provided through (i) an accredited college or university, (ii) a program conducted by the Commission on Peace Officer Standards and Training, (iii) American Arbitration Association or (iv) any program approved by the city of Pleasant Hill, including a program developed and provided by, or for, the agency. Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Upon the approval of the city of Pleasant Hill, up to 12 hours of relevant experience may be substituted for up to 12 hours of training. In addition, up to eight hours of training requirements described in this subsection may be credited to an individual, at the discretion of the city of Pleasant Hill, based upon training programs or courses described in subsections C.4.b.i to iv of this section, inclusive, that the individual attended within the last five years.

5. The person who issues a notice of parking fee shall not be required to participate in an administrative hearing; provided, that at the time of the initial review, either a time stamped photograph of the alleged violation or an affidavit signed by the person issuing a notice of a parking fee is provided to the person who received a notice of a parking fee. The issuing agency shall not be required to produce any evidence other than the notice of parking fee or copy thereof and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.

6. The examiner's decision following the administrative hearing may be personally delivered or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial.

The examiner or the issuing agency may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines established by the issuing agency, allow payment of the parking fee in installments, or the issuing agency may allow for deferred payment, if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of an inability to pay the parking penalty in full. If authorized by the city of Pleasant Hill, the examiner may permit the performance of community service in lieu of payment of a parking penalty. (Ord. 901 § 1, 2016)

• A. Every private parking operator who issues notices of parking fees shall register with the police department before doing business in the city.

• B. The registration shall include:

  1. The name, address and telephone number of the private parking operator.

  2. The names, home and business addresses and telephone numbers of each person owning 10% or more of the business.

  3. The city of Pleasant Hill business license number of the business.

  4. A list of all off-street parking lots where mail-in parking fees are charged, which shall be updated within one month of any change.

  5. The name, address and telephone number of each contact person or person authorized to resolve disputes for each off-street parking lot.

  6. A copy of the dispute resolution procedures required under PHMC § 10.15.260.

  7. Such other information as may enable the police department to determine compliance with this article.

• (Ord. 901 § 1, 2016)

• A. No private parking operator shall:

  1. Utilize the Denver boot or other similar device that is attached to the vehicle and which immobilizes the vehicle;

  2. Pay any employee or independent contractor a salary or fee that is in any way based on either the number of notices of private parking fees they issue or the number or percentage of disputed invoices adjudicated that uphold parking fees;

  3. Take any action or threaten to take any action to collect, or contact another person who takes or threatens to take any action to collect, an unpaid notice of a parking fee, other than to seek establishment of the debt in a judicial proceeding;

  4. Report or threaten to report an unpaid notice of a parking fee to a credit bureau or a collection agency unless a court or other judicial proceeding has established the debt;

  5. Issue a parking receipt to drivers without including language stating that violators may be subject to a parking invoice fee.

• B. All persons employed by a private parking operator shall wear uniforms that identify them as private parking enforcement officers or private security officers. The uniform, badge or insignia shall be separate and distinct in appearance from uniforms, badges or insignia worn by local law enforcement agencies. Private parking operator staff must be in uniform during any enforcement activities.

• (Ord. 901 § 1, 2016)

Notwithstanding any provision of this municipal code or other applicable rule or regulation, a private parking operator may, without the permission of the owner or driver of a vehicle, immediately tow any vehicle parked without authorization at an off-street parking lot if within a calendar year (A) the vehicle was parked without authorization at any of such private parking operator's private parking facilities within the city of Pleasant Hill a total of four or more times, (B) the private parking operator issued a notice of parking fee with respect to such unauthorized parking, and (C) three or more such violations, fees remain unpaid. Removal of the vehicle pursuant to this section may be concurrent with the fourth violation of unauthorized parking and no notice of parking fee need be issued for the fourth violation. (Ord. 901 § 1, 2016)

It shall be unlawful, and an unfair business practice within the meaning of Business and

Professions Code section 17200, for any person to charge a mail-in parking fee or to issue or cause to be issued a notice of parking fee that is not in compliance with this article. A notice of parking fee that does not comply with this article is invalid. (Ord. 901 § 1, 2016)