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HomeMy WebLinkAboutCC Ord 1472-U 2001-06-11 ORDINANCE NUMBER 11f1t - u I AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING ARTICLE XV TO CHAPTER 13 OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO PARKING CITATION PROCESSING AND DECLARING THE URGENCY THEREOF The City Council of the City of Seal Beach does ordain as follows: Section 1 Chapter 13 of the Code of the City of Seal Beach is hereby amended by adding Article XV, Sections 13-166 through 13-183 to read as follows: "Section 13-166, Title. This Chapter shall be known as the Parking Citation Processing Ordinance of the City of Seal Beach, Section 13-167, 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 Seal Beach. ( c) "Contestant" shall mean any "operator" or "registered owner" as defined in this Section who contests a parking citation. I (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, (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, I G) "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. . (I) "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, Ordinance Number 1~;1~ (m) "Vehicle" shall mean any self-propelled vehicle operated or suitable for operation on a highway. (n) "Violation" shall mean any parking, equipment or other vehicle violation as established pursuant to state law or local ordinance. Section 13-168, 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. I 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, Section 13-169. 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. (a) For a period oftwenty-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 Subdivision (1) of paragraph (a) of Section 13-178 (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 13-178, I In order to contest the parking citation, the operator must deposit with the pr<;lcessing 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. Ifit 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, Section 13-170. Process by which Parkin~ Citations Must Be Issued. Parking citations shall be issued in accordance with the following procedures: I (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 indicating that payment is required to be made not later than twenty-one (21) calendar days from the Ordinance Number ,,~~~ date of the violation and the date by which the operator is to deposit the parking penalty or contest the parking citation pursuant to Section 13-178, The citation shall state the amount of the parking penalty and the address of the agent authorized to receive deposit of the parking penalty. 1 The parking citation shall also set forth the vehicle license number and registration expiration date, if such date is visible; the last four 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, (b) 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. (c) Once the parking citation is prepared and attached to the vehicle pursuant to paragraph (a) 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) days of issuance of the parking citation, a copy of the parking citation to the registered owner. 1 (e) If after a copy of the parking citation is attached to the vehicle, or personally given to the operator, the issuing agency or the issuing officer determines that the issuing officer was in error in issuing the parking citation, the issuing officer or the issuing agency may recommend, in writing, that the parking citation be canceled, The written recommendation shall state the reason or reasons for cancellation and shall be filed with the processing agency, 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 operator receiving the notice of parking violation. Under no circumstances shall a personal relationship with any public official, officer, issuing officer, or law enforcement agency be grounds for cancellation, (t) 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 Subdivision (1) of paragraph (a) of Section 13-178. Section 13-171. Parkin!!:Penalties. (a) Parking penalties shall be established by resolution of the City, (b) All parking penalties received by the processing agency shall accrue to the benefit of the City. I' Section 13-172 Parkin!!: 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 13-178, Section 13-173. Parking Penalties Not Received bv Date Fixed. If payment of the parking penalty is not received by the processing agency by the date fixed on the parking Ordinance Number I~?'~ citation, the processing agency shaH deliver to the registered owner a notice of delinquent parking violation pursuant to Section 13-174. 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. Section 13-174. 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 13-170. 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 after mailing the notice of delinquent parking violation or completes and files an affidavit of nonliability that complies with Section 13-176 or Section 13-177, 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, I If the parking penalty is paid within twenty-one (21) calendar days after the mailing of the notice of delinquent parking violation, no late penalty or similar fee shall be charged to the operator. Section 13-175, Copy of Citation UDon Reauest bv Registered Owner. (a) Within fifteen (15) days ofrequest, 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 ($2) dollars. 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 or more outstanding parking violations over a period of five or more days. I (b) If the description of the vehicle on the parking citation does not substantially match the corresponding information on the registration card for that vehicle the processing agency shaH, on written request of the operator, cancel the notice of parking violation. Section 13-176. 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 shaH 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 13-178 within twenty-one (21) calendar days of 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 within twenty-one (21) calendar days, the processing agency may proceed against the renter or lessee pursuant to Section 13-180. I Section 13-177, Affidavit ofNonliabili~: Sale. A registered owner ofa 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) 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 Ordinance Number ;I~j1~ 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. I 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 successor statute thereto, the processing agency shall inform the registered owner that the citation must be paid in full or contested pursuant to Section 13-178, If the registered owner does not comply, the processing agency shall proceed pursuant to Section 13-180. Section 13-178. 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. I 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) days of the decision, (2) If the contestant is not satisfied with the results of the inv~stigation provided for in paragraph one (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 and other related fees or provide proof of an inability to deposit the parking penalty, and request an administrative review. 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: (1) The contestant shall make a written request for administrative review 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, I (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 review shall be conducted before a qualified hearing examiner as defined in Vehicle Code Section 40215 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 review, The issuing agency shall not be required to produce any evidence other than the Ordinance Number /~;r~ 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 wntmg 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, I (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. Section 13-179. Vehicle Parking: Permits Denied if OutstandinS!: Parking Penalties. Parking permits issued by the City pursuant to Chapter 13, Article XII shall not be issued to applicants unless all outstanding parking penalties and other related fees are paid in full. Section 13-180 Collection of Uno aid ParkinS!: 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 ($400) dollars in unpaid parking penalties and other related fees have been accrued by anyone registered owner or the registered owner's renter, lessee or sales transferee, proof thereof may be filed with the court which has the same 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. I 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) 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 sarne effect as a civil judgment as provided above in Subdivision (b). I (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) 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. Section 13-181, ObliS!:ation of Processing: AS!:ency Once ParkinS!: Penalty Paid. Ordinance Number /#1"?~ (a) If the operator or registered owner served with notice of delinquent parking violation, or any other person who presents 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: I (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 shaH, 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 13-180, (b) If the processing agency receives full payment of aH 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 shaH cease. ( c) If the notice of delinquent parking violation has been filed with the Depanment 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 coHection have been made, the processing agency shall do all of the following: I (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. Section 13-182. 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 remitted to the City, if the City is not also the processing agency, I If the City is not the processing agency, then the City .s.ha,H~re('i.~o an agreement with the processing agency for periodic transfer of parking cit!lti~n '~p"*,l!Jong with a report setting forth the number of cases processed and the suins receive~,~'<l.~ .,1" ~'~~ Section 13-183. Filing of Annual Reports. The processing4agenc}j sh.JII-;krepare an _-<\1 (rio'r I audited report at the end of each fiscal year setting forth the num)jer~of'ca~ rocessed, and aH sums received and distributed, together with an~~tper. in{Qriiil!-tiQn at may be specified by the City or its authorized issuing agency or the St~~,q1J~q,~'" he report is a public record and shaH be delivered to the City and its authorizeiHssuing agency." Section 2, Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or ponions thereof be declared invalid or unconstitutional. Ordinance Number I~~~ Section 3. Declaration of Urgency. The adoption of this ordinance is for the immediate preservation of the public peace, health and safety. State Vehicle Code Sections relating to parking citation procedures have been amended. The City must adopt an ordinance that amends the Seal Beach Municipal Code so that it is consistent with the State Vehicle Code, Such an ordinance must be adopted and must become effective immediately in order to allow the expeditious, orderly, and economically feasible processing of parking citations. The City must adopt the regulations contained in this ordinance in order to employ parking citation procedures in a manner that will protect the public peace, health and safety. I Section 4, Effective Date. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. COUNCll.MEMBE 200 I by the following called PASSED AND ADOPTED this / /~ day vote: AYES: ~ NOES: ABSENT: ABSTAINED: ATTEST: w'4.~ ayor I I, Joanne Yeo, City Clerk of the City of that the foregoing ordinance was j7!jlduced a City of eal each held on the ~ day of passe at a lar meeting of tlie City Council day of 2001. al Beach, California, do hereby certify gular meeting of the Council of the 2001 and was fi~ he City of Seal Beach held this _ I Ordinance Number I4Ii'~ PROOF OF PUBLICATION (2015.5 C,C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County . Clerk's Filing Stamp lam a citizen of the United States nd a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been pl!blished In each regular and entire issue of aid newspaper and not in any supplement thereof on the following dates, to-wit: 0/)-1 I~oo I , all in the year 2001. I Proof of Publication of ............................................... ...................~................~.......... , .' SUMMARY,,' ORDINANCE NUMBER 1472 'PARKING CITATION PROCESS. . . "ING . 'URGENCY , Ordinance Number .1472 of the CltV of Seal Beach 'amends the COde of the City of s.iaJ ~ by addll'91eg- ulatJons partalnrng to parking Cltallon ~BlSlng, thIS amendment to com- . PlY WIth ills CahfomlB Vehlcfe Code man~8te Of.,\th,' transfer. of par~lng crtaboo processing funcbons frorri the" )XJurts to ~lbes Ordinance Number, 1473 Yfas adopted as an urgency' "9n:1m~nce al the regular Cdy Coun- cil mefltlng of June 11'",2001 by the ~.!I~g~_,,:,_-- __ AVES: BOyd, Campbell, Doane. La;:-- ..son..Yost,.:_.. ,_.' . P'" ...... NOES: None : . . MOTt9N c;ARRIED . _, .' \ _, CoPI~s'Of.Ordlliance 'Number ;'~72 are available from the offIce of the CIty Clerk;'Cdy Hall. 211 8th Streef ~ Seal'Beach. telsp':hcme (562) 431~ 2527. - ... ..- ....... . DATED THIS 1?ctaYofJune 2001 '-.Joanne M:Vea;-" -.. .. ...... ,_ CIty-Clerk' '._ ..... I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. Dated at Seal Be~A, this2...L-day ofAX\ a. .....!IIo. ,,-, . ,2001. ,iI " I ig ature PUBLlCATI P CESSED BY: . THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555. (949) 759-7726 '. "';"0; 'tj. , . .! " - ~,'~ " '.; , .L''' , "-1?1 . '~'. ", "