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HomeMy WebLinkAboutORD 07 (1997)ORDINANCE NO. 07(1997) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADDING CHAPTER 10.50 OF TITLE 10 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARKING CITATION PROCESSING PROCEDURES. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.50 of Title 10 of the Diamond Bar Municipal Code is hereby added to read: Chapter 10.50 PARKING CITATION PROCESSING 10.50.00. Title. This chapter shall be known as the parking citation processing ordinance of the City of Diamond Bar. 10.50.01. Definitions. Except where the context otherwise requires, the definitions provided in this section shall govern the construction of this chapter. (a) Agency shall mean the "processing agency" as defined below. (b) City shall at all times refer to the City of Diamond Bar. (c) Contestant shall mean any "operator" or "registered owner" as defined in this section who contests a parking citation. (d) Department shall mean the department of motor vehicles. (e) Hearing examiner shall mean any qualified individual as set forth in Vehicle Code Section 40215 appointed or contracted by the city to adjudicate parking citation contests administratively. (f) Issuing agency shall mean the city or its authorized agent that issues parking citations. (g) Issuing officer shall mean a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of the California Penal Code, or the successor statutes thereto, or other issuing officer who is authorized to issue a parking citation. 970922 10572-00001 afs 0962326.non 1 (h) operator shall mean any individual driving and/or in possession of a vehicle at the time a citation is issued or the registered owner. (i) Parking citation shall mean a notice that is personally given or mailed to the operator, or attached to the operator's vehicle, informing the operator of a parking, equipment and/or other vehicle violation and the operator's right to elect to pay the fine for the violation or contest the citation. (j) Parking penalty includes, the fine authorized by law for the particular violation, any late payment penalties, administrative fees, assessments, costs of collection as provided by law, and other related fees. (k) Processing agency shall mean the city or its authorized agent that processes parking citations and issues notices of delinquent parking violations on behalf of the city. (1) Registered owner shall mean the individual or entity whose name is recorded with the department of motor vehicles as having ownership of a particular vehicle. (m) Vehicle shall mean a vehicle as defined in the California Vehicle Code. (n) Violation shall mean any parking, equipment or other vehicle violation as established pursuant to state law or local ordinance. 10.50.02. Authority to contract with outside agencies. The city may issue and/or process parking citations and notices of delinquent parking violations, or it may enter into a contract with a private parking citation processing agency, or with another city, county, or other public issuing or processing agency. Any contract entered into pursuant to this section shall provide for monthly distribution of amounts collected between the parties, except amounts payable to the county pursuant to Chapter 12 (commencing with Section 76000) of Title 8 of the California Government Code, or the successor statutes thereto, and amounts payable to the department pursuant to California Vehicle Code Section 4763 or the successor statute thereto. 10.50.03. Authority to conduct administrative review process; hearing officer; procedures. The processing agency may review appeals or other objections to a parking citation pursuant to the procedures set forth in this section. 970922 10572-00001 afs 0962326.non 1 - 2 - (a) For a period of twenty-one (21) calendar days from the issuance of the parking citation, or fourteen (14) calendar days from the mailing of the notice of delinquent parking citation, an operator may request initial review of the notice by the issuing agency. The request for initial review may be made in writing, by telephone or in person. (b) The initial review by the processing agency shall consist of those procedures as outlined in subsection (1) of paragraph (a) of section 10.50.12. (c) If the operator is dissatisfied with the results of the initial review, the operator may contest the parking citation or notice of delinquent parking violation through an administrative hearing review process as outlined in section 10.50.12. In order to contest the parking citation, the operator must deposit with the processing agency the full amount of the parking penalty on or before the twenty-first (21st) calendar day following the mailing to that operator of the results of the processing agency's initial review. At the same time, the operator must provide a written explanation of the reason or reasons - for contesting the parking citation on a form provided by the processing agency. If the operator is unable to deposit the full amount of the parking penalty, the operator must provide verifiable and substantial proof of an inability to deposit the parking penalty. Upon presentation of such proof, the processing agency shall proceed with the contest procedure despite the operator's failure to deposit the full amount of the parking penalty. If it is ultimately determined that the operator is not liable for the parking violation, then the full amount of the parking penalty deposited shall be refunded. The contestant may contest the parking citation either by written declaration, on forms provided by the processing agency, or by personal appearance before a hearing examiner. (d) The processing agency shall provide, through an administrative policy, a procedure for contesting parking citations and notices of delinquent parking violations. 10.50.04. Process by which parking citations must be issued. -- Parking citations shall be issued in accordance with the following procedures: 970922 10572-00001 afs 0962326.non 1 - 3 - (a) If a vehicle is unattended at the time that the parking citation is issued for a parking violation, the issuing officer shall securely attach to the vehicle the parking citation setting forth the violation, including reference to the section of the California Vehicle Code, the City's Municipal Code or other parking regulation violated; the date; the approximate time of the violation; the location of the violation; a statement printed on the notice indicating that payment is required to be made not later than twenty-one (21) calendar days from the date of the issuance of the parking citation; and the date by which the operator is to deposit the parking penalty or contest the parking citation pursuant to Section 10.50.12. The citation shall state the amount of the parking penalty and the address of the agent authorized to receive deposit of the parking penalty. The parking citation shall also set forth the vehicle license number and registration expiration date, if such date is readable; the last four (4) digits of the vehicle identification number, if that number is readable through the windshield; the color of the vehicle; and, if possible, the make of the vehicle. The parking citation or copy thereof, shall be considered a record kept in the ordinary course of - business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained therein. (b) The parking citation shall be served by attaching it to the vehicle either under the windsheild wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person. (c) Once the parking -citation is prepared and attached to the vehicle pursuant to subsections (a) and (b) above, the issuing officer shall file notice of the parking violation with the processing agency. (d) If during issuance of the parking citation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the parking citation to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within fifteen (15) calendar days of issuance of the parking citation, a copy of the parking citation to the registered owner. (e) If within twenty-one (21) calendar days after the parking citation is issued, the issuing agency or the 970922 10572-00001 afs 0962326.non 1 - 4 - issuing officer determines that, in the interests of justice, the parking citation should be canceled, the issuing agency shall cancel the citation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the parking citation. The reason for the cancellation shall be set forth in writing. If after a copy of the notice of parking violation is attached to the vehicle, the issuing officer determines that there is incorrect data on the notice, including but not limited to the date or time, the issuing officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely entry of the notice on the processing agency's data system. A copy of the correction shall be mailed to the registered owner of the vehicle. Under no circumstances shall a personal relationship with any public official, officer, issuing officer, or law enforcement agency be grounds for cancellation. (f) If a processing agency makes a finding that there are grounds for cancellation as set forth in the city's administrative policy, or pursuant to any other basis provided by law, then the finding or findings shall be filed with the processing agency, and the parking citation shall be canceled pursuant to subsection (1) of paragraph (a) of section 10.50.12. 10.50.05. Parking penalties. (a) Parking penalties shall be established by resolution of the city council. (b) All parking penalties received by the processing agency shall accrue to the benefit of the city. 10.50.06. Parking penalties received by date fixed; no contest; request to contest. If the parking penalty is received by the processing agency and there is no contest by the date fixed on the parking citation, all proceedings as to that parking citation shall terminate. If the operator contests the parking citation, the processing agency shall proceed in accordance with section 10.50.12. 10.50.07. Parking penalties not received by date fixed. 970922 10572-00001 afs 0962326.non 1 - 5 - If payment of the parking penalty is not received by the processing agency by the date fixed on the parking citation, the processing agency shall deliver to the registered owner a notice of delinquent parking violation pursuant to section 10.50.08. Delivery of a notice of delinquent parking violation may be made by personal service or by first class mail addressed to the registered owner of the vehicle as shown on the records of the department. 10.50.08. Notice of delinquent parking violation; contents. The notice of delinquent parking violation shall contain the information required to be included in a parking citation pursuant to section 10.50.04. The notice of delinquent parking violation shall also contain a notice to the registered owner that, unless the registered owner pays the parking penalty or contests the citation within twenty-one (21) calendar days from the date of issuance of the parking citation or within fourteen (14) calendar days after the mailing of the notice of delinquent parking violation or completes and files an affidavit of nonliability that complies with section 10.50.10 or section 10.50.11, the vehicle registration shall not be renewed until the parking penalties have been paid. In addition, the notice of delinquent parking violation shall contain, or be accompanied by, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing an affidavit, and instructions for returning the affidavit to the issuing agency. If the parking penalty is paid within twenty-one (21) calendar days from the date of issuance of the parking citation or within fourteen (14) calendar days after the mailing of the notice of delinquent parking violation, no late penalty or similar fee shall be charged to the operator. 10.50.09. Copy of citation upon request by registered owner. (a) Within fifteen (15) calendar days of request, made by mail or in person, the processing agency shall mail or otherwise provide to the registered owner, or the registered owner's agent, who has received a notice of delinquent parking violation, a copy of the original parking citation. The issuing agency may charge a fee sufficient to cover the actual cost of copying and/or locating the original parking citation, not to exceed two dollars ($2.00). Until the issuing or processing agency complies with a request to provide a copy of the parking citation, the processing agency may not proceed to immobilize the vehicle in question merely because the registered owner has received five (5) or more outstanding parking violations over a period of five (5) or more calendar days. (b) If the description of the vehicle on the parking citation does not substantially match the corresponding 970922 10572-00001 afs 0962326.non 1 - 6 - information on the registration card for that vehicle the processing agency shall, on written request of the operator, cancel the notice of parking violation. 10.50.10. Affidavit of nonliability; leased or rented vehicle. A registered owner shall be released from liability for a parking citation if the registered owner files with the processing agency an affidavit of nonliability in a form satisfactory to the processing agency and such form is returned within thirty (30) calendar days after the mailing of the notice of delinquent parking violation together with proof of a written lease.or rental agreement between a bona fide rental or leasing company and its customer which identifies the renter or lessee and provides the operator's driver's license number, name and address. The processing agency shall serve or mail to the renter or lessee identified in the affidavit of nonliability a notice of delinquent parking violation. The processing agency shall inform the renter or lessee that he or she must pay the full amount of the fine, or provide notice to the processing agency that he or she intends to contest the parking citation pursuant to section 10.50.12 within twenty-one (21) calendar days from the date of issuance of the parking citation or within fourteen calendar (14) days after the mailing of the notice of delinquent_ parking violation. If the processing agency does not receive payment of the parking citation or does not receive notice of an intent to contest said period, the processing agency may proceed against the renter or lessee pursuant to section 10.50.13. 10.50.11. Affidavit of nonliability; sale. A registered owner of a vehicle shall be released from liability for a parking citation issued to that vehicle if the registered owner served with a notice of delinquent parking violation files with the processing agency, within thirty (30) calendar days of receipt of the notice of delinquent parking violation, an affidavit of nonliability together with proof that the registered owner served with a notice of delinquent parking violation has made a bona fide sale or transfer of the vehicle and has delivered possession thereof to the purchaser prior to the date of the alleged violation. The processing agency shall obtain verification from the department that the former owner has complied with the requirements necessary to release the former owner from liability pursuant to California Vehicle Code Section 5602 or the successor statute thereto. If the registered owner has complied with California Vehicle Code Section 5602, or the successor statute thereto, the processing agency shall cancel the notice of delinquent parking violation with respect to the registered owner. If the registered owner has not complied with the requirements necessary to release the owner from liability pursuant to California Vehicle Code Section 5602, or the 970922 10572-00001 afs 0962326.non 1 — 7 successor statute thereto, the processing agency shall inform the registered owner that the citation must be paid in full or contested pursuant to section 10.50.12. If the registered owner does not comply, the processing agency shall proceed pursuant to section 10.50.13. 10.50.12. Contesting parking citation; procedure. (a) If an operator or registered owner contests a parking citation or a notice of delinquent parking violation, the processing agency shall do all of the following: (1) First, either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the citation with respect to the contestant's written explanation of the reason or reasons for contesting the parking citation. If, based on the results of that investigation, the processing agency is satisfied that the violation did not occur, because the registered owner was not responsible for the violation by virtue of having sold, rented or leased the vehicle, or because legally supportable or mitigating circumstances as set forth in the city's administrative policy warrant a dismissal, the processing agency shall cancel the parking citation, and make an adequate record of the reason or reasons for canceling the parking citation. The processing agency shall mail the results of the investigation by first class mail to the contestant within ten (10) calendar days of the decision. (2) If the contestant is not satisfied with the results of the investigation provided for in subsection (1), the contestant may, within twenty-one (21) calendar days of the mailing of the results of the initial investigation, deposit the amount of the parking penalty or provide proof of an inability to deposit the parking penalty, and request an administrative hearing. An administrative hearing shall be held within ninety (90) calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to Article 2 of Chapter 1 of Division 17 of the Vehicle Code. The operator requesting the administrative hearing may request one continuance, not to exceed twenty-one (21) calendar days. (3) If the contestant prevails at the administrative hearing, then the full amount of the parking penalty deposited shall be refunded. (b) The administrative review procedure shall consist of the following: 970922 10572-00001 afs 0962326.non 1 - 8 - (1) The contestant shall make a written request for administrative hearing on a form and in a manner satisfactory to the processing agency, and may request to contest the parking citation either in person or by written declaration. (2) If the contestant is a minor, that person shall be permitted to appear at a hearing or admit responsibility for a parking citation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as if the minor were an adult. (3) The administrative hearing shall be conducted before a qualified hearing examiner as defined in Vehicle Code Section 20215 and appointed or contracted by the city to conduct the administrative review. (c) The issuing officer shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the parking citation or copy thereof, and information received from the department identifying the registered owner of the vehicle. This documentation in proper form shall be considered prima facie evidence of the violation. (d) The hearing examiner's final decision shall be in writing and delivered personally to the contestant or the contestant's agent, or delivered by first class mail within ten (10) working days following the hearing. (e) If the contestant is not the registered owner of the vehicle, all notices to the contestant required under this section shall also be given to the registered owner by first class mail. 10.50.13. Collection of unpaid parking penalties. Except as otherwise provided below, the processing agency shall proceed under paragraph (a) or paragraph (b), but not both, in order to collect an unpaid parking penalty: (a) File an itemization of unpaid parking penalties and other related fees with the department for collection pursuant to the California Vehicle Code Section 4760 or the successor.statute thereto. (b) If more than four hundred dollars ($400.00) in unpaid parking penalties and other related fees have been accrued by any one registered owner or the registered owner's renter, lessee or sales transferee, proof thereof may be filed with the court which has the same 970922 10572-00001 afs 0962326.non 1 - 9 - effect as a civil judgment. Execution may be levied and such other measures may be taken for the collection of the judgment as are authorized for the collection of unpaid civil judgments entered against a defendant in an action against a debtor. The processing agency shall send notice by first-class mail to the registered owner or renter, lessee, or sales transferee indicating that a civil judgment has been filed and the date that the judgment shall become effective. The notice shall also indicate the time: that execution may be levied against that person's assets, that liens may be placed against that person's property, that the person's wages may be garnished, and that other steps may be taken to satisfy the judgment. The notice shall also state that the processing agency will terminate the commencement of a civil judgment proceeding if all parking penalties and other related fees are paid prior to the date set for hearing. If judgment is entered, then the city may file a writ of execution or an abstract with the court clerk's office identifying the means by which the civil judgment is to be satisfied. If a judgment is rendered for the processing agency, that agency may contract with a collection agency. The processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested. (c) If the registration of the vehicle has not been renewed for (60) calendar days beyond the renewal date, and the citation has not been collected by the department pursuant to the California Vehicle Code Section 4760, or the successor statute thereto, then the processing agency may file proof of unpaid penalties and fees with the court which has the same effect as a civil judgment as provided above in subsection (b). (d) The processing agency shall not file a civil judgment with the court relating to a parking citation filed with the department unless the processing agency has determined that the registration of the vehicle has not been renewed for sixty (60) calendar days beyond the renewal date and the citation has not been collected by the department pursuant to the California Vehicle Code Section 4760 or the successor statute thereto. 10.50.14. Obligation of processing agency once parking penalty paid. (a) If the operator or registered owner served with notice of delinquent parking violation, or any other person who presents 970922 10572-00001 afs 0962326.non 1 - 10 - the parking citation or notice of delinquent parking violation, deposits the penalty with the person authorized to receive it, the processing agency shall do both of the following: (1) Upon request, provide the operator, registered owner, or the registered owner's agent with a copy of the citation information presented in the notice of delinquent parking violation. The processing agency shall, in turn, obtain and record in its records the name, address and driver's license number of the person actually given the copy of the citation information. (2) Determine whether the notice of delinquent parking violation has been filed with department or a civil judgment has been entered pursuant to section 10.50.13. (b) If the processing agency receives full payment of all parking penalties and other related fees and the processing agency has neither filed a notice of delinquent parking violation nor entered a civil judgment, then all proceedings for that citation shall cease. (c) If the notice of delinquent parking violation has been filed with the department and has been returned by the department pursuant to the provisions of the California vehicle Code and payment of the parking penalty has been made, along with any other related fees, then the proceedings for that citation shall cease. (d) If the notice of delinquent parking violation has been filed with the department and has not been returned by the department, and payment of the parking penalty for, and any applicable costs of, service in connection with debt collection have been made, the processing agency shall do all of the following: (1) Deliver a certificate of payment to the operator, or other person making payment; (2) Within five (5) working days transmit payment information to the department in the manner prescribed by the department; (3) Terminate proceedings on the notice of delinquent parking violation; (4) Deposit all parking penalties and other fees as required by law. 10.50.15. Deposit of parking penalties with the city. All parking penalties collected, including process service fees and costs related to civil debt collection, shall be deposited to the account of the processing agency, and then 970922 10572-00001 afs 0962326.non 1 - 11 - remitted to the city, if the city is not also the processing agency. If the city is not the processing agency, then the city shall enter into an agreement with the processing agency for periodic transfer of parking citation receipts, along with a report setting forth the number of cases processed and the sums received. 10.50.16. Filing of annual reports. The processing agency shall prepare an audited report at the end of each fiscal year setting forth the number of cases processed, and all sums received and distributed, together with any other information that may be specified by the city or its authorized issuing agency or the state controller. The report is a public record and shall be delivered to the city and its authorized issuing agency. SECTION 2. Savings Clause. If any section, subsection, part, paragraph, clause, sentence or phrase of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the validity of the remaining portions of the Ordinance, the application thereof shall not be affected, and shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, paragraph, clause sentence or phrase regardless or whether any other section, subsection, part, paragraph, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional. PASSED, APPROVED and ADOPTED this 4th day of No,�nmhu—) 1997. Mayor ATTEST: (SEAL) City'Clerk 970922 10572-00001 afs 0962326.non 1 12 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 7th day of octobpr , 1997, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of November , 1997, by the following vote: AYES: COUNCILMEMBER- Ansari, Harmony, Werner, MPT/Herrera, M/Huff NOES: COUNCILMEMBER - None ABSENT: COUNCILMEMBER - None ABSTAINED: COUNCILMEMBER - None L A BURGESS, Ci y Clerk City of Diamond Bar ORDINANCE NO. 07(199-7) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADDING CHAPTER 10.50 OF TITLE 10 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARKING CITATION PROCESSING PROCEDURES. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.50 of Title 10 of the Diamond Bar Municipal Code is hereby added to read: Chapter 10.50 PARKING CITATION PROCESSING 10.50.00. Title. This chapter shall be known as the parking citation processing ordinance of the City of Diamond Ba r. 10.50.01. Definitions. Except where the context otherwise requires, the definitions provided in this section shall govern the construction of this chapter. (a) Agency shall mean the "processing agency" as defined below. (b) City shall at all times refer to the City of Diamond Bar. (c) Contestant shall mean any "operator" or "registered owner" as defined in this section who contests a parking citation. (d) Department shall mean the department of motor vehicles. (e) Hearing examiner shall mean any qualified individual as set forth in Vehicle Code Section 40215 appointed or contracted by the city to adjudicate parking citation contests administratively. (f) issuing agency shall mean the city or its authorized agent that issues parking citations. (g) issuing officer shall mean a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of the California Penal Code, or the successor statutes thereto, or other issuing officer who is authorized to issue a parking citation. 970922 10572-00001 afs 0962326.non 1 (h) Operator shall mean any individual driving and/or in possession of a vehicle at the time a citation is issued or the registered owner, W Parking citation shall mean a notice that is personally given or mailed to the operator, or attached to the operator's vehicle, informing the operator of a parking, equipment and/or other vehicle violation and the operator's right to elect to pay the fine for the violation or contest the citation, (j) Parking penalty includes, the fine authorized by law for the particular violation, any late payment penalties, administrative fees, assessments, costs of collection as provided by law, and other related fees, W Processing agency shall mean the city or its authorized agent that processes parking citations and issues notices of delinquent parking violations on behalf of the city, (1) Registered owner shall mean the individual or entity whose name is recorded with the department of motor vehicles as having ownership of a particular vehicle, (m) Vehicle shall mean a vehicle as defined in the California Vehicle Code, (n) Violation shall mean any parking, equipment or other vehicle violation as established pursuant to state law or local ordinance, 10.50.02. Authority to contract with outside agencies. The city may issue and/or process parking citations and notices of delinquent parking violations, or it may enter into a contract with a private parking citation processing agency, or with another city, county, or other public issuing or processing agency. Any contract entered into pursuant to this section shall provide for monthly distribution of amounts collected between the parties, except amounts payable to the county pursuant to Chapter 12 (commencing with Section 76000) of Title 8 of the California Government Code, or the successor statutes thereto, and amounts payable to the department pursuant to California Vehicle Code Section 4763 or the successor statute thereto, 10.50.03. Authority to conduct administrative review process; hearing officer; procedures. The processing agency may review appeals or other objections to a parking citation pursuant to the procedures set forth in this section, 970922 10572-00001 afs 0962326.non 12