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1993-09-14 - AGENDA REPORTS - SC ORD93-16 RESO93-118 (2)
City Manager Approv Item to be presented SteveStark NEW BUSINESS DATE: September 14, 1993 SUBJECT: Transfer of Parking Citations to the City of Santa Clarita Ordinance No.93-16 Resolution No. 93-118 DEPARTMENT: Finance The City of Santa Clarita must assume all parking violation responsibilities from the Newhall Municipal Court prior to January 1, 1994 as require by Assembly Bill 408 (Decriminalization of Parking Violations). The City will process all citation notices through a processing agency, hold administrative reviews and hearings; and place DMV holds on registrations for delinquent penalties. In order to provide for the orderly transfer of these responsibilities to the City, the City Council must authorize certain procedural steps. The first item, Ordinance No. 92-16, proposes to amend and add to the Santa Clarita Municipal Code certain sections related to parking violations which currently exist in the Los Angeles County Ordinance. Ordinance No. 93-16 amends Chapter 12.64 relative to stopping, standing, and parking regulations and Chapter 12.20 relative to traffic signs and signals. The second item, Resolution No. 93-118, Amending and Adding Parking Penalties and Other Related Charges for Parking Violations within the City, amends the schedule of parking penalties previously adopted by the City Council on June 22, 1993. The amended schedule reflects Santa Clarita Municipal Code violations rather than the Los Angeles County Code violations previously adopted and adds additional penalties not previously adopted by the City Council. The amounts of the penalties for the violations have not been changed. The third item is the proposed City of Santa Clarita Parking Citation Administrative Adjudication Manual. Assembly Bill 408 requires the City to adopt an administrative review and hearing process of contested citations to replace the complex court process that previously prevailed. A Hearing Examiner will be selected by the City Manager to review contested citations and render decisions in lieu of the judicial review process. The proposed manual sets forth guidelines to be utilized by the Hearing Examiner in rendering his or her decision on contested citations. The fourth item deals with the request to make budgetary appropriations to the Parking Enforcement Services Account (account No. 01-8008-227) from the Vehicle Code Fines Revenue Account (account No. 05-3310) in the amount of $10,000 to cover expenditures related to the processing of parking citations. Such expenditures will include costs for contractual services to Turbo Data Systems, Inc. for the processing of the citations, the cost of printing new citations to reflect changes per AB 408, legal services for the implementation of AB 408 requirements, and compensation to the City's Hearing Examiner. C2� �e p� 9-a8 9-�?-ii Adopted: 9—lel-Z3 Agondo Item: Staff will return to Council with remaining procedural steps which include Council approval of the agreement to transfer parking citation processing between the City and the Newhall Municipal Court. Staff anticipates having a full transition of parking citation responsibilities from the Court well before the January 1, 1994 deadline date. - Introduce Ordinance No. 93-16, waive further reading and pass to second reading. - Approve Resolution No. 93-118, Amending and Adding Parking Penalties and Other Related Charges for Parking Violations with the City. - Approve the proposed City of Santa Clarita Parking Citation Administrative Adjudication Manual.*- - Approve staff recommended budgetary transfer. ATTACHMENTS: Ordinance No. 93-16 Resolution No. 93-118 Proposed City of Santa Clarita Administrative Adjudication Manual (in the reading file at the City Clerk's office) * Parking Penalties Administrative Adjudication Manual in reading file in City Clerk's Office ORDINANCE NO. 93 -16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING THE SANTA CLARITA MUNICIPAL CODE BY ADDING AND AMENDING CERTAIN SECTIONS OF CHAPTER 12.64 RELATIVE TO STOPPING, STANDING, AND PARKING REGULATIONS AND AMENDING SECTION 12.20.130 OF CHAPTER 12.20 RELATIVE TO TRAFFIC SIGNS AND SIGNALS. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 12.64.010 is hereby added to the Santa Clarita Municipal Code to read as follows: 1112.64.010.Parking Time Limits. Whenever the City Council finds that on any portion of the highway or of any parking lot maintained or operated for the public by the city there is at any time lack of sufficient space to accommodate the operators of vehicles and that the time of parking should be limited so that everyone may have his fair turn, the City Engineer shall erect and maintain adequate signs along such portion of the highway specifying the limitation on the time of parking." SECTION 2. Section 12.64.250 is hereby added to the Santa Clarita Municipal Code to read as follows: "12.64.250 Double Parking Prohibited. A. A person shall not park any vehicle on the roadway side of a vehicle which is stopped, parked or standing on a highway at the curb or edge of the roadway. B. For the purpose of this section "roadway" is defined as that portion of the street which is improved. C. This section does not prohibit any action prohibited by Section 22500 of the Vehicle Code or any other state law." SECTION 3. Section 12.64.255 is hereby added to the Santa Clarita Municipal Code to read as follows: "12.64.255 Parking Against Red Curb. A person shall not stop, park, or leave standing any vehicle adjacent to a curb that is designated by red paint, pursuant to California Vehicle Code section 21458, except that a bus may stop in a red zone marked or posted as a bus loading zone. Any curb that is designated as such by red paint, shall only be done at the direction and authorization of the City Engineer." SECTION 4. Section 12.64.265 is hereby added to the Santa Clarita Municipal Code to read as follows: 0:65257.1 1112.64.265 Posted No Parking. Whenever the City Council finds that the parking of vehicles at all or certain hours of the day upon any portion of a highway a traffic hazard or impedes the free flow of traffic, or both, the City Engineer, pursuant to California Vehicle Code section 22507, shall erect signs stating that on such portion of such highway parking is prohibited -at all or certain hours of the day." SECTION 5. Section 12.64.300 is hereby added to the Santa Clarita Municipal Code to read as follows: 1112.64.300 Blocking Highway. A person shall not park any vehicle, whether attended or unattended, upon any highway where the roadway is bordered by adjacent curbs unless not less -than eight feet of the width of the paved or improved or main traveled portion of such highway opposite such parked vehicle is left clear and unobstructed for the free passage of other vehicles." SECTION 6. Section 12.64.330 is hereby added to the Santa Clarita Municipal Code to read as follows: 1112.64.330 Parking in Intersection. A person may park within an intersection adjacent to the curb if the City Council finds, pursuant to Section 22500 of the California Vehicle Code, that the width of the highway and traffic conditions are such that such parking will not constitute a traffic hazard or impede the free flow of traffic." SECTION 7. Section 12.64.345 is hereby added to the Santa • Clarita Municipal Code to read as follows: 12.64.345 Vehicle Maintenance in Public Parking. No person shall perform any maintenance, repair or similar operation on any vehicle in a parking area unless the vehicle is parked in a parking area specifically designated for.such operations. The provisions of this section do not prohibit the operator of any vehicle which is disabled from making or causing to be made in an expeditious manner the repairs necessary to enable such vehicle to be moved to a parking.area designated for vehicle maintenance and repair.".— . 5ECTAON s. ection 12.64.49 hereby addedtothe San Clari a M icipa de to read a fol ws: "12.64 490 D os't of es in Ling Met s. A person hall not park a y vehi in any s metered by a ng meter out 4eposi ing the/proper fee as indicated on such parking meter for SECTION 'R. Section 12.20.130 of the Santa Clarita Municipal Code is her y amended to read as follows: L1X:65257.1 -2- "12.20.130 Parking Space Markings. The City Engineer may install S and maintain parking space markings to indicate parking space adjacent to the curb where authorized parking is permitted. When such parking space markings are placed in the highway, subject to other and more restrictive limitations, no vehicle shall be stopped or left standing other than within a single space unless the size or shape of such vehicle makes compliance impossible. Further, no person shall park, or cause to be parked, any vehicle within any facility except between lines indicating where vehicles shall be parked, and no person shall so park any vehicle so as to use orccupy.more than one such marked parking space." SECTION ltl��'Section 12.64 .390 of the Santa Clarita Municipal Code is hereby amended to read as follows: 1112.64.390 Restricted Parking Area. Whenever any parking area or portion of a parking area is assigned for the exclusive use of the occupants of a facility or the occupants of a portion of a facility and at, in or near such parking area or portion of a parking area there is a legible sign stating either that such parking area or portion of a parking area is exclusively assigned or that parking is prohibited, or both, a person, other than an occupant of the facility or an occupant of the portion of the facility to which such parking area or portion of a parking area is assigned, shall not park any vehicle in such parking area or portion of a p/asking area." •SECTION iYUIf any section, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each.section, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. t_ 0:65257.1 -3- SECTION 12. The City Clerk shall certify to the passage of this Ordinance -and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this day of , 1993. ATTEST: CITY CLERK f MAYOR • Lnx:eszsn.t -4- • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, DONNA GRINDEY; City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1993. That thereafter, saidordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 065257.1 -5- CITY CLERK RESOLUTION NO. 93 -118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING AND ADDING PARKING PENALTIES AND OTHER RELATED CHARGES FOR PARKING VIOLATIONS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Clarita does hereby find, determine and declare that: A. Assembly Bill 408 was adopted into law on September 29,1992, and is operative as of July 1, 1993. AB 408 makes certain amendments to the State Vehicle Code with respect to the processing and enforcement of parking violations; and B. Pursuant to Vehicle Code Section 40200, amended by AB 408, any violation of a parking law established under the Vehicle Code, federal statute or local ordinance Is subject to a civil penalty; and C. Pursuant to Vehicle Code. Section 40203.5, amended by AB 408, the City must establish the amount of parking penalties, late payment penalties, administrative fees, costs of collection, and other related charges for those parking violations occurring in the City; and SECTION 2. The City Council of the City of Santa Clarita hereby resolves as follows: The amount of parking penalties, late payment penalties, administrative expenses, costs of collection and other charges related to parking violations shall be amended as set forth in the schedules attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The City Clerk shall certify the adoption of this Resolution and shall provide a copy to She Court Administrator for the Municipal Court, Newhall Judicial District. PASSED, APPROVED AND ADOPTED this Mayor ATTEST: City Clerk 1$1K81o1V401r.....o. day of 1993. • • RESOLUTION NO. 93 -118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING AND ADDING PARKING PENALTIES AND OTHER RELATED CHARGES FOR PARKING VIOLATIONS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ciarita does herebyfind, determine and declare that: A. Assembly Bill 408 was adopted into law on September 29,1992, and is operative as of July 1, 1993. AB 408 makes certain amendments to the State Vehicle Code with respect to the processing and enforcement of parking violations; and B. Pursuant to Vehicle Code Section 40200,.amended by AB 408, any violation of a parking law established under the Vehicle Code, federal statute or local ordinance is subject to a civil penalty; and C. Pursuant to Vehicle Code Section 40203.5, amended by AB 408, the City must establish the amount of parking penalties, late payment penalties; administrative fees, costs of collection, and other related charges for those parking violations occurring in the City; and SECTION 2. The City Council of the City of Santa Clarita hereby resolves as follows: The amount of parking penalties, late payment penalties, administrative expenses, costs of collection and other charges related to parking violations shall be amended as set forth in the schedules attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The City Clerk shall certifythe adoption of this Resolution and shall provide a copy to the Court Administrator for the Municipal Court, Newhall Judicial District. PASSED, APPROVED AND ADOPTED this day of 1993. Mayor ATTEST: City Clerk 6$1Ke1gW400r..wyn .I, Donna M. Grindey, City Clerk, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of , 1993, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk SSTKUgN4M,e .agn EXHIBIT A CITY OF SANTA CLARITA PARKING PENALTY SCHEDULE PARKING VIOLATIONS VEHICLE CODE DESCRIPTION OF VIOLATION BAIL 4000a Expired Registration ............................ . 55.00 4152.5 Fail to Apply for Registration ...................... 25.00 4454a Registration Card .............................. 25.00 4462(b) Evidence of Registration Wrong Vehicle .............. 55.00 5200 Displaying of License Plates ...................... 30.00 5201 Position of License Plates ........................ 30.00 5202 No License Plates Displayed ...................... 30.00 5204 Tabs ....................................... 60.00 21113(a) Parked on Public Ground (Dismiss w/Permit) .......... 25.00 21461(a) Obedience to Official Traffic Devices ................ 25.00 22500(a) -(h) Prohibition of Stop, Stand or Park .................. 25.00 22500(1) Parking Bus Zone ............................ 255.00 22500(1) Parking Disable Access Ramp ................... 255.00 22502(a) (e) Curb Parking .............................. 25.00 22500.1 Fire Lane .....................................55.00 22504(a) Unincorporated Area Parking ..................... 15.00 22505(a) State Highway Parking .......................... 15.00 22505(b) State Highway Parking .......................... 15.00 22507.8(a) -(b) Handicapped Parking .......................... 325.00 22510 Parking in Snow Area ............................ 20.00 22513 (MISD) Tow Cars, Parking on Freeway ................... 105.00 22514 Fire Hydrants ................................. 30.00 22515 Unattended Vehicles ........................... 25.00 22516 Locked Vehicles ............................... 40.00 PARKING PENALTY SCHEDULE PAGE 2 22517 Opening/Closing Doors .......................... 40.00 22520 Stopping on Freeway ........................... 30.00 22521 Illegal to Park on Railroad Track ................... 25.00 22522 Parking Near Sidewalk Access Ramp .............. 325.00 22951 Parking Lot -Street and Alley Parking ................ 25.00 SANTA CLARITA MUNICIPAL CODE 12.20.130 Parking Space Markings ......................... 25.00 12.64.010 Parking Time Limits ............................ 25.00 12.64.020 Parking Loading Zone .......................... 25.00 12.64.030 Parking, Time Limits (Post Office) .................. 20.00 12.64.040 Parking, at Mail Box ............................ 20.00 12.64.050 No Commerclal Parking ......................... 25.00 12.64.100 Parking,, Disconnected Trailer ..................... 25.00 12.64.110 Parking, Bus Loading Zone 30.00 ....................... 12.64.120 Parking in Passenger Zone ....................... 25.00 12.64.130 No Parking, Alleys ............................. 30.00 12.64.140 Temporary, No Parking ....................:...... 25.00 12.64.200 ' Vehicles Parked Over 72 Hours ................... 25.00 12.64.210 Key In Ignition/Unattended Vehicle ................. 25.00 12.64.220 Parking on Grades ............................. 20.00 12.64.230 Parallel Parking Over 18" from Curb ................ 25.00 12.64.240 Angle Parking ................................ 20.00 12.64.250 Double Parking ............... 25.00 ' ............... 12.64.255 ' Parking Against Red Curb ....... 30.00 I ............... 12.64.260 Commercial Vehicle Prohibition .................... 25.00 12.64.265 Posted No Parking Any Time ..................... 25.00 12.64.270 Parking on Private or Public Property ............... 30.00 PARKING PENALTY SCHEDULE PAGE 3 12.64.280 Parking Wrong Side of Street ..................... 25.00 12.64.290 Parking in Parkway ..........:................. 30.00 12.64.300 Blocking Street 30.00 ............................... 12.64.310 Vehicle Parked w/ Hazardous Materials ............. 105.00 12.64.320 Parking. Crosswalks/Driveway ..................... 30.00 12.64.330 Parking in Intersection .......................... 30.00 12.64.340 Parking Vehicle for Sale 25.00 ......................... 12.64.345 Vehicle Maintenance in Public Parking ............... 30.00 12.64.350 Parking, Special Hazard ......................... 25.00 12.64.360 Parking, Adjacent to School ...................... 25.00 12.64.370 Parking, Fire Hydrants .......................... 25.00 12.64.390 Parking, Assigned Parking Spaces ................. 25.00 12.64.400 Handicapped Parking - On Street ................. 105.00 12.64.410 Handicapped Parking - Off Street ................. 105.00 12.64.490 Parking Meters ............................:.. 30.00 Delinquent Parking Penalty ....................... 15.00 ' New, parking violation penalty AGREEMENT FOR HEARING EXAMINER SERVICES This agreement is between the City of Santa Clarita ("City") and Z nes PA —("Hearing Examiner") for Hearing Examiner, services. Services shall commence on October 1, 1993, and expire on October 1, 1994, unless earlier terminated by either party without cause upon thirty (30) days written notice to the other party. The duties of the Hearing Examiner are outlined in the City's Parking Citation Administrative Adjudication Manual, a copy of which is hereby acknowledged as received by the Hearing Examiner. Hearings will be conducted through written correspondence; however, at the request of the contestant, the hearings may be conducted in person. All in-person hearings will be scheduled prior to the date of the hearing. A copy of the schedule will be provided to the Hearing Examiner within twenty-four (24) hours of the hearing date via first class mail. All in-person hearings will be scheduled one (1) day per week, between the hours of 8:00 a.m. to 5:00 p.m. The City shall provide to the Hearing Examiner a case file for each hearing. For in-person hearings, the City shall provide office space conducive to conducting the hearings, a blank tape and tape recorder, a current copy of the California Vehicle Code, the Santa Clarita Municipal Code, the Schedule of Parking Penalties, and all necessary forms and materials. A hearing clerk will be available to provide the Hearing Examiner with any assistance necessary. The Hearing Examiner shall conduct him or herself professionally and cgnduct fair and impartial hearings, as prescribed in the City's Administrative Adjudication Manual. All decisions rendered by the Hearing Examiner shall be made in writing through the City.and shall be delivered to the.City promptly after the conclusion of each hearing. In no instance shall the Hearing Examiner give his decision directly to contestant, either verbally or in writing. The Hearing Examiner shall not disclose the results of any hearing to third persons besides the City. The Hearing Examiner's continued employment, performance evaluations, compensation and benefits shall not be' linked to the amount of collected fines attributable to the Hearing Examiner. The City shall compensate the Hearing Examiner for Hearing Examiner services at a rate of $30.00 per hour. The Hearing Examiner shall provide an invoice for services rendered on a monthly basis to the City's Accounts Payable Division. The invoices shall be approved by. the City Finance Director or designee. Payments are to be made monthly by the City. This Agreement contains the entire, fully integrated understanding of the parties. All changes to this agreement shall be made in writing and agreed to by both parties. In the event of any dispute or claim relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees. Executed on this day of City of Santa Clarita By: George Caravalho City Manager Approv as to Form: t, "A v pts Grty ttomey Attest: City Clerk KBIgNabOgagm. al 1993. Hearing Examiner By: Name: Ln C.& D. am Address: a zoor? A 14) n [/ o G4- 9/3S`Y AGREEMENT FOR HEARING EXAMINER SERVICES This agreement is between the City of Santa Clarita ("City") and Lo urs P46 c ("Hearing Examiner") for Hearing Examiner services. Services shall commence on October 1, 1993, and expire on October 1, 1994, unless earlier terminated by either party without cause upon thirty (30) days written notice to the other party. The duties of the Hearing Examiner are outlined in the City's Parking Citation Administrative Adjudication Manual, a copy of which is hereby acknowledged as received by the Hearing Examiner. Hearings will be conducted through written correspondence; however, at the request of the contestant, the hearings may be conducted in person. All in-person hearings will be scheduled prior to the date of the hearing. A copy of the schedule will be provided to the Hearing Examiner within twenty-four (24) hours of the hearing date via first class mail. All in-person hearings will be scheduled one (1) day per week, between the hours of 8:00 a.m. to 5:00 p.m. The City shall provide to the Hearing Examiner a case file for each hearing. For in-person hearings, the City shall provide office space conducive to conducting the hearings, a blank tape and tape recorder, a current copy of the California Vehicle Code, the Santa Clarita Municipal Code, the Schedule of Parking Penalties, and all necessary forms and materials. A hearing clerk will be available to provide the Hearing Examiner with -any assistance necessary. The Hearing Examiner shall conduct him or herself professionally and conduct fair and impartial hearings, as prescribed in the City's Administrative Adjudication Manual. All decisions rendered by the Hearing Examiner shall be made in writing through the City and shall be delivered to the City promptly after the conclusion of each hearing. In no instance shall the Hearing Examiner give his decision directly to contestant, either verbally or in writing- The Hearing Examiner shall not disclose the results of any hearing to third persons besides the City. The Hearing Examiner's continued employment, performance evaluations, compensation and benefits shall not be linked to the amount of collected fines attributable to the Hearing Examiner. The City shall compensate the Hearing Examiner for Hearing Examiner services at a rate of $30.00 per hour. The Hearing Examiner shall provide an invoice for services rendered on a monthly basis to the City's Accounts Payable Division. The invoices shall be approved by the City Finance Director or designee. Payments are to be made monthly by the City. This Agreement contains the entire, fully integrated understanding of the parties. All changes to this agreement shall be made in writing and agreed to by both parties. In the event of any dispute or claim relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees. Executed on this day of City of Santa Clarita By: George Caravalho City Manager AppP as to Form: " �T. Uny Attorney Attest: City Clerk KlUgNaWgagm.alm 1993. Hearing Examiner By: Name: _Lays ©. _a2de Address: x.70%3 G: t//eli e/al ala/e.,c�a C4 9/3Sy AGREEMENT FOR PROCESSING PARKING CITATIONS This agreement is entered into by and between Turbo Data Systems, Inc. (TDS), a California Corporation, and the City of Santa Clarita (hereinafter "Customer"). Whereas, TDS and the Customer desire to enter into an agreement whereby TDS will process parking citations for the Customer pursuant to the terms and conditions set forth herein. In consideration of the mutual covenants, conditions, representations and warranties contained herein the parties hereby agree as follows: 1. PURPOSE. The purpose of this Agreement is for TDS to process parking citations for the Customer in a timely manner. 2. SCOPE OF SERVICES. When and as directed by the Customer, TDS shall perform the following services in processing all parking citations: A. Process all parking citations delivered to TDS within forty eight (48) hours of their receipt from the Customer until such time as TDS is 1) notified of their final disposition or 2) thirty (30) months have passed after their date of issuance. Process all parking citations in compliance with the requirement of A.B. 408 (California Vehicle Code Sections 40200 et.-seq.}. . B. Provide monthly reports indicating the status of all citations, such reports to be delivered to the. Customer no later than the thirtieth (30th) day. of the following month. C. Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their delinquent date. D. Print the required Notice of Delinquent Violation and mail to each registered owner whose name has been retrieved upon the citation becoming delinquent, provided however, in processing any citation which was delinquent as of the effective date of this agreement, TDS shall have two (2) months to mail the Notice of Delinquent Violation to the registered owner. E. Transmit a Notice of Delinquency to the California DMV for citations issued within the City of Santa Clarita to vehicles with California license plates after a Notice of Delinquent Violation has been mailed to the registered owner and TDS has not received notification from the Customer or the violator that the citation has been cleared. This Notice of Delinquency will be transmitted to the California DMV no later than thirty (30) days after the date the Notice of Delinquent Parking Violation was mailed to the violator. F. Transmit Notice to the California DMV that a Notice of Delinquency has been cleared no later than ten (10) days after TDS has received notification of clearance. G. Customer shall be responsible for delivering all citations, payment information and records of disposition to TDS's place of business at the address set forth in paragraph 18. H. As provided in Exhibit ."B" which is attached hereto and incorporated herein by this reference, TDS shall be responsible for collecting or receiving payments on violations or citations. TDS shall process citations on vehicles not registered in California by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports as provided in Exhibit "C" which is attached hereto and incorporated herein by this reference. , TDS shall process contested parking citations pursuant to the procedures set forth in Exhibit "D" which is attached hereto and incorporated herein by this reference. 3. TERM. This agreement shall become effective on the date mentioned in paragraph 22 provided however, the agreement shall automatically be extended annually for one (1) year periods unless either party gives the other party at least sixty (60) days notice of its intent to terminate this agreement prior to the commencement of the renewal year. 4. CONSIDERATION. In consideration for services performed by TDS as provided in this agreement, Customer shall pay TDS pursuant to the terms set.fortli in Exhibit "A" which is attached hereto and incorporated herein by this reference. 5. PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "A" shall be billed on a monthly basis in arrears and payment therefore shall be made within thirty (30) days after submission of each separate invoice. 6. RECORDS. Records of the citations processed by TDS shall be available for examination and copying by the Customer or its authorized representative(s) at a time agreeable to the Customer and TDS within one week following a request by the Customer to examine such records. Failure by TDS to permit such examination and copying within one (1) week of a request shall permit the Customer to withhold all further payments until such examination is completed unless an extension of time for examination is authorized by the Customer in writing. If Customer request an examination and copying of citations pursuant to a public records request made to Customer, TDS shall immediately allow customer to examine and copy said records. TDS shall provide data file layout and description to the Customer. TDS shall provide location of data backup tapes to the Customer. Any change in the record layout or tape location shall be reported to the Customer immediately. 7. TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required by this agreement in an expeditious and timely manner so as not to unreasonable delay the purpose of this agreement as set forth in Sections 1 and 2. 8. INDEPENDENT CONTRACTOR. At all times during the term of this agreement, TDS shall be an independent contractor and shall not be an employee of the Customer. The Customer shall have the right to control TDS only insofar as the results of TDS's services rendered pursuant to this agreement; however, Customer shall not have the right to control the means by which TDS accomplished the services -rendered pursuant to this agreement. 9. FACILITIES AND EQ IPMENT. TDS shall, at its own cost and expense, provide all facilities and equipment which may be required for performance of services required by this agreement. 10. INDEMNIFICATION BY TURBO DATA SYSTEMS, INC. TDS is skilled in the professional calling necessary to perform the services and duties agreed to be performed by TDS under this agreement, and Customer, not being skilled in such matter, relies upon the skill and knowledge of TDS to perform said services and duties in the most skillful. manner. Therefore, TDS agrees to indemnify, hold harmless and defend every officer and employee of. Customer, from any and all liability or financial loss resulting -from any suits, claims, losses or actions brought by any person or persons and from all costs and expenses of litigation brought against the Customer, its officers and employees, by reason of injury to any person or persons including but not limited to officers and employees of TDS or damage, destruction or loss of property of any kind whatsoever and to whomsoever it may belong, including but not limited to that act of TDS resulting directly or indirectly from any negligent act or omission by TDS or any person employed by TDS in the performance of this agreement. 11. LIABILITY LIMITATION AND INDEMNIFICATION BY CUSTOMER. TDS shall use due care in processing work of the Customer and TDS shall be responsible to any errors which are due to the equipment or personnel of TDS; such errors shall be corrected by TDS at no additional charge to the Customer. TDS shall be entitled to reimbursement from- the Customer for any expenses incurred by TDS for the correction of any erroneous information provided by the Customer and TDS shall not be responsible for Customers' losses and expenses resulting from erroneous source materials provided by the Customer. Neither party shall be liable to the other for any indirect or consequential losses or damages. The Customer shall indemnify and hold harmless TDS and its officers, directors, shareholders, employees and representatives from any and all claims, demands, liability, damages and judgements arising out of erroneous information provided by the Customer. 12. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the performance of this agreement, TOS shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive. 13. AGENCY. Except as Customer may specify in writing, TDS shall have no authority, expressed or implied, to act on behalf of the Customer in any capacity whatsoever as an agent. TDS shall have no authority, expressed or implied, pursuant to this agreement to bind Customer to any obligation whatsoever. 14. CHANGES IN LAW. Should there be any changes in the law applicable to the processing of parking citations which would require material changes in the method of the processing as contemplated in this agreement, or materially reduce or eliminate the amount of revenue received by the Customer from parking citations, this agreement may be amended to reflect such changes or may terminate upon either party providing sixty (60) days notice of termination. Any changes in the processing of parking violations as a result of changes in the law or DMV regulations affecting such violations, which do not materially add to the cost of processing such citations by TDS shall be implemented by TDS and noticed to the Customer. If any such change results in the cost of processing citations exceeding the amounts provided for in Section 4 and the Customer declines to amend thisagreementto provide for the payment of such increased costs, the agreement shall terminate as of the effective date of the change in the law or regulations. 15. OWNERSHIP. Customer acknowledges that the software and software programs used by the Customer or used for the Customer's benefit which were developed by TDS are the sole property of TDS and the Customer obtains no right or interest in the software by virtue of this agreement. Any and all data collected by TDS will be used solely to meet the scope of work in this Agreement. Any other use of the data must be approved in writing by the Customer prior to its use. 16. FORCE MAJEURE. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes or other disasters. 17. TERMINATION. This agreement may be terminated by either party upon sixty (60) days written notice prior to the commencement of the renewal year. In the event that TDS fails or refuses to perform any of the provisions of this Agreement, TDS shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of ten (10) days after receipt by TDS from Customer of written notice of default, specifying the nature of default and the steps necessary to cure each such default, Customer may terminate this Agreement forthwith by giving TDS two (2) days written notice of termination. If this agreement is terminated pursuant to any section of this agreement, TDS shall immediately upon the effective date of such termination, deliver to Customer all citations, Notices of Delinquent Violations, all records of Customer kept by TDS; including reports of monthly citation activity and bank account activity and all non -deposited payment amounts. Back up computer tapes of citations information shall also be provided. 18. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this agreement, such notice shall be served by certified mail addressed to: TDS: Turbo Data Systems, Inc. 14272 Franklin Avenue, Suite 100 Tustin, California 92680 Roberta J. Rosen President CUSTOMER: City of Santa Clarita 23920 W. Valencia Blvd. , Suite 300 Santa Clarita, California 91355 Director of Finance H unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 19. EXTENT OF AGREEMENT. This agreement represents the entire and integrated agreement between Customer and TDS and supersedes any and all prior negotiations, representations or agreements, either written or oral. This agreement amy be amended only by written instrument signed by both Customer and TDS: This agreement may only be assigned with the express written consent of each of the parties hereto. In the event that any provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity of enforceability of the remaining provisions hereof, all of which remain in full force and effect. 20. LITIGATION COSTS. If any legal action or any other proceeding is brought to enforce the terms of this agreement, or because of an alleged dispute, breach, or misrepresentation in the connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and other cots incurred in that action or proceeding, including the costs of appeal in addition to any other relief to which it or they may be entitled. 21. INSURANCE, During the entire term of this agreement, TDS agrees to procure and maintain General/Public and Professional public liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of the Customer or TDS, or any person acting for the Customer, or TDS or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the Customer, or TDS, or any person acting for the Customer or TDS, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the Customer against incurring any legal cost in defending claims for alleged loss. Such General, Public and Professional liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: A. A combined single limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. All such insurance shall be primary insurance and shall name the Customer as an additional insured. If the operation under this Agreement results in an increased or decreased risk in the opinion of the Customer, then TDS agrees that the minimum limits herein above designated shall be changed accordingly upon request by the Customer. TDS agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way to the extent to which TDS may be held responsible for the payment of damages to persons or property resulting from TDS's activities. B. TDS shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both 5 TDS and the Customer against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by TDS in the course of carrying our the with Agreement. C. TDS shall procure and maintain, at its sole expense, throughout the term of this Agreement and any extension thereof public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $500,000 combined single limit. all such insurance shall be primary insurance and shall name the Customer as an additional insured. D. A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the Customer shall be submitted to the Customer upon execution of this agreement on behalf of the Customer. 22. EFFECTIVE DATE OF THIS AGREEMENT. This agreement, made in duplicate, shall be effective from and after October 1. 1993 Executed on this day of CITY OF SANTA.CLARITA 0 George Caravalho City Manager Appro dS tq F K. w ��V i- ity Artorney ATTEST: 9 1993. TURBO DATA SYSTEMS, INC. By: Roberta J. Rosen President ' r*XttIrt;v-lw CONSIDERATION Customer shall pay TDS for the listed services at the amounts shown: Processing fee per citation $1.10 Due to the fact that fees for processing services are determined by unit and that there are certain fixed costs required to perform these services, regardless of volume, the minimum monthly invoice amount shall be $300.00. If postal rates increase during the term of this agreement, the per citation fee to TDS shall be raised commencing upon the effective date of the postal rate increase and shall be noticed to Customer. If telecommunication rates increase during the term of this agreement, the telecommunication fee paid to TDS shall be raised commencing upon the effective date of the rate increase and shall be noticed to Customer. For each additional year that this agreement continues due to the failure, of either party to terminate this agreement pursuant to the provisions of paragraph 3, the cost per item set forth above shall be adjusted as follows: The United States Department of Labor's Bureau of Labor Statistics Consumer Price Index for all Urban Consumer, Los Angeles .- Long Beach - Anaheim, California: All items (Base Year 1967) ("Index") which is published for the date nearest the date of execution of this Agreement ("Beginning Index"). If the Adjustment Index has increased over the Beginning Index, the fee per citation payable by the Customer during each contract year subsequent to the first contract year shall be determined by multiplying the processing fee set forth above by a fraction , the numerator of which is the Adjustment Index and the denominator of which is the Beginning Index. In no event shall the fee charged the Customer by less than the amount set forth above. In no event shall the fee charged to the Customer increase.more than ten percent (10%) per contract year. EXHIBIT "B" COLLECTION SERVICE TDS will provide the following collection services for Customer: • provide P.O. Box where payments are mailed • courier pickup from P.O. Box daily • open all mail • verify payment amounts and record on computer systems • return questionable mail to Customer for decision • make bank deposits to Customer bank account • verify amounts deposited, by citation number • provide toll-free 800 number for citizen inquiries • provide weekly reports for bank statement reconciliation • provide other reports as requested by Customer 0 EXHIBIT "C" OUT OF STATE PROCESSING Citations issued to out-of-state license plates will be entered into the system database as all other citations. If and when they become delinquent, requests for registered owner information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to the registered owner and the parking penalty amount requested. Return payments will be made to the same address as all other payments. All costs for this processing, including out-of-state DMV charges, will be incurred by Turbo Data Systems, Inc. TDS will receive from the Customer thirty-five percent (35%) of the revenues collected from out-of-state citations after the Notice of Intent has been issued. This.amount will be billed monthly for the prior months' receipts (as determined from TDS's database and/or reports). EXHIBIT "D" ADMINISTRATIVE ADJUDICATION PROCESSING SERVICE TDS will provide the services described in the "Administrative Adjudication Process Description of Services", attached hereto and incorporated by this reference. The following fee structure will apply: Fee per letter sent: Letters to be sent: $2.00 Too Late to Request Administrative Review Letter Result of Administrative Review Letter Too Late to Request a Hearing Letter Hearing Date Notification Letter Results of Hearing Letter 10 CITY OF SANTA CLARITA PARKING CITATION ADMINISTRATIVE ADJUDICATION Tj _ ► TABLE OF CONTENTS INTRODUCTION ............................................... MISSION STATEMENT .......................................... PHILOSOPHY OF PARKING ENFORCEMENT ......................... GOVERNING STATUTES ........................................ Authority................................................ Notice of Parking Violation Information .......................... Affixing the Notice of Parking Violation .......................... Prima Facie Case ......................................... Seizure of the Vehicle ...................................... . Notice Of Delinquent Parking Violation - Requirements .............. Leased and Rented Vehicles ................................. 97 E E 2 2 3 3 3 3 4 4 1.0 THE ADMINISTRATIVE REVIEW ............................... 4 2.0 THE HEARING ........... ***'**........................ 6 2.1 General Approach to Hearings ........................... 7 2.2 Quantity of Evidence Reauired to Sustain Case ............... 9 2.3 Examining the Citation to Establish the Prima Facie Case ........ 11 2.4 The Respondent's Case ................................ 11 2.5 The Cross Examination ................................ 14 2.6 The Decision ......................................... 17 2.7 Late Payment Penalties .. ..... ..................... 19 2.8 Fine Amounts ....................................... 20 2.9 Prior Dismissals/Precedence ............................. 20 2.10 Prior History of Violations ............................... 20 3.0 HEARING PROCEDURES ................................... 21 3.1 Pre -Hearing Procedures ................................ 21 3.2 Begin the Hearing .................................... 21 3.3 Review the Prima Facie Case ............................ 22 3.4 "Admit Liability with Explanation" .......................... 23 3.5 "Deny Liability" ...................................... 23 3.6 Render a Decision .................................... 23 3.7 Close the Hearing .................................... 24 3.8 Special Situations .................................... 24 3.9 Summary of Hearing Officer's Maior Tasks .................. 26 4.0 THE PRIMA FACIE CASE ................................... 26 4.1 Requirements ....................................... 26 4.2 Illegibility .......................................... 27 5.0 LATE•PENALTIE$27 5.1 Computation of late Penalties .................... . ...... 27 5.2 Potential Defenses for a Late Payment ........................ 27 5.3 Unacceotable Defenses for Being Late ..................... 28 5.4 Late Payment Penalty for a Dismissed Citation ............... 29 5.5 Notice of Delinquent Parkins Violation After Fine Paid .......... 29 5.6 Proof of Payment ..................................... 29 6.0 CONTINUANCES ......................................... 29 6.1 Pre-Hearina Continuances .............................. 29 6.2 Continuances for Further Proof After Hearing Commences ....... 29 6.3 Other Continuances ................................... 30 6.4 Procedure for Recording Continuances ..................... 30 7.0 TYPES OF HEARINGS ..................................... 30 7.1 Scheduled Hearings .................................... 30 7.2 Hearing by Written Declaration .......................... 31 8.0 DEFENSES .............................................. 31 8.1 Denials ........................................... 31 8.2 Explanations ........................................ 35 8.3 Unacceptable Defenses or Explanations .................... 36 8.4 Appeals for Leniency ................................. 41 9.0 SPECIAL CLASSES OF VEHICLES ............................ 42 9.1 Commercial Vehicles .................................. 42 9.2 Government Vehicles .................................. 44 9.3 City Vehicles ........................................ 44 10.0 DISABLED PARKING: CVC Section 22507.8, etc ................... 44 10.1 Requirement to Obtain California Disabled Plate and/or Placard ... 44 10.2 Description .......................................... 44 10.3 Issuance ...................................:....... 45 10.4 Parkins Privileaes.................................... 45 11.0 TYPE OF VIOLATION ...................................... 46 11.1 Public Safety ....................................... 46 11.2 Non -Public Safety .................................... 47 12.0 SEIZING OR BOOTING A VEHICLE ............................ 47 12.1 Tow and Storaae Fees . ................................ 47 12.2 Hearings on Seized Vehicles ............................ 47 12.3 Release of Seized Vehicles ............................. 48 13.0 RENTAULEASED VEHICLES: CVC Section 40200 and 40209 ........ 48 14.0 APPEALS .............................................. 49 INTRODUCTION The purpose of this material is to provide the Hearing Officer with a fairly comprehensive overview of the major topics affecting this position. It should be emphasized that this manual is not intended to contain every detail or present every issue that will come up in the course of the Hearing Officer's duties. Rather, this manual is a primary, resource for general information. The importance of studying this Adjudication Manual cannot be over -emphasized; itis, forthe purposes of the Parking Agency Administrative Adjudication Program, the authoritative compilation of the.rules, regulations and policies. There are certain aspects of being a Hearing Officer, particularlywith respect to the manner in which hearings are to be conducted or testimony is to be elicited, which are not readily reduced to a written formula. Although there are general format requirements designed to respond to basic due process concerns, each Hearing Officer tends to develop his or her own personal "style" within the established parameters. Much of what needs to be learned can be learned only (or best)_ by experience. It is important for the Hearing Officer to feel free to rely on the knowledge and experience of the staff of the Office of Parking Management; in other words, it is expected that, when in doubt, the Hearing Officer will consult the appropriate staff member(s) on policy. A treatment much longer than this manual might not anticipate or resolve the full range of issues, intricacies, variations or problems with which the Hearing Officer may eventually be confronted. It is hoped, however, that this manual will provide the Hearing Officer with a general overview of the issues most likely to arise. MISSION STATEMENT The mission of the Administrative Adjudication Program is to provide for the hearing and disposition of all contested cases involving violations of the California Vehicle Code (CVC), the local parking citation issuing agency Municipal Code (SCMC), and the local agency Administrative Code (if any) parking regulations relating to the parking and impoundment of vehicles within the area of jurisdiction of the Parking Agency. The intent of the AB 408 legislation authorizing administrative adjudication is to free limited criminal justice resources for more serious criminal matters and to provide a more timely, convenient, simplified and less intimidating forum for the hearing and disposition of contested parking violations. The City acknowledges it is important that the adjudicatory process thus established be fair, convenient, and impartial from the viewpoint of those contesting alleged parking violations, while at the same time administering justice in an efficient and uniform manner. PHILOSOPHY OF PARKING ENFORCEMENT An effective parking enforcement program must protect and fairly apportion scarce parking space for all legitimate users by insuring that those who violate parking regulations are penalized for doing so. Penalties for non-payment of citations must be strong enough to discourage violators from being scofflaws. For repeat offenders who fail to observe parking regulations and fail to pay outstanding parking fines; booting, towing and impounding should be expected consequences. For those who contest a citation, the adjudication process should be just and timely; it must contribute to the overall goal of discouraging illegal parking by enforcing parking regulations, but in a way that provides a fair and impartial hearing for all. GOVERNING STATUTES The following is a brief summary of those statutes which are basic to the hearing process. Although the Hearing Officer may not be directly affected by all of the provisions within a statute, the Hearing Officer should nonetheless become familiar with them by reading the statutes in their entirety. Authority: California Vehicle Code, Article 3 The establishment of the Administrative Adjudication Program is authorized by California Vehicle Code Article 3, Sections 40200.7 and 40215, which became effective on July 1, 1993, as enacted by California Assembly Bill 408. The adjudication procedure mandated by AB 408 is detailed as follows: The issuing or processing agency must perform an administrative review of a citation if the review is requested within 21 days of issuance of the citation or within 10 days of the mailing of the notice of delinquent parking violation. Within 15 days of the mailing of the results of the administrative review, the person may request a mail -in or in-person review of the citation by a' hearing officer employed by the issuing agency. The request for the hearing must be accompanied by payment of the full amount due for the citation or, as provided by the agency's policy, appropriate proof of inability to pay the amount due. It is important to note that the parking enforcement officer does not appear for the hearing. Within 20 days of the mailing of the hearing officer's decision, an appeal may be filed with a civil court. The court currently requires the person filing the appeal to pay a $25 filing fee plus any.other applicable court charges and fees. The appeal is heard de novo in a justice or municipal court with ✓A the parking agency's file In the case submitted as evidence. A copy of the notice of parking violation is admitted into evidence as prima facie evidence of the violation. If the court overrules the hearing officer, the parking agency must refund the $25 filing fee and any part of the previously deposited parking penalty that the court may order to be refunded. NOTE: There are.no provisions in the Vehicle Code, nor is the issuing agency required, to conduct an administrative review or schedule an appearance before a hearing officer if the mandated time limits are not followed by a violator. However, local agencies may adopt local rules. Notice of Parking Violation Information: CVC Section 40202(a) As part of any administrative review and hearing, each Notice of Parking Violation or citation, or a computer printout of same, shall be reviewed to ensure that it contains the following statutorily required information: Vehicle or Municipal Code Section or Description of Alleged Violation ' Approximate time ' Location ' Vehicle license or Vehicle Identification Number (VIN) Registration expiration date (or notation that tabs were not on the vehicle) Last four digits of the VIN, (required if visible to the enforcement officer) Color of vehicle Make of vehicle ' Amount of the fine ' Location where fine may be paid or contested and time period to.do so (21 days from date of issuance) NOTE: Citations lacking the information marked with an (*) may be dismissed outright during the administrative review and hearing. This is called a summary dismissal and occurs because the Agency has failed to adequately establish its prima facie case. Affixing the Notice of Parking Violation: CVC Section 40202(b) and (d) The statute requires that a citation be affixed to the motor vehicle or in the case that a vehicle was driven away before the parking enforcement officer could affix the citation, mailed to the registered owner of the vehicle. If the respondent claims that the citation was never affixed to the vehicle or seen on the vehicle, and presents credible evidence to substantiate the claim, this should never be grounds for dismissing late fee(s) which accrued because the citation was not paid or appealed in a timely fashion. Only if the hearing officer can ascertain that the respondent was not mailed a delinquent notice (or equivalent) should the late charges or accumulated penalties be dismissed. Prima Facie Case: CVC Section 40200 A parking citation containing the requisite information (listed above) which is affixed to a motor vehicle is considered to establish a prima facie case that the registered owner of the vehicle identified on the citation committed the violation. That is, a properly completed citation satisfied the City's burden to establish that the violation occurred. However, the prima facie case may be successfully rebutted by a respondent by presenting credible and sufficient evidence that the citation is not valid. What constitutes sufficient evidence to rebut the citation, and warrant dismissal, is determined in a hearing by a hearing officer and is discussed in detail in this manual. . Seizure of the Vehicle: CVC Section 22651 (i) and 22651.7 The City is authorized to seize, by immobilize (boot) or impound (tow), at the registered owner's expense, any vehicle accumulating five or more parking citations over a period of five or more days to which the registered owner has not responded. This process may not be Invoked against an alternate vehicle in those cases where an agency chooses to move a violation from one vehicle to another owned by the same registered owner. Notice Of Delinquent Parkino Violation - Reauirements: CVC Sections 40206, 40207 The California Vehicle Code (CVC) requires that a processing agency notify the registered owner of a vehicle when a citation for parking violation issued to that vehicle is delinquent. This notice requirement is satisfied when the processing agency mails a notice of delinquent parking violation to the last known address of the registered owner, that address being the one which is on file at the Department of Motor Vehicles (DMV). Therefore, a claim that notice was not received is not normally a valid rebuttalto a citation. The processing agency has satisfied the statutory requirements of notice by mailing the delinquent notice to the address of record at the DMV. Notice mail dates may be verified by information contained in the Vehicles Parking Ticket System records. Persons may request an administrative review of the notice of delinquent parking violation or the underlying notice of parking violation within ten (10) days after the mailing of the notice of delinquent parking violation. Leased and Rented Vehicles: CVC Sections 40209 and 41102 When the vehicle identified on a citation is a leased or rented vehicle, the Vehicle Code mandates certain processing requirements which are listed below: A notice of delinquent parking violation (which includes the vehicle license number and date of the violation) must be sent to the registered owner. The registered owner of the vehicle may transfer responsibility for the violation to the lessee or renter of the vehicle at the time of the violation, but only if the name, 4 address, and driver's license number of the lessee/renter is provided to the processing agency (City) within 30 days of the mail date of the delinquent notice. If the registered owner does not- provide this information within the 30 days allotted, there is no requirement to transfer responsibility for the citation. If a lessee or renter is notified of a delinquent parking violation, the lessee/renter has the option of paying the fine which doses the citation or contest its validity through the administrative hearing process. 1.0 THE ADMINISTRATIVE REVIEW All persons contesting a citation or notice of delinquent parking violation should first receive an Administrative Review of their citation prior to being scheduled for a hearing with a hearing officer. The initial administrative review will be performed by the City and the Sheriffs Department. In all cases, there should be a record of an investigation into the claim of a broken meter, missing sign; etc. A summary of the investigation should, if possible, be entered into the on-line Parking Ticket System (PTS) as'notes'. In many cases the respondent's claim will be found to be accurate during the administrative review and the citation will be dismissed. In other cases, the results of the Review will be to declare the citation as valid and the person who received the citation to be 'liable' for the amount currently due. CVC Section 40200.7 and 40215 mandate. that a "violator" request an administrative review within 21 days of receiving a citation or within 10 days of the mailing date of a notice of delinquent parking violation. If the request for an administrative review was not made within these time limits, the respondent has lost the statutorily prescribed ability to contest the citation. Assuming that an administrative review was properly requested, within 15 days after the mail date of the result of the administrative review, the respondent must pay the parking fine before being scheduled for a hearing. If the person that received the citation does not comply with these requirements, no further review of the citation is mandated by the vehicle code (but rather, it is subject to local option). An administrative review which concludes that a citation was "validly issued" does not dispose of the case entirely. Within 15 days after the date the results of the administrative review are delivered to the respondent, the respondent is entitled by State law the option of a hearing to demonstrate that both the citation (or notice of delinquent parking violation) and the result of the administrative review are in error. The respondent will be apprised of, statutory entitlement to a hearing as part of the written result of the administrative review. 6 2.0 THE HEARING All persons contesting a citation should first receive an Administrative Review of their citation prior to being scheduled for a hearing with a hearing officer. Local agencies may or may not allow the contesting, via Administrative Hearing, of a violation that has not received an Administrative Review. Even if the administrative review confirms the existence of signs governing the violation or that a meter was functioning properly at the time the citation was written, it is possible that the respondent may still be able to establish with independent evidence that circumstances mitigate the charge. It should be extremely rare that a citation for which an administrative review has determined that the respondent's claim is without merit, is later dismissed in a hearing because of an unsupported general denial by the respondent. The hearing officer should always be careful to verify that the administrative review was completed for the location listed on the original (not "respondent's" copy) of the citation. The hearing officer must consider the results of the required administrative review when rendering a final decision. Since the results of the administrative review must be forwarded to the examiner as part of the respondent's file, a hearing cannot be scheduled until the administrative review process is complete. The hearing officer should routinely examine a case file to determine whether the required administrative review has been completed. In addition, a hearing may not be scheduled unless full payment is deposited for the amount due for the citation, unless appropriate proof of an inability to pay (indigence) is provided. Vehicle Code Section 40200.7 requires that a request for administrative adjudication be preceded by payment of the full amount of the parking penalty. An indigent respondent may request a waiver of this required payment by filing a "Request for Waiver of Parking Fine" and submitting a written declaration of financial condition. The request for waiver will be considered by the Finance Director. If the waiver is granted, the case will be set for hearing and the respondent notified. If the respondent is found not liable, no further action is necessary. If, however, the respondent is found liable, payment arrangements must be made with the Finance Department within five (5) days from the date of the hearing. If the request for waiver is denied, the respondent will be notified. D 2.1 General Approach to Hearings 2.1.1 Informality of the Hearinq The hearing is an informal proceeding in the sense that the rules of evidence required in a court trial do not apply. This benefits the respondent who is most often a lay person unfamiliar with the intricacies of the legal process. The hearingofricer should make this clear to the respondent if the respondent appears confused that the hearing is not being conducted under strict "rules of evidence." Despite this relative informality, each hearing is recorded on tape so that a record is preserved of the proceedings in case an appeal is filed. The final decision in a hearing, however, must be rendered in writing to the respondent. NOTE Special arrangements may be required when a respondents hearing or vision is severely impaired or the respondent needs reasonable accommodations for his or her handicap. At the time the respondent requests a hearing, the City should inquire if the respondent needs reasonable accommodations in compliance with the Americans with Disabilities Act. In such cases, the hearing officer should contact a supervisor. 2.1.2 The Role of the Hearing Officer The hearing officer may be described as wearing three hats at once: prosecutor, defense advocate, and judge. As the prosecutor, the hearing officer cross- examines the respondent, and any witnesses, to determine the credibility of the defense and the authenticity of any documents presented. As the defense advocate, the hearing officer examines the citation for defects in the prima facie case and, in some cases, helps the respondent articulate the facts of their defense. As the judge, the hearing officer listens to the respondents story, weighs the evidence, including any discrepancies elicited during the cross-examination, and renders a decision based on the facts of the case and applicable laws. It is essential that a hearing officer remain independent and impartial. The hearing officer does not "represent' the City in a hearing but rather "conducts" the hearings and renders decisions in accordance with the rules, regulations, and policies and procedures established by applicable laws. It should go without saying that any interest the City may have in collecting parking fines is simply not a permissible consideration during the hearing process. In other words, the hearing officer must be a neutral and objective fact finder. Vehicle Code Section 40215 (b) in fact requires that the amount of fines upheld by an examiner must not be linked to the examiner's continued employment, performance evaluations, compensation or benefits. 7 2.1.3 The Conduct of a Hearina Officer To adequately discharge the responsibilities of a hearing officer demands that the examiner become somewhat involved in each hearing. Respondents, especially those in good faith, want most of all to believe that they have had a full and fair hearing before someone who has listened to them objectively, even if the ultimate result of the hearing is a finding of liable. It is of paramount importance that the hearing officer listen attentively and show interest. It may be , of course, difficult to look excited about hearing, "I was making change" for the twenty-third time. But remember, it is presumably the only time that day that the respondent has explained the problem. So be patient. Let the respondent tell a complete story and present all pertinent evidence, but at the same time do not permit irrelevancies to intrude on the hearing process. Never get angry. This may be difficult sometimes, since hearing officers are human and some respondents can become quite abusive.. But if the hearing officer is able to remain calm and professional, this will often cool down an agitated respondent and will certainly enhance the judicial aura of the proceedings. It should be obvious, but must be emphasized nevertheless, that a hearing officer should not be influenced, one way or another, by any personal bias or animus. The hearing officer, just as obviously, must not solicit or accept anything of value in the course of his or her duties. Any suspected impropriety must be reported to a supervisor immediately. It cannot be overly stressed that even an aooearance of impropriety must be avoided. The hearing officer must not conduct a hearing for any relative, friend or Gose personal acquaintance. If the hearing officer knows a respondent, the hearing officer must inform a supervisor so that another examiner can be assigned to the case. The hearing officer must abide by this rule even if the hearing officer truly believes that a relationship with the respondent will not affect. his or her judgment. The hearing officer must always maintain control of the hearing. This means, among other things, being careful to observe the necessary procedural guidelines (see the section entitled Hearing Procedures). Although the hearing officer should respond to reasonable requests for information or clarification, the hearing officer should not be subjected to a "cross-examination" by the respondent. The hearing officer must not allow the hearing to degenerate into a discussion of matters not germane to the citation(s) being adjudicated: In particular, it is not the hearing officer's function to "defend" City policies or regulations. The hearing officer renders a decision within the framework of the policies and procedures, but the hearing officer's position is in no way that of a policy -maker. fJ 2.1.4 Firmness While it is of great importance to be fair, it is also important to be firm. The hearing officer may be tempted to find a respondent not liable, or reduce a fine, feeling that part of justice Is leniency or that leniency is good public relations. For several reasons; this is wrong. In the first place, the City is attempting to alleviate the problem of illegal parking. .The reduction of a fine, merely because the respondent took the time to come to a hearing, or because the respondent had a personal reason (other than a bona fide emergency) for parking illegally, defeats this purpose. Secondly, it is unfair to the public as a whole, in whose interest we function, to make a special exception for someone just because they appear at a hearing. Finally, it is simply not good public relations to provide a loophole for those who wrongly seek to read an exception for themselves into the law. Ultimately, the best public relations is to treat everyone equally and fairly, rather than "give a break" to the special few who attempt to escape responsibility through a hearing officer's sympathy. 2.2 Quantity of Evidence Required to Sustain Case The Vehicle Code states that a properly completed citation is prima facie evidence of the validity of statements contained therein. What this means is that once a citation is determined to be properly completed, and a prima facie case is therefore established that the violation occurred, the burden of producing evidence to rebut the charge shifts to the respondent. If the respondent wishes to deny the parking allegations (e.g., "the meterflag hadn't gone up yet"), the respondent must persuade by presenting a preponderance of credible evidence as weighed against the prima facie case presented by the completed citation. A preponderance of evidence is evidence of greater weight when weighed against.the evidence opposing it, and has more convincing force and a greater probability of truth. If the respondent wants to present an affirmative defense (e.g., trapped at a meter by a double parked truck) or an explanation (e.g. medical emergency), the respondent must prove the presentation by a preponderance of the credible evidence as measured against the incredible evidence, facts judicially noticed, various presumptions, etc. 2.2.1 Substantial Proof There is no such thing as a .halfway -proved defense or explanation. If the respondent's story amounts to a defense, the hearing officer must decide whether the evidence is credible and sufficient. If not, the respondent is "liable" and should forfeit the fine. On the other hand, if the hearing officer believes the respondent, and the evidence presented refutes the prima facie case, the respondent should be found "not liable." If the respondent has an explanation, the hearing officer must decide in each case _whether the respondent has presented sufficient proof to support the explanation. If not, the defense fails. E NOTE: That a respondent must provide credible and sufficient evidence to rebut a citation is, to be sure, a rather flexible standard. What will constitute credible and sufficient evidence will vary according to the circumstances of each case. 2.2.2 The Rules of Evidence The usual rules of evidence applicable in a court of law are not required in these hearings. As a practical matter, there is normally no limitations on the type of evidence that may be accepted, except possible harmful or offensive material, with the provision that time should not be wasted on the immaterial. This in no way is suggesting that the hearing officer should believe everything submitted or stated. But it is permissible to consider, or accept for what it is worth, anything offered, and to subject it to examination In order to assign it a relative weight. Evidence tending to support a respondent's credible testimony should be received favorably. At other times, evidentiary requirements are more . specific and inflexible; for example, if a defense is that there were no signs at the entrance to a specific parking lot, this can be verified by either the results of a sign investigation or comprehensive and accurate photographs. The hearing officer should take care to determine that any photographic evidence reflects a complete record of conditions at the time a citation was issued and not subsequent modifications. It should be recognized that carefully framed photographs can easily be made to exclude important signs or parking regulation devices. 2.2.3 Official Notice of Common Facts The hearing officer is permitted to take official notice of facts commonly known, in the same manner as is normally done by a judge in a court. The kind of facts which may, be noticed are the time the sun rises or sets, the date on which a holiday is observed, etc. This does not mean that the hearing officer may assume the existence of a parking sign because the hearing officer has been to the location and has seen it. 2.2.4 General Denial Generally speaking, a mere general denial of a violation, unsupported by evidence, will not be sufficient to warrant a dismissal. There are situations in which corroboration may not be possible (e.g., a solitary driver contends that his vehicle was "boxed -in" by another vehicle and was thereby rendered unable to vacate a meter prior to the expiration of the allotted time). In such cases the hearing officer must make a decision based on a careful appraisal of the respondent's credibility. It should be emphasized that these are unusual situations and normally some sort of documentation or substantiation is available. 10 2.3 Examining the Citation to Establish the Prima Facie Case The City's case is almost invariably limited to the production of a copy (or computer printout) of the citation. When a hearing commences, the hearing officer should first examine the citation for defects in the prima facie case. The defects which are fatal to the prima facie case are set out above under "Governing Statutes." If a defect is determined to be fatal, the citation number must be read onto the taped record and the case dismissed without further testimony. 2.4 The Respondent's Case Once the citation has been read into the record, and examined for obvious defects, the respondent may present his or her case. 2.4.1 The Respondent's Story Generally, the hearing officer should simply let the respondent tell their story. The hearing officer must afford the respondent a fair opportunity to establish their defense. The hearing officer must always avoid prejudgment, remaining open- minded and attentive even when the defense seems to be of a routine and obvious nature. It is important to hear and endeavor to understand what the respondent is saying. At times this may not be easy to do, since some respondents may be disorganized or nervous. The hearing officer should try to make the respondent feel at ease and assist the respondent, as necessary, to adequately articulate their defense. But this must be done without putting words in the respondent's mouth or constructing a defense for the respondent. When a respondent has difficulty communicating in the English language, the hearing officer should attempt to secure the services of a translator. This may require that the hearing be continued until another time. 2.4.2 Respondent's Witnesses The respondent may call as many witnesses as needed. The hearing officer should hear the story of each witness and cross-examine as necessary. While a witness is testifying, other witnesses must wait outside the hearing room until called. A respondent may also submit a declaration, signed under penalty of perjury, from a person who cannot attend the hearing but has pertinent knowledge of the facts relating to the respondent's defense. Such a declaration should be presented in the form of a statement that sets forth only those facts that are within the personal knowledge of the witness. It should begin "I, (name of witness), declare" and then state the facts to that person's knowledge in numbered paragraphs. The declaration should end with these sentences: "I declare, under penalty of perjury 11 under the laws of the State of California, that the'foregoing is true and correct. Executed by (name) on (date) at (city and state where signed)." The declaration must be signed with the name of the witness. If the unavailable witness does not reside in California, the respondent must provide a notarized affidavit instead of a declaration under penalty of perjury. The hearing officer may accept, but should accord less weight, to a statement that is made neither under penalty of perjury nor notarized. In evaluating such declarations, the hearing officer should bear in mind that a declaration cannot, of course, be cross-examined and is, therefore, less useful than a witness appearing in person. Declarations must be carefully scrutinized and should be sufficiently detailed in order to be a meaningful addition to respondent's defense. The hearing officer should, as always, be particularly alert to inconsistencies between the supporting testimony and the respondent's version of events. Dismissal is not automatic even when corroboration by a witness is presented. The hearing officer must always weigh the reliability (credibility and accuracy) of both the respondent and his or her witnesses. Among other things, the hearing officer should consider the existence of a special interest or bias on the part of the witness, whether such a period of time has passed from the incident to the making of the written statement as to detract from the ability of the witness to recollect and testify accurately, and other improbabilities. 2.4.3 Respondent's Documents The respondent may submit any relevant documents. Each document must be assigned an exhibit number and be retained as part of the hearing record. Commonly presented documents include such items as pictures, repair bills, doctor bills or statements by doctors, letters from witnesses, bills of lading or delivery receipts, and various official documents. While a respondent may present any documentary evidence, the hearing officer must attempt to determine the authenticity and the amount of credibility to assign to the documents. Many documents that may be submitted, such as alleged towing receipts or repair bills, could be fabricated and many others may really prove nothing germane to the hearing. a. Authenticity of Documents Documents purporting to represent an existing fact or legal situation must be authenticated in some way. While formalities in these hearings are relaxed, the hearing officer should strongly suspect such submissions as 12 unsworn legal documents, doctor's notes on plain stationery, repair bills without headings, etc. If the hearing officer doubts a document's authenticity, and respondent is not able to thoroughly dispel this doubt, the hearing officer should accept it into evidence but consider its legal weight to have been severely diminished or non-existent. b. Materiality of Documents Sometimes respondents may attempt to authenticate a defense with a document which really has nothing at all to do with the case. For example, in a case involving a "No Parking" violation, a repair bill that showed replacement of a windshield wiper would be valueless as -mitigating evidence. The hearing officer always makes sure the document being presented is actually germane to the case. C. Probative Value of Documents To be assigned any weight when judging a case, a document must prove something or explain something which is germane to the defense. Pictures, for example, in order to be useful, must orient the viewer and tell a complete story. A dose -up of a sign on a pole, for. instance, is by itself of little use since signs might be stacked one on top of the other or different signs may be posted on another pole nearby. d. Absence of Documents Sometimes the absence of documentary evidence can in itself be instructive. A respondent, for example, who claims to have had an emergency appendectomy and who responds that she doesn't have or "didn't bring" any hospital records, is either sorely lacking in common sense or possibly not telling the truth. The same applies to a number of situations where it is - reasonable to expect the respondent . to produce some documentary evidence. If the hearing officer believes that a reasonably prudent person would have produced documentary evidence to support a defense, this may be considered as a basis for sustaining a citation on the grounds of incredibility of -the evidence or inadequate proof of the defense. NOTE: Anything that is submitted must be retained in the file as it constitutes a part of the record for purposes of a possible appeal. For the documents that the respondent must retain, a complete copy should be made for the official file of the hearing. If the respondent wishes to withdraw an item from evidence, the hearing officer should explain the possible - consequence to the defense and that the document may not be 13 subsequently accepted on appeal to civil court. If the respondent persists, be certain that the respondent stipulates on the record the exact items that are being withdrawn and that the respondent is withdrawing the items of their own volition.- As a matter of routine practice, the hearing officer should read into the record any evidence submitted, or describe any items or objects (suchas pictures, charts, photos, invoices, etc.). No case should be continued solely because the respondent failed to bring all of the available documents that the respondent may consider to be pertinent to the hearing. 2.5 The Cross Examination Once the respondent or witness has stated their defense, the hearing officer should begin the cross-examination. This is the point where skill in examination is critical. 2.5.1 Obiects of Cross -Examination There are a number of things to determine on cross-examination in the first place, the hearing officer should understand the perception of the witness. Did the witness actually see what the witness thinks he saw? Did the witness look, hear, examine, etc.? The hearing officer must always be conscious of semantics. A witness may say, for example, that the respondent was "far enough" from the hydrant. What exactly is "far enough'? How many feet? Did the witness measure it?_ If so, how did the witness measure it? If the witness says there was no sign, what exactly does the witness mean by "no sign"? No sign within a few yards of the car? No sign next to the car? The witness may testify that the respondent's car was properly behind the sign.. How much of the car was behind the sign — half, one-third, three inches? All vehicles must be fully parked in a legal space. The hearing officer must question the completeness of a statement. Is the witness telling the whole story? For example, to challenge a double parking charge a respondent may claim a mechanical "breakdown" and produce a bill for starting the car. The hearing officer reviews the circumstances and finds that the respondent actually parked at 10:00 p.m. and when the respondent returned to the car at midnight found that it wouldn't start. What the respondent may have not told the hearing officer was that the car was illegally parked before the mechanical trouble. Or, as another example, the respondent may claim to have been pushed in front of a fire hydrant. The citation indicates that the car was "0" feet from the hydrant. Under questioning, the hearing officer probably could determine that if the vehicle was actually pushed, it was pushed from about five feet away to "0" feet, and was, therefore, illegally parked in the first place. 14 The hearing officer must test a .witness's memory as well. How well does a witness really remember? Is the desire to beat the case affecting a witness's memory?, For example, does the witness really remember checking her watch or hearing the time on the radio when the witness left her apartment three months ago and before seeing a citation which may have made the event significant? And, of course, the hearing officer must closely question credibility. Many of the stories presented may merely stretch the truth or twist it a bit. A half-hour becomes a "few minutes," "three feet" becomes "fifteen feet," "I usually put in a dime when I park" becomes "I absolutely remember putting in a dime," etc. But occasionally, a respondent may tell an outright lie. Many of the best sounding stories may be complete fabrications. The.hearing officer must try to determine if the person testifying is; in fact, lying. This may be a difficult decision to make. But, if after cross-examination is completed, the hearing officer believes the witness is not telling the truth, the hearing officer should ignore that testimony in making a final ruling. The hearing. officer should make clear in explaining the rationale for the decision, that the decision was based on the credible evidence, so that an appellate reviewer who did not hear the testimony will understand how someone with a defense that may sound legitimate was found liable. 2.5.2 Some Suaoested Techniques for Cross -Examining Every lawyer develops a technique for cross-examining a witness. It is incumbent upon each hearing officer to develop an effective technique since it is the hearing officer who must ultimately rule on the case. Nevertheless, because of the similarity of many of the presentations a hearing officer will encounter, there are a few suggestions which may prove helpful. a. Drawing the Witness Out Probably the best method of cross-examination is making the witness tell the whole story. Because of the informality of the proceedings, many of the defenses and explanations may be based upon what might be called partial truths. "There was no sign," "I was pushed," "I was unloading," "It was an emergency," "I broke down," etc. All of these arguments, if proved, might mitigate the violation, but they should never just be accepted on their face value. The hearing officer should encourage a witness to go into detail. Pin the witness down as much aspossible on actual observations, actual times, distances, etc. Sometimes a different picture will emerge. Thorough questioning may sometimes reveal that a respondent and his witness are diametrically opposed in their stories. 15 If a witness says that there was no sign, make the witness reconstruct the "search" for a sign. How far did he look? Did he walk to each end of the block? Do his photographs, show the whole block or only part of it? Sometimes the hearing officer may discover that the witness didn't happen to see a sign that was posted near the car and assumed parking was legal. In the case of a mechanical breakdown, make the respondent describe the whole story with a sequence of events and times. Where was the car repaired? When was it repaired? How did the respondent find the repair garage? Be suspicious of bills from garages far from the alleged breakdown. Find out if the car was already illegally parked before the alleged breakdown occurred. If the respondent was knowingly operating a defective vehicle, the respondent may be liable if the defect caused the breakdown. If the issue is late fees, the "complete" story may paint a different picture. "I never received the ticket" may mean that a person with the respondent removed the citation. Or it may mean that the respondent's daughter, who was actually driving the car, threw the citation away. Find out if someone else was driving the car. Even so, the respondent, as registered owner, is still liable for the fine and any late penalty. Examine such stories as "I was out-of-town" and, therefore, could not respond to the citation or late notice. Quite often, it may turn out that the respondent was actually away for a much shorter period of time than may first appear. This kind of questioning -- filling out the story — can often uncover the real story. Sometimes, the hearing officer will find that an excuse, even if true, is inadequate for. dismissal. Often, too, the responses elicited help to determine the credibility of a witness. Sometimes this type of examination will focus on a detail (e.g., actual measurement, actual walking the entire block looking for a sign) which the hearing officer can rephrase so directly that the witness must perjure himself to answer it in his favor. Here many witnesses will falter, allowing the examiner to pierce the story. And, alternatively, thoroughly checking the whole story may sometimes enable the hearing officer to see the merit in a defense that in its shortened form sounded inadequate or not believable. b. Rapid Questioning If the hearing officer suspects the credibility of a witness, the examiner may uncover inconsistencies by a series of detailed questions in rapid succession. It helps to have a plan, but sometimes the hearing officer can 16 just proceed instinctively by getting the witness to detail the story with such fast questioning that the witness doesn't have time to fabricate an answer. Get the witness to concentrate on recalling the event. Suddenly the witness may remember exactly where she parked, what she did and what she saw. C. Look for Contradictions The hearing officer may detect Gear contradictions by careful questioning. A truck driver, "never left the truck." Later, after pursuing a different line of questioning, the hearing officer asks: "What did the officer say?" "I didn't see the officer, the citation was there when I returned," comes the answer. Or perhaps a driver may tell the hearing officer how the officer apologized for writing the citation. Under further examination, the hearing officer may get the respondent to recall how "he told me this or that," and then point out to the respondent the fact that it was a female officer that actually wrote the citation. d. Questioning for its Own Sake Sometimes, where no obvious line of. questioning is evident, the hearing officer can just get the respondent talking about anything that comes to mind. During such questioning, the manner in which the respondent answers may help the hearing officer determine the respondent's veracity. NOTE: The above are simply examples of examination techniques that may be useful in eliciting the truth. Hearing officers are encouraged to refer to the numerous textbooks that have been written on the art of examination to develop the best method for them to use in the particular situations with which they are faced. 2.6 The Decision 2.6.1 Determination After the hearing officer has digested and weighed all the evidence, a ruling must be made. The available facts must be applied to the law. The hearing officer must determine whether the City's prima facie case has been sustained by a preponderance of the evidence, or, alternatively, has the respondent convinced the hearing officer of a legally sufficient defense or mitigating explanation? If the respondent has proven the defense to the hearing officer's satisfaction, the respondent should be found "not liable" and the citation permanently suspended. 17 the respondent has not presented a credible defense, the respondent must be found liable and the full fine forfeited. Either the respondent has adequately proven a defense or the defense has failed. Absent other mitigating circumstances, a respondent found liable has forfeited the full fine. The only exception to this would involve circumstances pertaining to the application of late payment penalties. Only In those cases in which the hearing officer is convinced that sufficient mitigating circumstance prevented the respondent from being able to make payment in a timely manrier, may the late payment penalty be waived. Late payment penalties are discussed in detail in a following section of this manual. A written notification of the hearing officer's decision will be, mailed to the respondent. The mail date of the written decision starts the dock ticking on the respondent's 20 day time limit for filing an appeal with the civil court. 2.6.2 Rationale for the Finding Each decision should be accompanied by a brief statement of the hearing officer's rationale. Of course, every decision need not be accompanied. by a detailed history of the traffic woes and parking problems of the City. But, where appropriate, especially where the hearing officer has rendered a finding of liable in a difficult case, the respondent should know the reasons. Sometimes a simple mention of the fact that all drivers benefit from turnover at parking spaces will suffice. Sometimes the hearing officer can mention the difficulties experienced by emergency services, commuters, or other persons when they cannot move freely through an area or find a place to park. To be successful in a hearing, the respondent must, at a minimum, prove that the circumstances which support a ruling of "not liable" did, in fact, exist at the relevant time of the violation. The hearing officer must weigh the reasonableness of the respondent's behavior, the extent and nature of the predicament and the gravity of the potential harm from the violation. Where an initial violation may be excusable, repetitions may be inexcusable. The hearing officer must consider the steps the respondent took to avoid the violation. For example, a radiator malfunction might excuse a violation that resulted from removing the vehicle from a stream of traffic to a place of safety. But a string of such violations over a period of days or even hours might well not be excusable. In such a situation, the operator of the vehicle must demonstrate that a reasonable effort was made to repair the malfunction. The reasonableness of a respondent's efforts is partially dependent on the gravity of the violation. One would be expected to go to greater lengths to avoid public -safety type violations, such as blocking a fire hydrant, a handicapped zone, or parking in a red zone, etc. Mi 2.7 Late Payment Penalties The hearing officer has the power to dismiss late payment penalties which have accrued, but only in the case that the respondent has conclusively demonstrated that he did not have sufficient notice of the violation and that this lack of notice precluded a timely response. If the respondent credibly testifies that he did not see the original citation (perhaps because it was blown away or removed without the respondent's knowledge), dismissal of the late payment penalty may be warranted. But if the respondent does not take appropriate action to.pay or appeal the citation within 10 days of receipt of the mailed notice of delinquent parking violation, dismissal of the late payment penalty would not be appropriate. If the citation reflected an incorrect fine, and money was paid but not enough to close the citation, the possibility of confusion may be considered as possible justification for waiving a late payment penalty. The situation is much more complicated when the respondent claims that notices went to the wrong address after the Department of Motor Vehicles had been notified of a change of address. Where the respondent adequately demonstrates that a lack of notice under these circumstances precluded timely payment, late penalties may be dismissed, but only when the respondent also credibly maintains that the original windshield copy of the citation was not received. It is incumbent upon the respondent to provide sufficient evidence to establish that the DMV was notified of a change of address prior to the date that address information was. requested by the Parking Violations Bureau. The essential point is that late penalties must not be automatically or routinely dismissed without sufficient cause. It should also be remembered that a lack of notice that may be sufficient to support a dismissal of the late payment penalty, does not automatically invalidate the citation itself. The hearing officer should be wary of the respondent who claims not to have seen or received a number of original citations. When such a claim is advanced, the hearing officer must be scrupulous in assessing the respondent's credibility and powers of recollection. In most cases, subsequent mailed notices will render the issue moot if timely action was taken by respondent. Again, even if a delinquent notice was mailed to a "wrong" address, the respondent must prove that he fulfilled his responsibility by filing a timely change of address with the DMV. A respondent's attempt to file a change of address with a processing agency will not be effective in directing future overdue notices to the' correct address and will not fulfill the statutorily mandated responsibility to maintain a current address with the DMV. In any case, it should always be recognized that the postal service, if notified, routinely forwards mail to a new address for up to one year. 19 2.8 Fine Amounts The hearing officer does not have the power to adjust the amount of a fine for a violation. Fine amounts are set only by the Parking Agency pursuant to Vehicle Code Section 40203.5. The fact that the same type of violation may "cost" a different amount depending on the month and year that a citation was issued, does not give a hearing officer the authority to adjust fine amounts to achieve "uniformity." Likewise, parking enforcement personnel do not have the powerto assess a different fine by writing in an amount on the citation. In such cases the violator must be charged the fine amount authorized by the City at the time the citation was issued. However, if the citation reflected an incorrect parking penalty amount, the possibility that the respondent was confused should be given considerable weight when reviewing the appropriateness of suspending a late payment penalty. 2.9 Prior Dismissals/Precedence It is possible that a hearing officer may discover that a hearing is being held for a citation that has been previously dismissed. Obviously, such a case should be dismissed. The computer record maintained by the Parking Ticket System is a good source of previous dispositions and should indicate any prior dismissal. Otherwise, the respondent would have to present convincing proof that the citation was previously dismissed. With the exception of a prior dismissal, however, a prior decision (by any hearing officer) does not have the force of precedence, even if the earlier decision was for the same type of violation and under very similar circumstances. Regardless of prior rulings, the hearing officer must consider each case on its own merits. A prior dismissal may, after all, have resulted from an error or been based on a subjective judgment of credibility or an analysis of the evidence with which another -hearing officer might not agree. Likewise, a prior finding of "liable" (for a different citation) is not relevant in any subsequent hearing and should not prejudice a respondent's case. Obviously, should a hearing officer become aware.that he/she had previously ruled on the same citation, the hearing officer should, after consulting with a supervisor, decline to re -hear the case. 2.10 Prior History of Violations A related but more complicated issue is the question of whether, or to what extent, a history of prior violations should be relevant to the adjudication of a subsequent case. First, it must be emphasized that the fact that an individual has received other (or similar) citations in the past, or has conceded the validity of prior citations by making payment, or appealed prior citations, cannot be used as a basis to conclude that the respondent is "liable" in, subsequent hearings, or that because the respondent is of a "litigious" disposition that there is diminished merit to a defense. The existence of other citations 20 may be relevant to the issue of notice (i.e.., an earlier citation at the same location for the same type of violation may weaken a respondent's contention that she was unaware of posted signs). It should be emphasized that awareness that one is committing a violation is not an element that is required to be established in deciding the validity of a citation. Similarly, citations at the same location issued to the same vehicle might impeach a respondent who asserts that she has never been on a particular street or does not even know where it is. (However, such a pattern of prior citations does not "prove" beyond rebuttal the accuracy of the citation being contested). A history of prior violations may also be considered when the respondent makes it an issue. If, for example, the respondent contends that she has never committed a violation before, evidence of prior citations issued to the respondent's vehicle may be useful in judging the respondent's credibility. 3.0 HEARING PROCEDURES The hearing process is generally informal. Nevertheless, there are certain rules which must be followed to insure that a proper record of the hearing is made and maintained and to avoid any problems or irregularities. 3.1 Pre -Hearing Procedures 3.1.1 Upon the respondent's arrival, the hearing clerk will verify the respondent's name and the citation number with information provided on the scheduled hearing log and note the time of arrival. 3.1.2 The hearing clerk will direct the respondent to a waiting room. 3.1.3 The hearing clerk will prepare a.file for each case to be heard.. The file must contain a facsimile copy of the citation(s) contested that were sent with the scheduled hearing docket, a hearing disposition form, ticket facsimile from Parking Ticket System and documentation of a completed administrative review. 3.1.4 The hearing clerk will escort the respondent into the hearing area and give the case file to the hearing officer. 3.2 Begin the Hearing 3.2.1 The hearing officer will present an opening statement, which includes: A short explanation of the hearing process. Notification that the hearing is being recorded. 21 • Informing the respondent that the options for contesting a citation are "admit liability with an explanation" or "deny liability." • Notifying the respondent that a written notice of the decision in the hearing will be mailed to the respondent's home address. • Informing the respondent of the right to appeal the decision in civil court and the time limit for filing an appeal. 3.2.2 Start the tape recorder or commence recording manually and note the beginning tape setting on the hearing form. 3.2.3 State the date, time and instruct the respondent to give his or her name and address for the record. 3.2.4 Ask the respondent if he or she is the registered owner of the vehicle involved. if not, ask him or her to state their relationship to the registered owner or interest in the proceeding. 3.2.5 If witnesses are present ask them to give their name and address for the record. 3.2.6 Swear in the respondent and witnesses by instructing them to put up their right hand and repeat the oath. If someone objects to taking an oath, any formal assertion of intention to testify truthfully will suffice. 3.2.7 Recite the following oath: "Do you swear or affirm that the testimony you give will be the truth? If yes, please say, 'I do."' 3.2.8 Excuse all witnesses and inform them that they will be recalled when it is their tum to testify. 3.2.9 Read the citation number, license plate number and state of registration, date, time, location and type of violation into the record. 3.2.10 Request that the respondent enter a plea of "admit liability with explanation" or "deny liability" for the record. 3.3 Review the Prima Facie Case 3.3.1 Examine the citation to determine if all statutorily required and pertinent information has been entered by the issuing officer. 3.3.2 If any vital information is missing, dismiss the citation. 22 3.3.3 If no required information is missing, follow steps outlined in 2.4 for a plea of "admit liability with explanation" or follow steps outlined on 2.5 for a plea of "deny liability." 3.4 "Admit Liability with Explanation" 3.4.1 If the respondent admits liability but desires to submit a mitigating explanation, ask the respondent to testify to the mitigating circumstance. 3.4.2 Following the testimony, ask the respondent for the record if there is any. additional testimony or evidence they wish to present. 3.4.3 If the testimony does not clearly set forth the mitigating circumstance, ask the respondent questions relating to the testimony. 3.4.4 Call in witnesses, if needed, one by one. Ask the witnesses to present their testimony for the record. 3.4.5 Review all documents and other supporting evidence. For the record, read aloud or describe any documents presented. Place copies of all documentation or other supporting evidence in the case file. 3.4.6 Ask the respondent if there is any further testimony prior to closing the hearing. 3.5 "Deny Liability" 3.5.1 Ask the respondent to present his or her testimony explaining the circumstances of the violation. 3.5.2 Listen carefully to the respondent's testimony. If necessary, cross-examine the respondent to clarify points relating to the issuance of the citation. 3.5.3 Call in witnesses, one by one. Ask the witnesses to present their testimony. 3.5.4 Review all documents and other supporting evidence. For the record, read aloud or describe any documents presented. Place copies of all documentation or other supporting evidence in the case file. 3.5.5 Ask the respondent if there is any further testimony prior to closing the hearing. 3.6 Render a Decision 3.6.1 Make a decision on liability based on the testimony and evidence. 23 3.6.2 Enter the disposition on the hearing record. Enter the total amount of fine to be forfeited. 3.6.3 Enter a brief written statement including the rationale for the decision on the hearing record. 3.6.4 Make a brief statement to the respondent regarding the decision and then briefly explain the rationale for the decision. 3.7 Close the Hearing 3.7.1 Retain a copy of the hearing record and present the respondent with a copy. Direct the respondent to the hearing clerk. 3.7.2 Turn off the recorder and note the ending tape setting on the hearing disposition form. 3.7.3 In the event that a . continuance has been granted, the hearing officer must complete and file the continuance form in the continuance folder. When the hearing that was continued is completed, the hearing officer should make the relevant entries in the continuance log. When a person to whom a continuance has been granted fails to re -appear at the appointed time, the hearing officer must render a decision on the record. The hearing officer must also complete the continuance no-show form to be mailed to the respondent. 3.8 Soeclal Situations 3.8.1 The Unruly Respondent Occasionally, a respondent will become unruly during or after a hearing. This can often be precluded by fair and courteous treatment and by a rational explanation of the decision. Respondents should have been apprised of their right to an appeal in civil court prior to the commencement of the hearing. Should a respondent become abusive, the hearing officer can call a security officer to escort the respondent from the room. A hearing officer is not required to tolerate personal abuse as part of the position. If a respondent becomes abusive, the hearing officer should warn him or her to desist, and that if such behavior continues it will result in a termination of the hearing. If a hearing must be terminated because of a respondent's objectionable behavior or refusal to comply with the procedural requirements (after proper warning), the hearing officer should enter a decision based on the evidence to that point. It is vital that the hearing officer record the entire proceeding (including warnings about objectionable behavior) and include an explanation of the resulting action on the decision form. 24 Again, it should be emphasized that everything, from the moment the respondent enters the hearing room until the announcement of the decision and the conclusion of the hearing, must be recorded on tape. If the hearing officer suspects that a problem will develop, the proceedings should continue to be recorded until the respondent has left the hearing room. It should be noted that premature termination of a hearing is a radical step and should be avoided, if possible, in all but the most flagrant cases of misconduct. 3.8.2 The Represented Respondent An appearance may be made for the registered owner of the vehicle that was cited by a representative or agent. The agent might be a relative or friend, the actual operator of the car at the time it was cited, the lessee of a rented car, an officer of a corporation, or an attorney. At present, the City will allow anyone to appear for the registered owner, so long as there is a clear statement on record of the registered owner's name and address and the relationship of the person appearing to the registered owner. The oath should be administered to the representative or agent in the same manner as it would be administered to the registered owner. 3.8.3 Ethical Guidelines If, at any time, a hearing officer is confronted with a respondent, either registered owner or representative, and the hearing officer. believes that there may be bias for or against, the hearing officer should disqualify himself or herself. If for any reason it could be implied that the hearing officer would benefit from a decision favoring or not favoring the respondent, the hearing officer should disqualify himself or herself. If, at any time, an approach is made by any person, including someone connected with the City, that, either directly or by implication, attempts to influence the hearing officer's decisions, the situation must immediately be brought to the attention of the Chief of the Bureau of Administrative Adjudication. At no time is any hearing officer or any other employee of the City to suggest, arrange, or agree that any particular respondent appear before any particular hearing officer. Any such request or suggestion shall be immediately reported to the Chief of the Bureau of Administrative Adjudication. Failure to report such a suggestion or arrangement may constitute grounds for disciplinary action against all parties withholding such knowledge. 25 3.9 Summary of Hearing Officer's Maior Tasks Make the pre -hearing statement Read the citation into the record Administer the oath Record respondent's name and address Record the registered owner's name and address and the respondent's relationship to the registered owner, if applicable Hear and examine the respondent, any witnesses and all the evidence Render and announce a decision including the rationale Record the disposition on the hearing disposition form 4.0 THE PRIMA FACIE CASE 4.1 Requirements The following items should be indicated on a citation in the special boxes provided: a. The Vehicle Code or Municipal Code Section violated b. The approximate time of the violation C. The location where the violation occurred d. The license plate number of the vehicle that committed the violation e. The expiration date of the vehicle registration tabs f. The last four digits of the vehicle identification number. (only if visible to the issuing officer) g. The color of the vehicle (optional and not cause for dismissal) h. The make of the vehicle (sometimes subjective and not cause for summary dismissal). I. The location where the fine may be paid or contested and the time period to do SO. NOTE: When a citation which has the tab expiration date and/or vehicle identification number filled in and a claim is raised by a respondent that the citation was not issued to the respondent's vehicle, the conflicting tab expiration date and/or vehicle identification number (VIN) indicated on the citation and on the respondent's vehicle registration may have some probative value as to whether the vehicle cited was actually the respondent's vehicle. This does not affect the prima facie case, however, only a particular defense. 26 It should be noted that a claim that some of the information on a citation is factually incorrect is not a challenge to the prima facie case, but only a challenge to the correct identity of the vehicle that was cited. If the respondent successfully proves that his or her vehicle was not identified on the citation, this does not permanently dismiss the citation, but rather transfers responsibility to another vehicle. 4.2 Illegibility Where the handwriting on a citation is so illegible as to be indecipherable, it should be summarily dismissed. This rule does not apply to messy, smeared or otherwise unreadable carbons, as this would encourage some individuals to tamper with or deface the windshield copy of the citation. Such claims must be verified with a photocopy of the original citation maintained on file at the Parking Violations Bureau and in almost all cases will have already been considered in the administrative review. If the hearing officer determines after further review that a citation is actually unreadable or illegible, it should be dismissed. 5.0 LATE PENALTIES 5.1 Computation of Late Penalties 5.1.1 Late penalties are assessed based on the amount indicated on the adopted Penalty Schedule if payment is not received within ten (10) days after the notice of violation. 5.2 Potential Defenses for a Late Pavment 5.2.1 Non -Receipt of Notice The most common defense claimed for making a late payment is non -receipt of the windshield copy of the citation. Occasionally, it happens that a citation is removed by pranksters or blown off the windshield. If this were true, it may be a defense to paying the late payment penalties only after receipt.of a delinquent notice, but it should never be accepted as a defense to the underlying parking violation penalty which must stand on its own. When a respondent claims non -receipt of a citation, the respondent should be questioned closely. Some techniques are suggested in the section in this manual on examination. This.defense should never just be accepted on its face. "Non -receipt" may also mean that the registered owner didn't physically receive the citation from the operator of the vehicle. This is not a valid defense, since the respondent is bound by an operator's failure to comply with the parking laws. To 27 require less, would give everyone license to claim someone else was operating the vehicle as an excuse for being late and as a defense for the violation. The hearing officer should make it standard practice to always determine who was actually operating the vehicle at the time of the violation. If someone else was the operator, the late payment penalty should always be sustained unless it can be demonstrated that the required notice of delinquent parking violation was not sent to the address on file at the DMV for the registered owner. Timely response to a notice of delinquent parking violation can be some evidence of good faith, although it does not change_ the rules regarding the operator's receipt and failure to respond to the citation. 5.3 Unacceotable Defenses for Being Late 5.3.1 Inconvenience or "Inability" A respondent may claim that it was inconvenient or that he was unable to pay the fine on time. Such a claim, due to minor sickness, absence from the area, etc., is not acceptable mitigation if the citation was placed on the car or mailed. Since a respondent may answer by mail, there is little excuse for failure to respond on time. The respondent is liable for the late fee regardless of the excuse. This applies to the respondent that claims a lack of funds, since a lack of funds does not preclude responding in a timely manner. It should be remembered that anyone who can afford to collect citations must be held responsible for either answering or paying them on time. 5.3.2 Lost Notices of Parking Violation A lost citation is not sufficient to mitigate a late payment penalty since it indicates negligence by the respondent. 5.3.3 Unseen Notices of Parkina Violation As stated above, the failure of the operator — a person, garage, etc., — to give the citation to the registered owner is not sufficient mitigation for liability for a late payment penalty. 5.3.4 Unaware of Additional Fees A statement that the Respondent didn't realize liability would increase because of a response after the due date may not be accepted for any reduction of the amount due. The notice of delinquent parking violation gives adequate notice that the fine may increase due to a late response. 5.4 Late Payment Penalty for a Dismissed Citation When a citation is dismissed or the respondent is found not liable, no late penalty shall be imposed, regardless of the fact that there may have been lateness in the respondents response. 5.5 Notice of Delinquent Parking Violation After Fine Paid Infrequently, someone may receive a notice of delinquent parking violation after the fine has been paid. Usually, this results from the payment and the computer -applied late penalties crossing paths due to the time delay in mailing a payment. Sometimes the respondent may not have paid the full scheduled fine. The respondent is still liable for late penalties in either case. 5.6 Proof of Payment The best proof of payment is, of course, a cancelled check, money order, or a cashier's receipt, all of which should contain the number of the citation claimed to have been paid. 6.0 CONTINUANCES 6.1 Pre -Hearing Continuances After the required speech reminding respondents of their right to present evidence, and under appropriate circumstances, a continuance may be granted to those requesting for the first time. Hearing officers should not engage in a "pre -hearing" to decide this. If there is doubt, grant the continuance. Relevant considerations are: The reason(s) the respondent cannot produce evidence or otherwise adequately state a case at the time of the hearing; The likelihood that a continuance will result in the production of significant relevant evidence; and The sincerity and credibility of the respondent. 6.2 Continuances for Further Proof After Hearing Commences These are virtually never to be granted. Only in the case that the respondent convinces the hearing officer that: (a) there exists evidence which would be non -cumulative and exculpatory, and (b) that the respondent was genuinely taken by surprise, should a continuance be granted. This last requirement rules out all respondents except those whom you determine genuinely misunderstood the nature of the hearing, or if they understood, were not then aware of the existence or availability of the evidence until they were already in the hearing. 29 A continuance is not to be given to anyone who should have understood the opening instructions and could have requested a continuance then, even if he or she did not realize that the evidence he or she "left at home" could have helped. The instructions on the citation and the opening instructions for the. hearing are adequate prior notice. 6.3 Other Continuances Should the respondent or a witness become ill during a hearing or another emergency delay the hearing, a continuance may be granted. 6.4 Procedure for Recording Continuances Continuances of matters heard on a citation should be granted for no more than ten (10) calendar days unless the respondent proves that he or she will be out of town, hospitalized or otherwise unable to appear. In this case, a longer period of time may be granted. The matter should be logged and the continuance notation written on the hearing disposition form. Both appearance date and continuance date should be written in full to avoid possible tampering. When granting a continuance, the hearing officer must complete the continuance form and give one copy to the respondent. The information required must also be recorded on the tape of the hearing. Respondents should be warned that failure to appear on the continued date may result in late penalties being assessed and a judgment taken by default for the full amount of the fine. They should also be instructed to bring with them to the next hearing any late notices they receive during their continuance. When a hearing is re -opened, the proceedings must be recorded on tape, whether the respondent has returned or not. The information must, of course, also be added to the hearing officer disposition form. In those cases in which the respondent does not return as scheduled, the hearing officer should see that copies of the completed disposition form are mailed to the respondent's address. The hearing officer must also complete and mail a continuance default form to the respondent. A copy of this form should be retained with the record of the hearing. Whenever any continuance is closed out, the hearing officer must make appropriate entries in the continuance log. 7.0 TYPES OF HEARINGS 7.1 Scheduled Hearings The Parking Agency Parking Citation Adjudication Program conducts hearings on a scheduled basis. A hearing is scheduled only when specifically requested, either in writing,. by telephone or in person. In order to avoid an accumulation of late payment 30 penalties and to exercise the right to contest a citation, an individual must request a hearing within the statutory time limits. Once the request for a hearing has been received, the affected citation is placed in a temporary suspend (hold) status, which not only prevents the accrual of late payment penalties, but also excludes the contested citation from a DMV registration hold or vehicle seizure eligibility. Once a hearing has been conducted and a decision rendered, the respondent has ten (10) days from the scheduled hearing date in which to pay any additional monies owed for a citation not dismissed in a hearing. Upon expiration of this period, unpaid citations are removed from suspend status, and are again subject to late payment penalties and DMV holds. 7.2 Hearing by Written Declaration In lieu of an in-person face-to-face hearing with an examiner, citation appeals may also be made by written declaration. Hearing by Written Declaration forms are available from the City's Finance Department or may be requested by mail. Hearings by Written Declaration will only be forwarded to a hearing officer after payment of the full fine due is made or, in the case of an indigent respondent, a request to waive the fine is made. The hearing officer will review the written declaration and. render a decision based on the information submitted. If the respondent is found "not liable" the fine paid for the citation will be refunded. 8.0 8.1 Denials 8.1.1 General Denial Denial that the offense was committed as charged may take various forms. Initially, a respondent may simply claim that he or she did not commit the violation charged. More often, the allegation on the citation may be challenged by a specific claim such as "time was still showing on a meter," "the car was not in the restricted area when it was cited," "the regulation was not in effectat the time stated on the citation," etc. A thorough review of the description of the violation on the citation and reference to the general standards of proof required for a valid defense, will provide a sufficient base from which a determination of liability can be made. 8.1.2 Material Error in the Vehicle Identification If a defense is raised that the vehicle identified on the citiation is not the respondent's vehicle, the following guidelines should be applied: 31 A. When the Claim May be Raised This claim must be raised after receipt of a Notice of Delinquent Parking Violation, not on the windshield copy of the citation. Possession by the respondent of the original citation is a virtual negation of this claim. B. Proof Required The only acceptable and conclusive evidence Is a copy of the vehicle registration card issued by the Motor Vehicle Registry of the State which issued the license plate cited. The registration must be carefully reviewed to verify that it was in force on the date the citation was issued. For the case in which a respondent claims that the vehicle identified on the citation was sold, proof must be provided that the vehicle was properly transferred prior to the date the violation occurred. 8.1.3 Material Error in the Allegation The respondent may contend that the issuing officer made an error in alleging the offense. Because a citation is the prima facie case, the case stands or falls as charged -- at least as to the material elements of date, time and place. If the respondent conclusivelyra oves that the vehicle was not at the place charged at the time or on the date charged, or did not do what is charged, the citation should be dismissed. Please note that it is not conclusive to prove where the respondent was on the date of the violation, the citation was issued to a vehicle, not the respondent. 8.1.4 Time of Observation Versus Time of Writing The relevant time for any allegation of parking violation is the time the infraction is observed, not the time the Notice is actually written. Therefore, where a respondent provesAhat a citation was written before the prohibition came into effect, such as a time of 3:55 p.m. written on a citation for "No Stopping/Standing 4:00 p.m. - 6:00 p.m.," the citation should be summarily dismissed. On the other hand, if an officer observed a violation before a prohibition expires (e.g., a citation for "No Parking 7:00 a.m. - 9:30 a.m." written at 9:25 a.m.) and notes this time on the citation, but actually completes and affixes the citation to the vehicle after the prohibition has expired, the citation is technically sound. It is not a valid defense to assert that the citation was actually completed and placed on a vehicle after a parking restriction had elapsed. 32 8.1.5 Challenge to lssuino Officers Judament A respondent may claim that the officer was mistaken in his or her judgment that the car was parked on a crosswalk, etc. Again, reference should be made to the elements of the offense charged to be followed by an examination of the respondent's proof. If, after such reference and examination, it appears that the respondent has proven by sufficient credible evidence that the officers judgment was incorrect, the citation may be dismissed. 8.1.6 Missing Signs The California Vehicle Code does specify the number of signs that must be posted to announce parking restrictions or the minimum distance allowable between signs. Parking Agency policy is to post a sign at the beginning and end of each block and every 100 to 200 feet within a block if it is deemed necessary because of surrounding conditions. It is also City policy to post signs at the entrance to a parking lot. If it is proved that there was no sign anywhere in the block in question, a citation may be dismissed. To assert this defense successfully, a respondent must, by proof, eliminate the possibility of a sign anywhere in the parking area or block. Proof that a bare pole existed or that there was no sign inamort of the block, is Lot adequate proof to substantiate this defense. All evidence, photos, .statements, etc., -- should indicate clearly the location referred to. The citation, of course, will indicate where the car was parked. To give perspective, photos may be "linked" to give a complete picture of the location. Photographs which show the parking area should, of course, be examined closely to determine whether signs might have been hidden behind trees, canopies, etc. The hearing officer should also take special notice of the findings in the required administrative investigation and review of a sign complaint. The investigation Is performed by a staff person from the:Department of Parking Code Enforcement and in virtually all cases includes a field inspection of the location in question. When the evidence presented by the respondent fails to prove that there was no sign anywhere in the parking area, the citation should be sustained. Respondents should be reminded that they have a duty to search a whole block for signs and that an assumption based on the absence of signs in part of a block does not fulfill this duty. 33 8.1.7 Obscured Signs An obscure sign is not a defense unless the respondent can prove: (1) that the sign was so obscured that no one could read it from any angle, and (2) that there was no other sign on the block which indicated the restriction. The fact that a sign is partially covered by a barrier or hidden from certain. angles by a tree or canopy is irrelevant. All motorists have a duty to see and obey all signs posted. 8.1.8 Defaced Signs To successfully maintain a defense of a defaced sign, the respondent must prove two things: (1) that the sign was so defaced that it could not be read, and (2) that there was no other sign in the area indicating the same restriction. If both are not proven, the defense should not be sustained. The respondent should be questioned carefully about his familiarity with the area, how often he has been there, as well as about his knowledge of the removal or defacement of the sign. 8.1.9 Meters Some skepticism should be applied to claims that a meter ran too fast. Special notice should also be taken of the result of the required administrative investigation of complaints regarding inoperative parking meters. If the respondent sounds credible, and the administrative review does not adequately address the claim, a continuance may be granted and an investigation of the parking meter may be ordered. Depending on the results of the investigation, the charge may be dismissed or the respondent may be found liable and the fine forfeited. 8.1.10 Preferential Parkino District Violations A valid permit is required for any vehicle parked in an area established as a preferential parking district and signs are posted which give notice of the district. All preferential parking permits are not valid in all districts.. Permit holders are required to abide by the parking regulations adopted by the district in which they are parking and prominently display their parking permit. The hearing officer will be provided with the rules and regulations adopted by each district. A permit violation shall not be dismissed because a permit holder did not know that her permit was not valid in the area where she was cited. Non -display or improper display of a preferential parking permit is a violation of district regulations, and multiple citations for this violation should not be dismissed. 34 Visitors who display temporary parking permits are required to follow district regulations and prominently display the temporary placard. An assertion that the respondent did not know they were parking in a preferential parking district or that they were required to display a parking permit while parked is not grounds for dismissal of the violation. 8.2 Explanations There are certain explanations which, if proven and under certain circumstances, may be the basis for a dismissal. 8.2.1 Vehicle Breakdowns If a vehicle suffers a mechanical breakdown and if reasonable efforts are made to have the vehicle removed from the street, a citation for illegal parking issued while the car was incapacitated may be dismissed. To maintain the claim of "mechanical breakdown," four elements must be proven: • The respondent must prove that the breakdown actually occurred. • The respondent must prove that the vehicle was not illegally parked before the breakdown occurred. • The violation must have resulted from the breakdown. • Reasonable steps must have been taken to remove the vehicle from the situation that caused the violation. NOTE: If the hearing officer is fully convinced that all four elements of the claim have been sustained by a preponderance of the credible evidence, the hearing officer may find the respondent not liable. If the respondents proof of any of the first three elements fails, the hearing officer should sustain the citation and find the respondent liable. 8.2.2 Poverty In very few cases, a respondent may claim and may even prove that forfeiture of the fine on a citation would be a great financial hardship. In fairness to the public at large, this must not be used as the basis for a finding of not liable or a reduction of the late payment penalty. To rule otherwise would be to encourage such 35 individuals to flout the regulations and to encourage others to claim poverty. Under law, all motorists, regardless of income or station in life, have the same responsibilities. Arrangements may be made at the Finance Department to make partial payments on a citation. 8.2.3 "Running Out of Gas" Usually, this excuse is to be rejected outright. It is the responsibility of all vehicle operators to insure that their vehicles can be operated in a safe manner. 8.3 Unacceptable Defenses or Explanations The parking laws were promulgated and fine schedules were set to discourage illegal parking by not only those people who have no reason to violate the laws but also those who do have a reason. A large number of illegal parkers firmly believe, at least in their own minds, that they had a valid- reason for ignoring the law or that their special extenuating circumstances should be reason enough to dismiss a parking citation. This, however, does not address the parking problem. It is precisely because so many people believe that they should not be subject to parking laws or that the laws are of so little consequence that they can be ignored that the parking problem continues. And grows. A social decision was made by government that, for the welfare of the community as a whole, the practice of allowing individuals to park where they wish, when they wish, and for whatever reason they may have, should be abridged. It devolves to the hearing officer to see to it that this social policy is carried out. The hearing officer must maintain a proper perspective in the hearings. The hearing officer is facing, in a large number of cases, those who ask to be excepted from the law. The hearing officer must also be mindful of the majority of citizens who acknowledge their responsibility and pay their fines. They too had personal reasons to do as they did. But they accepted the consequences of their actions in choosing to pay the scheduled fine: They must not be discriminated against in favor of those who believe that by articulating their plight in person they will be granted automatic exception. The excuses outlined in this section should never form thenp •mary basis for a dismissal. Acceptable excuses and defenses should be limited to those outlined above and others which the hearing officer determines are bona -fide and legally sufficient. This list of unacceptable excuses or defenses should not be viewed as comprehensive but are set forth only as examples. 36 NOTE: It should be Gear that just as defenses. and explanations that are unbelievable and without merit are to be rejected, credible and meritorious defenses and explanations should be accepted and given appropriate weight when rendering a decision. 8.3.1 "Making Chanae" The law requires activation of a parking meter within the time required to park, deposit the necessary coins, and activate the meter. The driver must consider this before he or she decides to park. While searching for someone to make change, the respondent Is, in effect, on a short errand, and a citation may be properly issued. 8.3.2 "Going to the Bathroom" This is never an adequate excuse for illegal parking. 8.3.3 "Short Errands" No errand, no matter how short, no matter how important to the respondent, short of a bona -fide medical emergency (not headache, cramps, etc.) is an acceptable excuse for illegal parking. The "short errand" is a very common excuse. Running in to pick up someone or something. is a common excuse for parking illegally. It is not legally valid, however, and should not result in anything but a finding of liable. 8.3.4 "Doctor/Dentist Appointment/Late for Class" Like other citizens, the owner of a motor vehicle must plan a way to arrive on time for a dentist or doctor appointment or to a class without parking illegally, and if this is not done he or she must accept responsibility. 8.3.5 "Business or Personal Appointment' The same applies here. The driver of a motor vehicle must accept responsibility for planning to arrive on time for appointments. Being late does not bestow upon the driver the privilege of parking legally. 8.3.6 "Car Used for City Business" Some employees are authorized to use their personal vehicles for City business. If the respondent claims an actual business use of the vehicle and, therefore, requests consideration under the regulations concerning City vehicles, the respondent must present a letter signed by the Director of his or her department so stating. 37 8.3.7 "1 Have a Valid Placard" Many people believe that because a special placard has been issued to them, they should automatically be granted the special privileges. Special parking privileges for certain groups of individuals, such as disabled persons, are always contingent upon the prominent display of the qualifying placard or plate. A citation is valid if there is no proof that a qualifying placard was actually displayed at the time of the violation, even if the person actually qualifies for the special privileges. , 8.3.8 "The Permit Was in the Car. The Officer Should Have Seen If Special permits must be placed in the lower left comer of the driver's side windshield or hung from the rear view mirror. Any other place is not acceptable. 8.3.9 "No Place Else to Parklfhe Lot Was Full" Rather than being a valid excuse, this, in fact, confirms the respondent's liability. This excuse also implies that if a person can't conveniently comply with the parking laws, he or she has the right to violate it. This, of course, is not the case. It is every driver's responsibility to locate legal parking. 8.3.10 "1 Didn't See the Sian" A driver is required to look for signs when parking. This may mean checking an entire block from corner to corner. Drivers are also required to notice signs as they drive. That a person did not see a sign forbidding parking is not an acceptable excuse. 8.3.11 "1 Didn't Understand the Sian" Absent genuine confusion caused by conflicting signs, this is no excuse. One is required to read and understand signs to qualify for a license to drive. 8.3.12 "The Sion Was Obscured" Unless the sign was so obscured that no one could read it from any angle, this defense has no merit. 8.3.13 "1 Am Doing a Service for the City" Many vendors believe that they should not have to pay to park. They may be doing a service for the City, but they are also being compensated for the service. W 8.3.14 "1 Had Permission" Nobody, including a police officer, parking enforcement officer or any other employee of the City, has the authority to grant permission to park illegally. A police officer may, however, order a person to pull over to the curb, pass through a red light, etc., in the performance of his duties. 8.3.15 "Only Part of My Car Was Illegally Parked" A violation is not based on a certain percentage of a vehicle being illegally parked. If part of the vehicle extends into a restricted area, the violation is the same as if the entire vehicle did. 8.3.16 N Left Someone In the Car' "I Left My Parkina Lights On or Blinkina" "I Left a Note in the Car as to My Whereabouts" "The Motor Was Running" Many respondents seem to think that evidence of a short stay mitigates the offense. It does not. The purpose of parking regulations is to restrict from certain areas motor vehicles which are not in motion. The presence of a passenger, a sign, or blinking lights does not satisfy this purpose and, therefore, does not constitute a valid reason to dismiss a violation. Blinking hazard lights certainly do not transform an ordinary vehicle into a bona -fide emergency vehicle. 8.3.17 "It Was Only a Few Minutes" This explanation is one of the most common claims. "A few minutes" is a subjective term and, in fact, can mean anything up to a few hours within a person's own rationalization. Even if true, parking for any length of time, where it is prohibited, is illegal and, for this reason alone, this excuse is unacceptable. The parking laws would have no effect if people were allowed to park illegally for their individual definition of a 'Yew minutes." 8.3.18 "Nobody Else Got a Ticket" Sometimes this defense is phrased as "discriminatory enforcement." Occasionally it is true that an officer didn't cite an entire area. Other vehicles may or may not have been parked illegally. The officer also may have had to leave the area before checking all vehicles. However, it doesn't even matter. A citation stands on its own. Whether the respondent was properly cited for the particular violation is the only issue in a hearing. Therefore, even if the respondent was the only person in the area cited, 39 the issue is; was she violating the law? If so, the daim that she was the only one cited is without merit both as a defense and as an explanation in mitigation. 8.3:19 "Rushing Out With Second Coin in Hand" It is, of course, illegal to "feed meters." The time restrictions applicable in an area means that a vehicle may park for that amount of time only, and then it must be moved. This defense is to be rejected. 8.3.20 'The Whole Block Was Parked" In parking situations, this excuse is usually more a case of individual carelessness than custom or misunderstanding. Had the respondent looked, he would have seen the sign and realized that the "other cars" were parked illegally, too. Custom, or the fact that others are committing the same violation, should be rejected as a valid defense. 8.3.21 "Someone Else Had My Car" ' In the absence of outright theft, the Vehicle Code is clear that the registered owner of a vehicle is responsible for the safe and legal operation of the vehicle. Whether a vehicle was borrowed and parked illegally by a relative or friend, or by a garage attendant, etc., it remains legally in the owner's care. The owner is responsible for all citations gathered by an operator and for all penalties incurred due to the operator's lateness or failure to respond. 8.3.22 "The Officer Saw Me Park and Didn't Say Anything — or — Said it Was O.K. for a Few Minutes." etc. There are some misunderstandings which seem to be based on the proposition that officer inaction somehow implies granting an exemption. Where this excuse is offered in good faith, it is very important to explain that the officer that saw them park and with whom they spoke may not have written a citation, but that in no way implies that they are exempted from the parking regulation, or precludes the possibility that another officer may come by and write a citation. This excuse is to be rejected. 8.3.23 'The Officer Told Me" Many people think that an officer may grant illegal parking if he or she wishes to do so. This is not true. (See 8.3.22) 40 8.3.24 'The Officer Apologized But Wrote the Citation" Such a statement only indicates that the officer may not have wanted to fight about the violation. It is easier for the officer to let the respondent vent his or her anger on the hearing officer. This excuse should be rejected as meaningless and irrelevant. It should be noted. that if the officer really believed that an error was made, the officer has the option of recommending to a supervisor that the citation be dismissed. 8.3.25 "This Violation Has Not Been Enforced in the Past" Officers in some areas may not fully enforce all parking laws for a variety of reasons. Simple neglect, inadequate staffing, other higher priorities, etc., may give rise to long-term, widespread violations in some parts of the City. But, nowhere may apparent failure to enforce any parking law constitute a valid defense for a citation. 8.3.26 "I've Done it for Years" "Everybody Does It" Those are never a valid defense or adequate mitigation for any violation of the parking laws. Nobody is to be rewarded for "getting away" with prior violations. 8.3.27 Diplomatic Immunity According to the United States Department of State, Consul Generals are exempt from the laws of a local jurisdiction only with respect to criminal acts performed in the exercise of consular functions. Since parking citations are now civil offenses, this defense is no longer applicable. 8.4 Appeals for Leniency Occasionally, when all else fails, a respondent may present an excuse which is, in effect, really an appeal for leniency. The following are some common examples. None of these, however, have sufficient legal weight to dismiss a violation. 8.4.1 "Out -of -Town Driver"P I)o Not Read English" Our signs -are printed in simple language. An out-of-town driver who makes incorrect assumptions is causing the same danger and inconvenience as any local driver who ignores the same regulation. A driver from out-of-town is required to obey all of our parking laws as a condition of being granted the privilege of operating a vehicle on our streets. 41 This same reasoning applies to a respondent who claims to not understand or read English. The ability to understand and abide by signs regulating the operation of motor vehicles is a condition for being granted a license to drive. 8.4.2 "New to the City" A new resident has the same responsibilities as everyone else. They are required to familiarize themselves with and abide by all parking regulations before they park. 8.4.3 "The Fine is Too High" Fines are set by the Parking Agency and apply to all motorists equally. The fines are not variable and may not be reduced in the absence of a legally proper reason to do so. 8.4.4 Towed Vehicles When a vehicle has been towed, the amount of the towing and any storage fees the respondent must pay is not under the hearing officer's jurisdiction. Towing fees for Official Police Garages are set by the Board of Police Commissioners. When a citation is reviewed in a hearing, only the penalty for the parking itself is subject to consideration. The hearing officer's standards for judging the validity of a case where a vehicle was towed should never vary from other cases. NOTE: The above are simply some examples of the cases that we anticipate in our hearing rooms and are meant only as suggestions. The hearing officer must decide each case on its merits. 9.0 SPECIAL CLASSES OF VEHICLES 9.1 Commercial Vehicles A commercial vehicle is defined by the State of California as any "vehicle of a type required to be registered as commercial or maintained for the transportation of persons for hire, compensation or profit, or designed, used, or maintained primarily for the transportation of property." The State of California issues a distinctive type of license plate to commercial vehicles. The plate is identified by a number followed by a letter followed by five numbers, for instance 2812345. Some commercial vehicles are issued personalized plates as indicated on the vehicle registration. 42 It should be emphasized that commercial vehicles are subject to all other rules and regulations whether or not they are loading or unloading. For example, they must pay for metered spaces, they cannot park in "No Stopping/Standing" zones orwithin thirty (30) feet of intersections. They are not allowed to double park, although some drivers will maintain that individual enforcement officers tend to give them some leeway. Such allowances are not in accord with the rules and regulations of the City and do not afford a respondent an effective defense when a. double parking citation (or any citation for a valid violation) is issued. When a commercial vehicle Is cited for exceeding the allowable time in a zone, the officer that writes the citation must indicate in the remarks section the time he or she began to observe the vehicle and another time when the vehicle became in violation. The two times must be more than thirty (30) minutes apart. Several problems tend to characterize hearings involving commercial vehicles. The issue of identification as a valid commercial vehicle is sometimes raised... If the license plates are personalized or issued by another jurisdiction and the respondent provides a valid DMV commercial registration card, the.vehicle should be considered a commercial. vehicle for the purpose of the hearing. A respondent may try to appeal to a hearing officer's sympathy by arguing that certain parking practices are essential to the conduct of his business, or necessary for his livelihood. However, if a practice (such as overtime parking) is illegal, a hearing officer must not create a special exemption to the parking laws because of a desire to alleviate the respondent's hardship. It would be improper for a hearing officer to dismiss a validly issued citation for such a reason. A hearing officer does not have the authority to effect such a policy change. A problem sometimes arises when the respondent claims that, although two times are listed on the citation which are over thirty (30) minutes apart for a Loading Zone violation, he had, within that time, moved the vehicle and returned, and, therefore, had not exceeded the allowable time limit for the particular zone. In any event, the burden is on the respondent to establish that the vehicle was not at the location in question for the period stated on the citation. To the extent that he is able to do this (through the presentation of invoices, delivery logs and the like), the hearing officer may exercise some discretion, bearing in mind that the purpose of these time restrictions is to encourage turnover and discourage vehicles from occupying spaces for long periods to the exclusion of other vehicles. It should be noted that no one "owns" "their" loading zone. Although a loading zone may be established at the request of a certain business and may be located immediately adjacent to the business, no one is entitled to exclusive or unique parking privileges. Loading zones are established for the use of all qualified commercial vehicles. 43 9.2 Government Vehicles Government vehicles are defined as those owned or leased by the United States Government, the State of California, or any city, county or other political subdivision within the State. These vehicles are generally identified by a distinctive Government or "E" plate. The vehicles also usually display government seals or other special markings. Leased or rented vehicles must display an official government vehicle placard. In general, all emergency vehicles are exempt from all parking regulations, but only while actively engaged in emergency work. This includes police and fire vehicles, and public and private ambulances. Employees driving private vehicles with official placards and on official business are not required to pay to park, but must park legally. 9.3 City Vehicles Vehicles registered to the Parking Agency are exempt from many parking regulations. They may park in permit and meter areas but are not exempt from no stopping, fire access, or disabled zones. City vehicles are identified by an "E" license plate and a four digit shop number somewhere on the vehicle. 10.0 DISABLED PARKING: CVC Section 22507.8, etc. Following is a summary of rights and responsibilities of disabled drivers along with potential problems associated with disabled parking. 10.1 Requirement to Obtain California Disabled Plate and/or Placard The Department of Motor Vehicles requires an applicant for a disabled plate or placard to submit a certificate signed by a physician, chiropractor, ophthalmologist, optometrist, or surgeon stating the disability.. Loss of limbs or any other limiting disability that can easily be seen if the disabled person applies in person at the Department of Motor Vehicles does not require a doctor's certificate. 10.2 Description The placard's size and color are determined by the DMV. Permanent placards are renewed bi-annually, with an expiration date of June 30, during odd numbered years. Temporary placards have an exact expiration date (month -day -year). Placards have no grace period. 44 The dimensions of the present permanent disabled placard is 5" x 8".. The placard is red with white printing and border, and is made. of plastic. The dimensions of the present temporary disabled placard is 6" x 12". The placard Is blue with black printing and border, and made of thick construction paper. The temporary placard states, "Temporary Parking Placard." Xerox copies of either placard are not valid; therefore, they are not acceptable. A disabled license plate is identified by the letters DP or DV appearing before the numbers on the plate (DP = Disabled Person, DV = Disabled Veteran). Environmentallpersonalized license plates will have a "DP" sticker affixed on the license plate to the right of the month, indicating disabled person. This sticker indicates that the vehicle owner is entitled to disabled parking privileges. All disabled person placards have an identification number, and each recipient of a placard issued by California is given an identification card with the corresponding number. Each person issued a placard must carry his or her identification card and, if requested by a peace officer, he or she must present it. Most disabled persons choose the disabled placard as their means of identification. With the placard there is more flexibility, since the placard can be placed in any vehicle that the disabled person will be riding in or driving. The Department of Motor Vehicles does not have a preference on placard versus license plate. DMV informs the applicant of the correct location to place the placard, so that it can be clearly visible to all law enforcement officers. The placard shall be placed on the dashboard on the driver's side of the vehicle. 10.3 Issuance The Department of Motor Vehicles tries to assure the issuance of one placard per person. The exception is: organizations and agencies responsible for transportation of disabled persons may have a placard for each vehicle for the purpose of transporting the disabled persons. NOTE: There is no difference in the disabled person vehicle license plates that are issued to passenger vehicles and the disabled person vehicle license plates that are issued to commercial vehicles. Further, when a commercial vehicle displays either a disabled plate or the disabled person placard, the vehicle is entitled to all parking privileges permitted under California State law. 10.4 Parking Privileges Disabled persons/veterans whose vehicle displays a qualifying disabled person plate or placard shall be allowed to park in: 45 a. Any metered space without being required to pay any meter fees b. Specially reserved disabled person.parking spaces C. Green zones for an unlimited time d. Time limit zones for unlimited times NOTES: Only the person to whom the disabled person placard was issued or someone transporting the disabled person may legally use the placard. Proof that a person was engaged in transporting a disabled individual while properly displaying the disabled plate or placard would constitute a valid defense for the above mentioned exempted violations. Without such proof the citation may not be dismissed. Vehicles displaying distinguishing disabled license plates or placards: issued by jurisdictions outside of the State of California are allowed the same parking privileges as disabled persons or veterans of the State of California. These individuals are also subject to the same requirements of proof to dismiss a citation. Disabled persons cannot park in zones in which the stopping, standing, or parking of all vehicles is prohibited. With the exceptions just noted, vehicles with the disabled designation may receive a citation for failing to adhere to parking regulations. In such a case, the hearing officer must use discretion in determining whether the particular handicap of the respondent, in conjunction with the surrounding circumstances, warrants dismissal of the citation. These vehicles are not exempt from disabled person ramp violations. The ramp is designed for access to all persons requiring its use. Any vehicle parked in front of a disabled person ramp denies access of the ramp to others and should be cited. 11.0 TYPE OF VIOLATION Parking citations may be classified as either a public safety or a non-public safety violation. The hearing officers decisions may consider this distinction. 11.1 Public Safetv Public Grounds Red Curb Outside of Marked Stall Parked on a Crosswalk Parked on Sidewalk Double Parking Parked in Front of Wheelchair Access Ramp Parked on Wrong Side of Street Disabled Permit[License Plate Not Displayed Parked in Alley 46 11.2 Non -Public Safety White Curb Yellow Curb Expired Meter Parked Without Valid Permit Displayed License Plate Missing Current License Tab Not Displayed NOTE: Public safety violations are classified as such because they may pose a significant hazard to the general public. Accordingly, a public safety violation shouldotot be dismissed unless it was precipitated by a bona -fide ememencv situation. The circumstances surrounding the emergency should be such that itwould not be reasonable to expect the driver to search for a legal parking space. 12.0 SEIZING OR BOOTING A VEHICLE Vehicle Code Sections 22651(i) and 22651.7 allow the City to seize or immobilize (boot) any vehicle that has been issued five or more parking citations over a period of five or more days and have not been resolved by the responsible party. Partially paid citations are also included in determining whether a vehicle is eligible for seizure. Citations issued to vehicles with an out-of-state registration count toward eligibility for seizure thirty (30) days after the issue date. Citations issued to vehicles with a California registration count toward eligibility fifty (50) days after issuance. 12.1 Tow and Storage Fees. The owner of a vehicle that has been impounded for unpaid parking citations will incur a towing charge and may also incur storage fees. These fees are set and collected by the contract towing service that towed the vehicle. If the vehicle is not immediately reclaimed and the towing service is required to store it, storage fees per day will be added. 12.2 Hearings on Seized Vehicles A few options are available to an individual whose vehicle has been seized and who wants to contest the validity of parking citations: He or she may decide to pay all of the citations owed on the vehicle and schedule a hearing in the future for those citations he or she wishes to contest. The vehicle will be released after the fines are paid and the respondent will be given the opportunity to challenge -the validity of citations at a scheduled hearing. The 47 respondent will be entitled to a refund of the fine paid for any citation that is dismissed as a result of the hearing. However, since the towing and storage fees are not subject for review in a hearing, the fees will not be refunded even if the citations are dismissed. • He or she also has the option of contesting the citations before obtaining a release of the vehicle. It is the policy of the City to expedite the scheduled hearing date for anyone whose vehicle has been seized. In a great many cases, the responsible party will be scheduled for a hearing the next day. 12.3 Release of Seized Vehicles No vehicle will be released once it has been seized until all of the outstanding citations charged to the seized vehicle, and any other vehicle registered to the registered owner of the seized vehicle, have been resolved by payment or administrative adjudication. Payment can be made in any manner. If the vehicle is towed to a contract towing service garage, it will only be released when the responsible party presents a release form indicating that all outstanding citations have been resolved, and upon settlement of the fees charged by the garage. 13.013.0 RENTAULEASED VEHICLES: CVC Section 40200 and 40209 An individual who leases or rents, rather than owns a vehicle, is jointly liable with the owner for citations issued to that vehicle. The following is a brief summary of the special procedures for rented or leased vehicles. When a citation has not been resolved or a hearing scheduled, the processing agency mails a notice of delinquent parking violation to the registered owner of the vehicle as identified by the Department of Motor Vehicles. The lease or rental company owning the vehicle has thirty (30) days (as mandated by the California Vehicle Code) to provide the name, address and driver's license number of the person to whom the vehicle was leased or rented. If this information is supplied within the thirty (30) day time limit, liability is transferred to the lessee or renter and a second/substitute notice of delinquent parking violation is mailed. If the thirty (30) day time limit is not met, there is no statutory requirement to transfer liability: liability remains with the lease or rental company. When the respondent claims he or she was identified by a lease or rental company in error and was not, in fact, operating the vehicle when it was cited, the respondent should be directed to contact the lease or rental company to resolve the dispute. The hearing officer should not make a judgment on liability in this case. Instead, a notation of what transpired is made on the disposition form and filed. The actual hearing process operates in the same manner as it does for vehicles that have not been leased or rented, except as noted above when the respondent denies leasing or renting the vehicle at the time it was cited. A person leasing a vehicle, like a registered owner, is responsible for the vehicle and all citations issued to it, no matter who was actually driving. EN 14.0 APPEALS The decision of the hearing officer is final for the administrative adjudication process. The respondent does, however, have the right to judicial review. This appeal is allowed in order to determine whether or not the respondent's rights were prejudiced by a decision which is: unsupported by substantial evidence, arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law. To exercise this right, an appeal must be filed in the Newhall Judicial District Court, within twenty (20) days from the mail date of the hearing officer's decision. The court charges a filing fee to process an appeal. If the court rules in favor of the contestant, the City must refund the filing fee as well as any parking fines that the court may dismiss. The importance of recording every hearing is to preserve, in case of appeal, exactly what happened. If an appeal is filed, a transcript will be made from what appears on the tape or what was manually recorded. Usually the judicial review of the hearing will be confined to what appears on this transcript. The judge hearing an appeal, of course, always has the option of requesting additional testimony. NOTE: A hearing officer should never speculate on the prospects for the success of an appeal and should never attempt to dissuade a respondent form exercising their right of appeal. 49