Union City Municipal Code Ch. 10.39 Parking Violations

A. Any violation governing the standing or parking of a vehicle under this code, under any Federal statute or regulation, or under any provision of the Vehicle Code is subject to a civil penalty. The enforcement of those civil penalties shall be governed by the civil administrative procedures set forth in this chapter.

B. Except as provided in Section 10.39.130, the registered owner and driver, rentee or lessee of a vehicle noticed for any violation of any regulation governing the parking of a vehicle under this code, under any Federal statute or regulation, or under any provision of the Vehicle Code shall be jointly liable for parking penalties imposed under this chapter, unless the owner can show that the vehicle was used without consent of that person, express or implied. An owner who pays any parking penalty, civil judgment, costs or administrative fees pursuant to this chapter shall have the right to recover the same from the driver, rentee or lessee.

C. The driver of a vehicle who is not the owner thereof but who uses or operates the vehicle with the express or implied permission of the owner shall be considered the agent of the owner to receive notices of parking violations served in accordance with this chapter and may contest the notice of violation.

(Ord. 417-93, 1993)

A. The City may elect to contract with the county, with a private vendor, or with any other city or county issuing agency, other than the Department of the California Highway Patrol, within the county, with the consent of that entity, for the processing of notices of parking violations and notices of delinquent parking violations, prior to filing with the court pursuant to Section 10.39.210. If the City contracts with a private vendor for processing services, it shall have special consideration to minority business enterprise participation in providing those services. For the purposes of this subsection, special consideration has the same meaning as specified in subdivision (c) of Section 14838 of the California Government Code, as it relates to small business preference.

B. Any contract entered pursuant to subsection A of this section shall provide for monthly distribution of amounts collected between the parties, except those amounts payable to a county pursuant to Chapter 12 (commencing with Section 76000) of Title 8 of the California Government Code and amounts payable to the Department of Motor Vehicles pursuant to Section 4763 of the Vehicle Code.

(Ord. 417-93, 1993)

If a contract is entered into pursuant to Section 10.39.020, for the purposes of this chapter, "processing agency" means the contracting party responsible for the processing of the notices of parking violations and notices of delinquent parking violations.

(Ord. 417-93, 1993)

For a period of twenty-one days from the issuance of the notice of parking violation or ten days from the mailing of the notice of delinquent parking violation, a person may request review by the processing agency, or at the discretion of the processing agency, by the issuing agency, of the issuance of a notice of parking violation or a notice of delinquent parking violation by written request, telephone or in person. If the person is dissatisfied with the results of the initial review, the person may contest through an administrative review process the notice of parking violation or notice of delinquent parking violation by depositing with the processing agency by the tenth day following the mailing to that person of the results of the processing agency's administrative investigation, the full amount of the parking penalty and a written explanation of the reason for contesting the parking violation. The processing agency shall provide, through administrative policy, a procedure for contesting notices of parking violations and notices of delinquent parking violations for persons who can provide verifiable and substantial proof of their inability to deposit the full amount of the parking penalty. If a vehicle has been immobilized or impounded for unpaid violations, the processing agency shall provide that the vehicle remains under the control of the immobilizing or impounding agency, and permit the registered owner of the vehicle to contest the parking violations related to the seizure of that vehicle without requiring the deposit of the parking penalties.

(Ord. 417-93, 1993)

A. If a vehicle is unattended during the time of the violation, the police officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the violation, including reference to the section of this code, or of the Vehicle Code, or the Federal statute or regulation so violated, the approximate time thereof, and the location where the violation occurred and fixing a time and procedure for the registered owner or the lessee or rentee to deposit the parking penalty or, pursuant to Section 10.39.160, contest the citation. The notice of parking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is visible through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein.

B. The notice of parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person.

C. Once the issuing officer has prepared the notice of parking violation and has attached it to the vehicle as provided in subsections A and B of this section, the officer shall file the notice with the processing agency. Any person, including the issuing officer or any other City employee who alters, conceals, modifies, nullifies or destroys, or causes to be altered, concealed, modified, nullified or destroyed the face of the remaining original or any copy of a notice of parking violation that was retained by the officer, for any reason, before it is filed with the processing agency or with a person authorized to receive the deposit of the parking penalty, is guilty of a misdemeanor.

D. If, during the issuance of a notice of parking violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the notice to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within fifteen days of issuance of the notice of parking violation, a copy of the notice of parking violation to the registered owner.

E. If, after a copy of the notice of parking violation is attached to the vehicle, the issuing officer determines that, in the interest of justice, the notice of parking violation should be canceled, the issuing agency may recommend, in writing, that the charges be canceled. The recommendation shall cite the reasons for the recommendation and shall be filed with the processing agency.

F. If the processing agency makes a finding that there are grounds for cancellation, the finding shall be entered on the record and the notice of parking violation shall be canceled pursuant to subsection (A)(1) of Section 10.39.160.

G. Under no circumstances shall a personal relationship with any officer, public official or law enforcement agency be grounds for cancellation.

(Ord. 417-93, 1993)

The notice of parking violation shall be accompanied by a written notice of the parking penalty due for that violation and the address of the person authorized to receive a deposit of the parking penalty, to whom payments may be sent, and a statement in bold print that payments of the parking penalty for parking violations may be sent through the mail.

(Ord. 417-93, 1993)

A. The schedule of parking penalties for parking violations, late payment penalties, administrative fees and other related charges for parking violations shall be established by Council resolution.

B. Parking penalties under this section shall be collected as civil penalties.

(Ord. 417-93, 1993)

If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to the parking violation, the proceedings under the section shall terminate.

(Ord. 417-93, 1993)

If a person contests the parking violation, the processing agency shall proceed in accordance with Section 10.39.160.

(Ord. 417-93, 1993)

A. If the payment of parking penalty is not received by the person authorized to receive a deposit of the parking penalty by the date fixed on the notice of parking violation under Section 10.39.040, the processing agency shall deliver to the registered owner, a notice of delinquent parking violation.

B. Delivery of a notice of delinquent parking violation under this section 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.

(Ord. 417-93, 1993)

A. Within fifteen days of a request, by mail or in person, the processing agency shall mail or 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 parking violation, or an electronically produced facsimile of the original notice of parking violation. The City shall charge a fee sufficient to recover the actual cost of providing a copy to the processing agency, if necessary, not to exceed two dollars. If the processing agency requests a copy of the original notice of parking violation from the issuing agency, the processing agency may not proceed pursuant to subdivision (i) of Section 22651, Section 22651.7, or Section 40220 of the Vehicle Code until the issuing agency has complied with that request.

B. If 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, the processing agency shall, on written request of the person, cancel the notice of parking violation without the necessity of an appearance by that person.

C. For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile.

(Ord. 417-93, 1993)

The notice of delinquent parking violation shall contain the information specified in Section 10.39.040 and subsection A of Section 10.39.050, and additionally shall contain a notice to the registered owner that, unless the registered owner pays the parking penalty, or contests the notice of violation within ten days after mailing of the notice of delinquent parking violation, or completes and files an affidavit of nonliability which complies with Section 10.39.130 or 10.39.140. If the registered owner, by appearance or by mail, makes payment to the processing agency within ten days of the mailing of the notice of delinquent parking violation, the parking penalty shall consist of the amount of the original penalty without additional administrative fees or charges.

(Ord. 417-93, 1993)

The notice of delinquent parking violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing the affidavit, and instructions for returning the affidavit to the issuing agency.

(Ord. 417-93, 1993)

If the affidavit of nonliability is returned to the processing agency within thirty days of the mailing of the notice of delinquent parking 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 processing agency shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a notice of delinquent parking violation. If payment is not received within fifteen days of the mailing of the notice of delinquent parking violation, the processing agency may proceed against the rentee or lessee pursuant to Section 10.39.170.

(Ord. 417-93, 1993)

A. If the affidavit of nonliability is returned with evidence that the registered owner served has made a bona fide sale or transfer of the vehicle and has delivered possession thereof to the purchaser prior to the date of the alleged violation, the processing agency shall obtain verification from the Department of Motor Vehicles that the registered owner has complied with Section 5602 of the Vehicle Code.

B. If the registered owner has complied with Section 5602 of the Vehicle Code, the processing agency shall cancel the notice of delinquent parking violation with respect to the registered owner.

C. If the registered owner has not complied with Section 5602 of the Vehicle Code, the processing agency shall inform the registered owner that the notice of violation shall be paid in full or be contested pursuant to Section 10.39.160. If the registered owner does not comply, the processing agency shall proceed pursuant to Section 10.39.170.

(Ord. 417-93, 1993)

If the registered owner, or an agent of the registered owner, or a rentee or lessee who was served with the notice of delinquent parking violation pursuant to Section 10.39.090 or Section 10.39.130, or any other person who presents the notice of parking violation or notice of delinquent parking violation has been issued for delivery under Section 10.39.090, deposits the parking penalty with a person authorized to receive it, the processing agency shall proceed in the manner prescribed in Section 40211 of the Vehicle Code(d) through (a) .

(Ord. 417-93, 1993)

A. If a person contests a notice of parking violation or a notice of delinquent parking violation, the processing agency shall do the following:

1. The processing agency shall either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the notice of parking violation with respect to the contestant's written explanation of the reasons for contesting the parking violation. If, based upon the results of that investigation, the processing agency is satisfied that the violation did not occur or that the registered owner was not responsible for the violation, the processing agency shall cancel the notice of parking violation and make an adequate record of the reasons for canceling the notice. The processing agency shall mail the results of the investigation to the person who contested the notice of parking violation or the notice of delinquent parking violation.

2. If the person contesting a notice of parking violation or notice of delinquent parking violation is not satisfied with the results of the investigation provided for in subsection (A)(1) of this section, the person may, within fifteen days of the mailing of the results of the investigation, deposit the amount of the parking penalty and request an administrative review.

B. Administrative review procedure described in subsection (A)(2) of this section shall consist of the following:

1. The person requesting an administrative review shall indicate to the processing agency his or her election for a review by mail or in personal conference.

2. If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for a parking violation without the necessity of the appointment of a guardian. The processing agency may proceed against that person in the same manner as if that person were an adult.

3. The administrative review shall be conducted before an examiner designated to conduct the review by the City Council or the City Manager. In addition to any other requirements of employment, an examiner shall demonstrate those qualifications, training and objectivity prescribed by the City Council or City Manager as are necessary and which are consistent with the duties and responsibilities set forth in this article. The examiner's continued employment, performance, evaluation, compensation and benefits shall not be directly or indirectly linked to the amount of fines collected by the examiner.

4. The officer or person authorized to issue a notice of parking violation shall not be required to participate in an administrative review. 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.

5. The review shall be conducted in accordance with a written procedure established by the posing or processing agency which shall insure fair and impartial review of contested parking violations. The agency's final decision may be delivered personally to the person by the examiner or to the person by first class mail.

(Ord. 417-93, 1993)

The processing agency, in order to collect unpaid parking penalties, shall proceed as provided by Section 40220 of the Vehicle Code(c) through (a) .

(Ord. 417-93, 1993)

The processing agency shall terminate proceedings on the notice of delinquent parking violations in accordance with the provisions of Section 40222 of the Vehicle Code(c) through (a) .

(Ord. 417-93, 1993)

If the notice of delinquent parking violation is filed with the Department of Motor Vehicles under subdivision (b) of Section 40220 of the Vehicle Code, and the Department returns the notice of delinquent parking violation by notice of noncollection pursuant to subdivision (b) of Section 4760 or Section 4764 of the Vehicle Code, the processing agency may elect to do either of the following:

A. Except as provided by Section 40222 of the Vehicle Code, file a complaint with the court, together with supporting documents and other evidence pursuant to Section 10.39.210;

B. Cancel the notice of delinquent parking violation, in which case no further proceeding shall occur.

(Ord. 417-93, 1993)

A. An equipment violation entered on the notice of parking violation attached to the vehicle under Section 10.39.050 shall be processed in accordance with this section. All of the violations entered on the notice of parking violation shall be noticed in the notice of delinquent parking violation delivered pursuant to Section 10.39.090, together with the amount of the civil penalty.

B. Whether or not a vehicle is in violation of any regulation governing the standing or parking of a vehicle but is in violation of subdivision (a) of Section 5204 of this Vehicle Code, a person authorized to enforce parking laws and regulations shall issue a written notice of violation, setting forth the alleged violation. The violation shall be processed in accordance with this section.

C. The civil penalty for an equipment violation is thirty dollars, except that upon proof of the correction to the processing agency, the penalty shall be reduced to ten dollars. The civil penalty for a violation of Section 5204 is sixty dollars.

D. Fifty percent of any penalty collected pursuant to this section for registration or equipment violations by a processing agency shall be paid to the State and the remaining fifty percent shall be retained by the City and the processing agency subject to the terms of their contract described in Section 10.39.020.

(Ord. 417-93, 1993)

A. Within twenty days after the mailing of the final decision described in subsection B of Section 10.39.160, the contestant may seek review by filing an appeal to the justice of the municipal court, where the same shall be heard de novo, except that the contents of the processing agency's file in the case shall be received in evidence. A copy of the notice of parking violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first class mail upon the processing agency by the contestant. For the purposes of computing the twenty-day period, Section 1013 of the Code of Civil Procedure shall be applicable.

B. The fee for filing the notice of appeal shall be twenty-five dollars. If the appellant prevails, this fee, together with any deposit of parking penalty, shall be promptly refunded by the processing agency in accordance with the judgment of the court.

C. If no notice of appeal of the processing agency's decision is filed within the period set forth in subsection A of this section, the decision shall be deemed final.

D. If the parking penalty has not been deposited and the decision is adverse to the contestant, the processing agency may, promptly after the decision becomes final, proceed to collect the penalty under Section 10.39.180.

(Ord. 417-93, 1993)