HomeMy WebLinkAbout6.1 On Street Storage CITY CLERK
File # [~~]-[][]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 19, 2003
SUBJECT:
Public Hearing - An Ordinance of the City of Dublin Repealing and
Replacing Section 6.04.430 Regarding On-street Storage of Vehicles
and Repeal and Replacement of Other Affected Sections of the Dublin
Municipal Code (Second Reading)
Report Prepared by doni Patti#o, Assistant City Manager, Lt. Glenn Moon,
Dublin Police Services, and Marnie R. ~Vaffle, Assistant Planner
ATTACHMENTS:
1. An Ordinance of the City of Dublin repealing and replacing Section
6.04.430, Use of streets for parking and/or storage of certain vehicles
prohibited.
2. Parking Citation Administrative Adjudication Policy and Procedure
Guidelines, Revised, July 2001.
3. City of Dublin Parking Citation Sequence of Events flowchart.
RECOMMENDATION:
1. Open Public Hearing and receive Staff presentation.
2. Take testimony from the Public.
3. Question Staff and the Public.
4. Close the Public Hearing and deliberate.
5. Waive the 2nd Reading and adopt the Ordinance repealing and replacing
Section 6.04.430, Use of streets for parking and/or storage of certain
vehicles prohibited.
FINANCIAL STATEMENT:
The cost estimate to implement the proposed Ordinance is $2,000,
which would pay for the new street signs and their installation and the
printing costs associated with the educational brochure. The Staff
time associated with implementing this Ordinance is not known at this
time.
PROJECT DESCRIPTION:
An Ordinance approving the repeal and replacement of Section 6.04.430, Use of Streets for parking
and/or storage of certain vehicles prohibited. These changes to the Dublin Municipal Code will restrict
the parking and/or storage of certain commercial vehicles, oversized motor vehicles, and non-motorized
vehicles on the Public street. Table 1 compares the existing Ordinance regarding on-street vehicle parking
and/or storage ~th the proposed new Ordinance.
COPIES TO: Oversized Vehicle Committee
Joe & Pat Banchero for the Willow Creek Residents
~ ~ ITEM NO. ~
Table 1
COmparison of Existing and Proposed Ordinances
ELEMENTS OF ON-STREET
VEHICLE STORAGE
ORDINANCE
Time Limits for Parking
Movement Distance Required
Definitions of Oversized - Non-
Motorized Vehicles
Guest Parking of Oversized
Vehicle
Restrictions in Proximity to
Intersections
Commercial Vehicle in
Residential Area -Weight Limits
Commercial Vehicle
Restrictions in Residential Area
CURRENT MUNCIPAL
CODE ORDINANCE
6.04.430 DMC
72 Hour Maximum
None Specified - allows minimal
movement to avoid enforcement
None
None Specified
None
6,000 lbs.
No Parking except for 2 hr.
loading/unloading
PROPOSED OVERSIZED
VEHICLE ORDINANCE
6.04.430 DMC
48 hr. for Oversized Vehicles
24 hr. Permit Extension
72 hr. Time Limit Total
Outside City Limits or Moved to Private
Property for a Minimum of 48 hrs.
Yes - Commercial, Oversized Motor
Vehicle and Non-Motorized.
5 Day Parking Permit Available from
Police Services
Vehicle Over 6 ft in Height Restricted
from Parking within 45ft of an
Intersection
10,000 lbs.
No parking except for 2 hr.
loading/unloading. No Parking between
2:00am and 6:00am.
Cite and Towing Authority Yes Yes
Parking Fee/Bail Schedule
State of Emergency Clause
72 hr. parking violation - $50.00
CommerCial Vehicle in
Residential Area violation - $
50.00
None
None
Commercial Area Exception.
72 hr. Vehicle Parking
Oversize Over 48 hrs.
Oversize Over 72 hrs.
Failure to Move from City Limits for 48
hrs.
$100-$250-$500
1st, 2nd, 3rd, Offense in 12 Months. For all
above offenses
Would allow on-street parking of
Oversized Vehicles during declared state
of emergency
Would allow on-street parking of
Oversized Vehicles in commercial areas
to allow customers to return oversized
rental vehicles after normal business
hours
Vehicles parked and/or stored in violation of the proposed Ordinance may be cited or removed, or both
cited and removed. If cited, the penalty for the first violation would be $100, the penalty for the second
violation would be $200, and for the third and subsequent violations, the penalty would be $500 for each
offense occurring within a one-year period. A violator could apPeal the citation in accordance with the
City of DUblin Parking Citation Administrative Adjudication Policy and Procedure Guidelines
(Attachment 2), and Vehicle Code Section 40215.
2
Parking Citation Appeal Process:
In response to the City Council's inquiry at the August 5, 2003 City Council Meeting regarding the appeal
process for administrative citations, the process for appealing a citation is as follows (See Attachment 3):
1)
Contestant completes Administrative Review form for review by Dublin Police Services,
Traffic Sergeant.
2) Contestant is provided with written findings by mail advising of determination.
3)
If contestant is found liable and still wishes to contest the citation, an Administrative Hearing,
in person or by mail, may be requested.
4)
The Administrative Hearing is scheduled by city staff and conducted by the appointed
Administrative Hearing Officer (a City Council appointed volunteer and local attorney, Joe
Devane).
5) The Hearing Officer's determination may be appealed to the local court.
City Council Action:
At the August 5, 2003 City Council Meeting, Staff presented the proposed Ordinance and asked the City
Council to consider a modification to the Ordinance to allow for the parking of Oversized Vehicles on
public streets in commercial areas. The purpose for this modification is to allow customers of recreational
vehicle rental or service facilities to park an oversized vehicle on the public street fronting the business
after normal business hours for the purpose of returning a rental vehicle or for repair. The City Council
reviewed the proposed Ordinance, waived the first reading and introduced the modified Ordinance
repealing and replacing Section 6.04.430, Use of streets for parking and/or storage of certain vehicles
prohibited.
ANALYSIS:
As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is
necessary prior to final adoption of an Ordinance, which would then become effective 30 daYs after the
second reading. Staff has recommended that the Ordinance not take effect until January 1, 2004 in order
for Staff to conduct community outreach and education regarding the new Ordinance.
RECOMMENDATION:
Based on the City Council action of August 5, 2003, Staff recommends that the City Council: 1) Open the
public hearing and receive Staff presentation; 2) Question Staff; 3) Take testimony from the Public; 4)
Close the public hearing and deliberate; 5) Waive the 2nd reading and adopt the Ordinance repealing and
replacing Section 6.04.430, Use of streets for parking and/or storage of certain vehicles prohibited.
ORDINANCE NO. - 03
AN ORDINANCE OF THE CITY OF DUBLIN
REPEALING AND REPLACING SECTION 6.04.430
REGARDING ON-STREET STORAGE OF VEHICLES AND REPEAL AND
REPLACEMENT OF OTHER AFFECTED SECTIONS OF THE DUBLIN MUNICPAL CODE
The City Council of the City of Dublin does ordain as follows:
Section 1' Section 6.04.430 of Chapter 6, of the Dublin Municipal Code is hereby repealed.
Section.2: A new Section 6.04.430 of Chapter 6, of the Dublin Municipal Code is hereby adopted to
read as follows:
6.04.430 Use of streets for parking and/or storage of certain vehicles prOhibited.
(a) Definitions. For the purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
(I)
(2)
"Chief of Poli® means the Chief of Police of the City of Dublin, or his designee.
"Commercial Vehicle" shall mean any vehicle having more than two axles, or any single
commercial vehicle or combination of said vehicles, which exceed twenty (20) feet in
length, any single commercial vehicle or combination of said vehicles eighty-four (84)
inches or'more in width, or any single commercial vehicle or combination of said
vehicles having a manufacturer's gross vehicle weight rating of ten thousand (10,000)
pounds or more. A Commercial Vehicle includes a track tractor, but does not include an
oversized motor vehicle or non-motorized vehicle as defined herein or a pickup track
without a cab over camper or sports utility vehicle.
(3)
"Oversized Motor Vehicle" shall mean any house car, pickup tmck with cab over
camper, recreational vehicle or other vehicle that measures more than twenty two (22)
feet in length OR is more than eighty-four (84) inches in width, OR more than eighty-
four (84) inches in height. The term "Oversized Vehicle" does not include a commercial
vehicle as defined herein, a pickup truck without a cab over camper or sports utility
vehicle.
(4)
(5)
(6)
"Non-motorized Vehicle" shall mean any trailer or any other device that is not self-
propelled.
"Motor Vehicle" shall mean a passenger vehicle, pickup track without a cab over
camper, sports utility vehicle, motorcycle and motor-driven cycle but shall not include a
house car as defined in Section 362 of the California Vehicle Code~
"Residential District" shall mean any area within the City, which is zoned R-l, R-2, R-
M, and those portions of planned development districts and specific plan districts that are
specified for residential uses. x-4-~ ~, ~- I
ATTACHMENT I
(c)
(d)
Measurements: To determine the width or length of the vehicles defined in this section, any
extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be
included.
No person who owns or has possession, custody, or control of any motor vehicle, shall park or
leave standing, such motor vehicle upon any public street, highway or alley for more than a period
of seventy-two (72) consecutive hours.
No person shall, at any time, park or leave standing any oversized motor vehicle or non-motorized
vehicle on any public street, highway or alley except:
(1)
In residential districts, oversized motor vehicles or non-motorized vehicles which are
attached to a motor vehicle or oversized motor vehicle, and parked on the right of way
fronting the owner's residence, are allowed for the purposes of loading, unloading, cleaning,
battery-charging, or other activity preparatory or incidental to travel for a period of time not
to exceed forty-eight (48) consecutive hours.
(2)
In residential districts, oversized motor vehicles or non-motorized vehicles which are
attached to a motor vehicle or oversized motor vehicle, parked on the' right of way fronting
the owner's residence may be allowed for an additional twenty-four (24) consecutive hours,
but no more than a total of seventy-two (72) consecutive hours, provided an extension
permit has been granted by the Chief of Police. The Chief of Police shall establish general
standards for an extension provided by this section.
O)
Any oversized motor vehicle or non-motorized vehicle which is attached to a motor vehicle
or oversized motor vehicle, that is parked on a public street pursuant to either subsections
(1) or (2) hereinabove shall, at the end of the permitted period of time, whether forty-eight
(48) or seventy-two (72) hours, be removed from its location and shall not be parked on any
public street, or posted private property within the city limits, for the purposes stated
hereinabove for a period of at least forty-eight (48) hours.
(4)
Visitor Parking, A visitor to a resident of a single family or two family dwelling located in a
residential district may temporarily park an "oversized motor vehicle" or a "non-motorized
vehicle" attached to a motor vehicle or oversized motor vehicle on the right of way fronting
the dwelling being visited, based on the criteria listed below.
(i)
O)
(iii)
(iv)
(v)
The visitor obtains a "Visitor Parking Permit" from the Chief of Police or
designee.
The vehicle is registered to, or leased and operated by, a person permanently
residing more then fifty (50) miles from the visitation site.
The vehicle complies with the definition of an "oversized motor vehicle" or a
"non-motorized vehicle" which is attached to motor vehicle or oversized motor
vehicle and is used for recreational housing purposes only.
The vehicle shall not be used for habitation and cannot be connected to utility
services for the duration of the visit.
The vehicle may be parked for a period of time not to exceed a total of five (5)
days in a thirty (30) day period.
~ D~7~
(f)
(g)
(i)
(5)
(6)
In commercial districts, oversized motor vehicles may be parked for a period not to exceed
twenty-four (24) hours on the fight of way fronting a business engaged in selling, repairing,
or renting oversized motor vehicles for the purposes of allowing customers to leave
oversized motor vehicles after normal business hours for repair or returm
State of Emergency, The prohibitions provided in this Ordinance shall not apply to the
parking of any oversized vehicle during any state of emergency declared to exist within the
City of Dublin by the City Council.
No person who owns or has possession, custody or control of any motor vehicle or non-motorized
vehicle which is six (6) feet or more in height (including any load thereon) shall park or leave
standing any such vehicle on a street or highway within forty-five (45) feet of any intersection.
No person who owns or has possession, custody or control of any commercial vehicle exceeding a
manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standing
any such commercial vehicle on a street or highway which is prohibited to commercial vehicle
traffic pursuant to Section 6.88.040 of this code.
No person who owns or has possession, custody or control of any commercial vehicle exceeding a
manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standing
any such commercial vehicle on any restricted street between the hours of 2:00 am and 6:00 a~m.
No person who owns or has possession, custody, or control of a commercial vehicle exceeding a
manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standing
any such commercial vehicle for more than two (2) hours on any public street, highway, roadway,
alley or thoroughfm, except:
(1)
For such reasonable time in excess of two (2) hours that may be necessary for the
purpose of making pickups or deliveries of goods, wares, and merchandise from or to any
building or structure or for the purpose of delivering materials to be used for repair,
alteration, remodeling, or construction of any building or structure upon a restricted street
or highway; or,
For such reasonable time in excess of two (2) hours that may be necessary when such
vehicle is parked in connection with the performance of a service to or on a property in
which such vehicle is parked; or,
(3)
For such reasonable time in excess of two (2) hours that may be necessary to make
emergency repairs.
No regulation adopted in this chapter shall apply to any vehicle owned by a public utility
or licensed contractor while necessarily in use in the construction, installation, or repair
of any public utility.
Vehicles found in violation of this section may be cited or removed, or both cited and removed in
accordance with section 6.04.210.
0)
The City Engineer shall erect and maintain suitable signs notifying the public of the permissible
weights and sizes of vehicles and their loads operated or moved upon those streets hereinafter
designated.
Section 3; Section 6.92.010 of Chapter 6 of the Dublin Municipal Code is hereby repealed.
Section 4; A new Section 6.92.010 of Chapter 6, of the Dublin Municipal Code is hereby adopted to
read as follows:
6.92.010 Established.
No person shall operate any commercial vehicle, as said term is defined in the California Vehicle Code,
having a gross weight, including load, in excess of five (tons) on any street within any residential
district, as such term is defined in the California Vehicle Code, in the city; provided, signs are in place at
city entrances giving notice of this prohibition.
Section 5; Chapter 6.68 "Oversized and/or Overweight Vehicles" shall be renamed "Movement of
Vehicles and Equipment" as to not be in conflict with Section 6.04.430.
PASSED, APPROVED AND ADOPTED this 19t~ day of August, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
K2/G/8-19-03/ord-oversizedvehicles.doc (Item 6.1 )
PROPOSED BAIL SCHEDULE - OVERSIZED VEHICLE ORDINANCE
The bail for the first, second and third offense in a 12-month period for the following violations of
the Dublin Municipal Code Chapter 6 shall hereby be as follows:
6.04.430(c)
6.04.430(d)(1)
6.04.430(d)(2)
6.04.430(d)(3)
6.04.430(e)
Vehicle Parking- over 72 hours I
RV Parking-over 48 hours I
RV Parking-over 72 hours I
RV Parking- failure to remove
RV for 48 hours I
Vehicle over 6' height within 45' I
of Intersection
$100-$250-$500
$100-$250-$500
$100-$250-$500
$100-$250-$500
$50-$100-$200
PARKING CITATION ADMINISTRATIVE
ADJUDICATION POLICY AND
PROCEDURE GUIDELINES
REVISED
July, 2001
ATTACHMENT Z
1.0 ADMINISTRATIVE PROCEDURE .................................................................................................................................... 1
1.1 ADMINISTRATIVE REVIEW ........................................................................................................................................................ 1
1.1.1 Administrative Review Procedures .................................................................................................................................. 1
1.1.2 Appeal o_.[Administrative Review ..................................................................................................................................... 2
I. 1.3 Waiver of Parking PenaltF Deposit. ................................................................................................................................. 2
2.0 HOW TO HOLD AN ADMINISTRATIVE HEARING ................................................................................................... 2
2.._.!.1 GENERAL APPROACH TO AN ADMINISTRATIVE HEARING ........................................................................................................... 2
2.1.1 Informali~ o_o_o_~Administrative Hearing ............................................................................................................................. 2
2.1.2. The Role of the Administrative Hearing O~cer ............................................................................................................. 3
2.~2 QUANTITY OF EVIDENCE REQUtRED TO SUSTAIN CASE ............................................................................................................ 3
2.3 THE DECISION ........................................................................................................................................................................... 3
2.~4 LATE PAYMENT OF PENALTIES ................................................................................................................................................. 4
2.~5 FINE AMOUNTS .................................................................................. 2 ...................................................................................... 5
2.6 ALTERNATIVE PAYMENTS ..................................................................................................................... 5
3.0 ADMINISTRATIVE HEARING PROCEDURES .............................................................................................................. 5
3.1 PRE-HEARING PROCEDURES ..................................................................................................................................................... 5
3.2 BEGIN THE HEARING ................................................................................................................................................................. 6
3.3 REWEW THE PmMA FACIE CASE .............................................................................................................................................. 6
3.4 "ADMIT LIABILITY WITH EXPLANATION". ................................................................................................................................ 6
3.5 ....
DENY LIABILITY .................................................................................................................................................................... 7
3.6 CLOSING THE HEARING ............................................................................................................................................................. 7
3.~7 RENDER A DECISION ................................................................................................................................................................. 7
4.0 THE PRIMA FACIE CASE ................................................................................................................................................. 8
4.1 REQUIREMENTS ........................................................................................................................................................................ 8
5.0 CONTINUANCES ............................................................................................................................. , ................................... 8
6.0 DEFENSES ............................................................................................................................................................................ 9
6.1 DENIALS ................................................................................................................................................................................... 9
6.1.1 Material Error in the Allegation ....................................................................................................................................... 9
6.1.2 Time o_.[Observation versus Time ~ Writing. .................................................................................................................... 9
6.1.3 Challenge to Issuing Officer's Judgment .......................................................................................................................... 9
6.1.4 Missing Signs .................................................................................................................................................................... 9
6.1.5 Obscured Signs ............................................................................................................................................................... 10
6.1.6 De_faced Signs ................................................................................................................................................................. I0
6...~2 EXPLANATIONS .............................. , ........................................................................................................................................ 10
6.2.1 Vehicle Breakdown ......................................................................................................................................................... 10
6.3 UNACCEPTABLE DEFENSES OR EXPLANATIONS ....................................................................................................................... 1 1
7.0 APPEAL OF ADMINISTRATIVE HEARING ................................................................................................................ 13
DEFINITIONS ............................................................................................................................................................................ 14
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
Revised July, 2001
1.0 Administrative Procedure
Pursuant to Chapter 1244, Statues of 1992 (AB 408), Vehicle Code Section 40200, et seq., the City of Dublin is
adopting these administrative procedures to provide a process for review, both at the administrative level, and in
the form of a hearing when requested, of citations issued for parking violations.
There are two sequential review stages available to persons or entities desiring to contest citations for parking
violations: 1. Administrative Review; and 2. Administrative Hearing.
1.1 Administrative Review
A Contestant shall do the following:
ao
Make a timely written, telephonic, or in-person request for review of the circumstances surrounding citation
issuance; and
Submit a completed review request form providing reasons for the contest to Dublin Police Services.
Police Services Staff shall do the following:
Review and investigate the citation and the circumstances surrounding issuance of the citation; and
Mail the results of the investigation to the Contestant within 20 days of receipt of review request form.
1.1.1 Administrative Review Procedures
Application of Time Limitations - Within this procedure, there are various time limitations established for
presentation of certain requests, including but not limited to requests for Administrative Review, requests for
Administrative Hearing, and requests for copies of documents. For purposes of this procedure, the specified
time limitations are jurisdictional. Untimely requests will be rejected. Waivers will not be issued. No
person has authority to waive, or otherwise grant exception to a specified time limitation.
Initiation of Administrative Review, Timeliness - A request for Administrative Review must be made within
21 days from the issuance of the notice of parking violation, or within 14 days from the mailing of the notice
of delinquent parking violation.
Written Statement of Reasons - A Contestant shall have the opportunity to provide to Dublin Police Services
a written statement of the reasons for contesting the parking violation. The statement of reasons shall be
made on a form provided by the City. State Law allows the person to request the review by telephone, in
person, or in writing (CVC 40215).
Investigation - Upon receipt of a timely request for Administrative Review and any statement of reason,
Police Services staff will commence an investigation of the citation and the circumstances surrounding its
issuance. The review shall consist of a determination of whether the citation contains all of the items
required by California Vehicle Code Section 40202, and shall focus on the reasons for the request as
specified by the Contestant.
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
Revised July, 2001
Cancellation of Citation - If, based on the results of the investigation, Police Services staff is satisfied that the
citation was not in accordance with the California Vehicle Code Section 40202, or based on the Contestant's
statement of reasons, that the violation did not occur or the registered owner was not responsible for the
violation, or in the interest of justice, Police Services shall cancel the citation and shall specify in writing the
reason for canceling the citation.
Determination of Validity - If, based on the results of the investigation, Police Services staff is satisfied that
the citation was in accordance with California Vehicle Code Section 40202, and that the reasons specified by
the Contestant do not exist, or do not affect the validity of the citation, Police Services shall specify those
findings in writing along with the supporting reasons for making the findings.
g. Notification to Contestant - Police Services staff shall mail the results of the investigation to the Contestant by
first class mail. The results shall be mailed to the Contestant within 20 days of submission of the request for
review form. Service of the results shall be completed upon placement of the results in the United States mail,
postage paid.
1.1.2 Appeal o_o_o_~Administrative Review
The Issuing Authority's Administrative Review can be appealed within 21 days from the mailing date of the
results. The Contestant can request an Administrative Hearing by telephone, in writing, or in person [CVC
40215(b)]. The Contestant must deposit the penalty in full as instructed by the City of Dublin, unless granted a
waiver pursuant to Section 1.1.3 of these rules.
The City of Dublin will provide copies of all information it has obtained in determining the case to the
Administrative Hearing Officer. The Issuing Authority will accept an appeal request with full payment of the
fine and help schedule a hearing date and time with the Administrative Hearing Officer~ In accordance with
State Law, the appeal may be conducted by mail or in person at the selection of the Contestant.
1.1.3 Waiver o_.[Parking Penalty Deposit
In accordance with CVC Section 40215(b), the City shall have a process to allow a person to request an
Administrative Hearing without payment of the parking penalty. Said waiver may only be granted upon
satisfactory proof of an inability to pay the amount due. The City shall develop a form to be completed by the
Contestant under penalty of perjury. The City Manager or designee shall issue a determination related to the
request for waiver. Failure to submit information required to verify inability to pay shall be cause for denial.
· The decision of the City Manager or designee shall be final.
2.0 How to Hold an Administrative Hearing
2.1 General Approach to an Administrative Hearin~
2.1.1 Informality o_o~Hearing
The Administrative Hearing is an informal proceeding in the sense that the rules of evidence required in a court
trial do not apply. This benefits the Contestant, who is most often a lay person unfamiliar with the intricacies of
the legal process. The Administrative Hearing Officer should make this clear to the Contestant if the Contestant
appears confused that the Hearing is not being conducted under the strict "rules of evidence." Despite the
relative informality, each Administrative Hearing can be recorded on tape to preserve the proceedings in case an
2
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
Revised July, 2001
appeal is filed. The final decision in an Administrative Hearing, however, shall be rendered in writing to the
Contestant.
2.1.2. The Role o_o_o_~ the Administrative Hearing Officer
The Administrative Hearing Officer acts as prosecutor, defense attorney, and judge. As the prosecutor, the
Administrative Hearing Officer cross-examines the Contestant and any witness(es) to determine the credibility of
the defense and the authenticity of any documents presented. As defense advocate, the Administrative Hearing
Officer examines the Parking Violation NoticeTor defects in the primafacie case and, in some cases, helps the
Contestant articulate the facts of their defense(s). As the judge, the Administrative Hearing Officer listens to the
Contestant's testimony, weighs the evidence, including any discrepancies elicited during cross-examination, and
renders a decision based on the facts of the case and applicable laws.
It is essential that the Administrative Hearing Officer remain independent and impartial. The Administrative
Hearing Officer does not "represent" the City of Dublin in a H~aring, but rather "conducts" the Hearings and
renders decisions in accordance with the rules, regulations, policies and procedures established by applicable
laws. It should go without saying that any interest the City of Dublin maY have in collecting parking fines is
simply not a permissible consideration during the hearing process. The Administrative Hearing Officer must be
a neutral, objective, fact finder. Vehicle Code Section 40215(c)(4) in fact requires that the amount of fines
upheld by the Administrative Hearing Officer must not be linked to the Administrative Hearing Officer's
continued employment, performance evaluations, compensation or benefits.
2.2 Quanti~, of Evidence Required to Sustain Case.
The Vehicle Code states that a properly completed Parking Violation Notice is primafacie evidence of the validity
of the statements contained therein. What this means is that once a Parking Violation Notice is determined to be
properly completed, and a primafacie case is therefore established that the violation occurred, the burden of
producing evidence to rebut the charge shifts to the Contestant.
If the Contestant wishes to deny the parking allegations (e.g., "The car was only parked for 48 hours and not 72
hours"), the Contestant must persuade by a preponderance of the credible evidence as weighed against the prima
facie case presented by the completed Parking Violation Notice. A preponderance of evidence is evidence of a
greater weight against the evidence opposing it, and has more convincing force and a greater probability of truth.
If the Contestant wants to present an affirmative defense (e.g., trapped in a 20 minute zone by a double parked
truck) or an explanation (e.g., medical emergency), the Contestant must prove the presentation by a preponderance
of the credible evidence as measured against the incredible evidence, facts judicially noticed, various
presumptions, etc.
2.~3 The Decision
After the Administrative Hearing Officer has heard and weighed all the testimonY, the Administrative Hearing
Officer must make a decision. All of the available facts must be applied to the law. The Administrative Hearing
Officer must determine whether the City of Dublin's t~rimafacie case has been sustained by a preponderance of the
evidence or, alternatively, has the Contestant convinced the Administrative Hearing Officer of a legally sufficient
defense or mitigating explanation.
If the Contestant has proven the defense to the Administrative Hearing Officer's satisfaction, the Contestant should
be found "not liable" and the Parking Violation permanently dismissed. If the Contestant has not presented a
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
Revised July, 2001
credible defense, the Contestant must be found liable and the full fine forfeited. Either the Contestant has
adequately proven a defense, or the defense has failed.
In the absence of other mitigating circumstances, a Contestant found liable forfeits 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 Administrative Hearing Officer is convinced that sufficient mitigating circumstances
prevented the Contestant from being able to make payment in a timely manner, may the late payment penalty be
waived. Late payment penalties are discussed in detail in Sections 2.4 and 2.5.
The decision of the Administrative Hearing Officer may be personally delivered to the person at the time of the
Hearing, or may be sent by first class mail [CVC40215(c)(6)]. In the event that the decision is personally
delivered, the Administrative Hearing Officer must never change a decision after having announced it merely
because of the Contestant's objections to it. Only if, prior to the conclusion of the Hearing, the Administrative
Hearing Officer realizes that an error has been made, should the Administrative Hearing Officer reconsider the
decision. In other words, simple, even strenuous disagreement over the result cannot cause the Administrative
Hearing Officer to change the decision. If the Contestant disagrees with the analysis and the outcome, the recourse
is to appeal to the next level adjudication. Once announced, the decision shall be final for the Administrative
Hearing.
A written notification of the Administrative Hearing Officer's decision will be mailed to the Contestant. The mail
date of the written decision begins the 30 day time period by which the Contestant may file an appeal [CVC
40230(a)].
2.4 Late Payment of Penalties
Typically, a citation considered by the Administrative Hearing Officer will not include late penalties, since the
Contestant must request the Hearing prior to the accrual of late penalties. The Administrative Hearing Officer has
the power to dismiss late payment penalties which have accrued, but only in the event that the Contestant 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 Contestant credibly testifies that he did not have knowledge of the original
citation (perhaps because it was blown away or removed without the Contestant's knowledge), dismissal of the late
payment penalty may be warranted. However, if the Contestant does not take appropriate action to pay or appeal
the citation within 21 days of receipt of the mailed notice of Delinquent Parking Violation, dismissal of the late
payment penalty would not be appropriate. If the Parking Violation Notice reflects 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 complicated when the Contestant claims that notices went to the wrong address after the
Department of Motor Vehicles had been notified of a change of address. Where the Contestant adequately
demonstrates that a lack of notice under these circumstances precluded timely payment, late penalties may be
dismissed, but only when the Contestant also credibly maintains that the original copy (attached to vehicle) of the
citation was not received. It is incumbent upon the Contestant to provide sufficient evidence to establish that the
DMV was notified ora change of address prior to the date that the address information was requested by the City
of Dublin or its processing agency.
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 Parking Violation Notice itself.
4
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
Revised July, 2001
The Administrative Hearing Officer should be wary of the Contestant who claims not to have seen or received a
number of original Parking Violation Notices. Whensuch a claim is advanced, the Administrative Hearing Officer
must be scrupulous in assessing the Contestant's credibility and powers of recollection. In most cases, subsequent
mailed notices will render the issue moot if timely action was taken by the Contestant. Again, even ifa delinquent
notice was mailed to a "wrong" address, the Contestant must prove that he fulfilled his/her responsibility by filing
a timely change of address with the DMV.
A Contestant'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.
2.5 Fine Amounts
The Administrative Hearing Officer does not have the power to adjust the amount of a fine for a violation. Fine
amounts are set only by City Council Resolution, adopted 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 Examiner the authority to adjust fine amounts to achieve "uniformity."
Likewise, parking enforcement personnel do not have the power to 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 Issuing Authority's
governing body at the time the Parking Violation Notice was issued. However, if the Parking Violation Notice
reflects an incorrect parking penalty amount, the possibility that the Contestant was confused should be given
considerable weight when reviewing the appropriateness of suspending a late penalty.
2.6 Alternative Payments
City of Dublin staff may allow payment of the parking penalty in installments if the person provides satisfactory
evidence of an inability to pay the parking fee in full. Requests for installment payments must be made in writing
in accordance with the policy outlined by the City.
3.0 Hearing Procedures
The Hearing process is generally informal. Nevertheless, there are suggested guidelines which are to be followed
to ensure that proper records of the Hearing are created and maintained and to avoid any problems or irregularities.
3.1 Pre-Hearing Procedures
3.1.1
Upon the Contestant's arrival, the Administrative Hearing Officer will verify the Contestant's name and
Parking Violation Notice number with information provided on the scheduled Hearing log and note the
time of arrival.
3.1.2 A file should be prepared before the hearing begins. The file must contain a copy of the citation that was
sent with the scheduled Hearing log, hearing disposition form, and license plate history printout.
3.1.3 Contestant may request one continuance of the hearing in accordance with CVC 40215(b).
(See Section 5.0 of this Policy.)
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
Revised July, 2001
3.2 Begin the Hearing
3.2.1. All interested parties will be escorted into the hearing room. This may include several Contestants who
are scheduled to have their matters heard on the same date.
3.2.2 The Administrative Hearing Officer shall present an opening statement, which may include:
ao
Explaining the Hearing process
Informing the Contestant that the Hearing can be recorded
Informing the Contestant that the options for answering a citation are "admit with explanation" or "deny."
Relaying to the Contestant that he or she will receive a written copy of the Administrative Hearing
Officer's decision by mail.
The Contestant wilt be informed of the right to an appeal and a brief explanation of the appeal
procedures.
3.2.3 State the date and time and instruct the Contestant to give his or her name and address for the record.
3.3.4 Ask Contestant(s) if they are the registered owner of the vehicle involved. If not, ask Contestant to state
their relationship to the registered owner or interest in the proceeding.
3.2.5 If witnesses are present, instruct them to give their name and address for the record.
3.2.6 Swear in the Contestant and witnesses by instructing them to put up their right hands and repeat the oath.
If a party objects to taking an oath, any formal assertion of intention to testify truthfully will suffice..
3.2.7 Recite the following oath: "Will 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 turn to testify.
3.2.9
Read the Parking Violation Notice number, license plate number, state of registration, date, time, location
and type of violation into the record. This information may be presented in written form prior to the
Hearing.
3.3 Review the Prima Facie Case
3.3.1 Examine the citation to determine if all statutorily required and pertinent information has been provided
by the issuing officer.
3.3.2 If any vital information is missing, dismiss the citation.
3.3.3 If no required information is missing, follow the steps outlined in 3.4 for a plea of "admit liability with
explanation" or follow steps outlined in 3.5 for a plea of "deny liability."
3.4 "Admit Liability With Explanation"
3.4.1 If the Contestant admits liability but desires to submit a "mitigating explanation," ask the Contestant to
testify to the mitigating circumstance.
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
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3.4.2 Follow the Contestant's testimony, ask the Contestant if there is any additional testimony or evidence
they wish to present for the record.
3.4.3 If the testimony does not clearly set forth the mitigating circumstance, ask the Contestant questions
relating to the testimony.
3.4.4 Call in witness(es), if needed, one by one. Request that the witness(es) 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 documents or other supporting evidence in the case file.
3.4.6 Ask the Contestant if there is any further testimony prior to closing the Hearing.
3.5 "Deny Liability"
3.5.1 Ask the Contestant to present his or her testimony, explaining the circumstances of the Parking Violation
Notice.
3.5.2 Listen carefully to the Contestant's testimony. If necessary, question the Contestant to clarify points
relating to the issuance of the Parking Violation Notice.
3.5.3 Call in witness(es), if needed, one by one. Ask the witness(es) to present their testimony.
3.5.4 Review all documents and other supporting evidence. For the record, read aloud or explain any
documents presented. Place copies of documents or other supporting evidence in the case file.
3.5.5 Ask the Contestant if there is any further testimony prior to closing the Hearing.
3.6 Closing the Hearing
Direct the Contestant out of the Hearing room.
In the event that the Administrative Hearing Officer has granted a continuance, the Administrative Hearing Officer
must complete and file a continuance form. This continuance form should be logged and recorded (see guidelines
for continuance). When a person to whom a continuance has been granted fails to reappear at the appointed time,
the Administrative Hearing Officer must go on record and render the decision(s). The Administrative Hearing
Officer must also complete the continuance form indicating that the Contestant did not appear at the appointed
time.
3.7 Render a Decision
3.7.1 Make a determination regarding liability based on the testimony and evidence.
3.7.2 Enter the disposition on the hearing record. Enter the total amount of the fine to be forfeited.
3.7.3 Enter a brief written statement including the rational for the decision on the hearing record.
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
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3.7.4
Administrative Services Staff shall inform Contestant of the results of the Hearing and of their right to
appeal. The notice shall include a form in accordance with Section 1013 of the Code of Civil
Procedure, to toll the 30 calendar day appeal period.
4.0 The Prima Facie Case
4.1 Requirements
The following items must always be indicated on the Notice in the boxes provided and, if not, the Notice must be
dismissed:
a. The Vehicle Code or Municipal Code Section violated or Ordinance violated.
b The location where the violation occurred.
c. The vehicle license plate number (if displayed).
d. The expiration date of the vehicle registration tabs (if visible to issuing officer).
e. The color of the vehicle (optional and not cause for dismissal).
f. The approximate time of the violation.
g. The last four digits of the vehicle identification number(only if visible to the issuing officer).
h. The make of the vehicle (sometimes subjective and not cause for summary dismissal).
Note: When a Notice which has the tab expiration date and/or vehicle identification number filled in and a claim is
raised by the Contestant that the Notice was issued to the Contestant's vehicle, the conflicting tab expiration dates
and/or vehicle identification (VIN) indicated on the Notice and on the Contestant's vehicle may provide evidentiary
value as to whether the vehicle cited was actualty the Contestant's vehicle. This does not affect the prima facie
case, however, only a particular (substantive) defense.
It should be noted that a claim that some of the above information on the Notice 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
Contestant successfully proves that his or her vehicle was not identified on the Notice, this does not Permanently
dismiss the Notice, but rather transfers responsibility to another ~ehicle.
5.0 Continuances
The Person requesting the Hearing may request one continuance, not to exceed 21 days [CVC 40215(b)].
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
Revised July, 2001
6.0 Defenses
6.1 Denials
6.1.1 Material Error in the Allegation
The Contestant may contend that the issuing officer made an error in alleging the offense. Because the Parking
Violation Notice is aprimafacie case, the case stands or falls as charged - at least as to the material elements of
date, time and place. If the Contestant conclusively proves that the vehicle was not at the place charged at the
time or on the date charge, or did not do what is charged, the Parking Violation Notice should be dismissed.
Please note that it is not conclusive to prove where the Contestant was on the date of the violation, since the
Parking Violation Notice was issued to a vehicle, not the Contestant.
Discretion should be applied when considering street address or location (e.g., Parking Violation Notice cites
location as 220 N. Main, and Contestant claims he or she was in front of 226). Discretion should also be used
when considering obvious inversions of the date and time (e.g., "21/10/99" as the date or the insertion of "2
P.M." in the date space and "11/4/99" as the time.) This kind of error will not, without other proof, negate the
charge. Minor and subjective differences in vehicle description (such as color) and variations on make (such as
Ford or Mustang) should be overlooked as immaterial.
Finally, reference to an incorrect section of the vehicle code may be overlooked so long as the Parking Violation
Notice properly states the infraction in words or understandable abbreviations.
6.1.2 Time o_o_o_~ Observation versus Time o_.[ Writing
The relevant time of any allegation is the time of observation of the infraction, not the time of writing the
Parking Violation Notice. Therefore, where a Contestant proves that the Parking Violation Notice was written
before the prohibition came into effect, such as a Parking Violation Notice time of 3:55 on a "No Parking 4:00-
6:30," it should be dismissed and the Contestant found not liable.
On the other hand, if an officer has observed a violation before a prohibition expired (e.g., no parking 7:00-9:30
A.M. and a Parking Violation Notice time of 9:25 A.M.)and notes this time on the Parking Violation Notice, but
actually completes and affixes the Parking Violation Notice to the vehicle after the prohibition has expired, the
Parking Violation Notice is technically sound. It is not a valid defense to assert that the citation was actually
completed and placed on the vehicle after a parking restriction had elapsed.
6.1.3' Challenge to Issuing Officer's Judgment
A Contestant may claim that the officer was mistaken in his or her judgment that the car was parked in a
crosswalk, etc. Again, reference should be made to the elements of the offense charged, to be followed by
examination of the Contestant's proof. If, after such reference and examination, it appears that the Contestant
has proven by sufficient credible evidence that the officer's judgment was incorrect, the Parking Violation
Notice may be dismissed.
6.1.4 Missing Signs
The California Vehicle Code does specify the number of signs that must be posted to announce parking
restrictions or the minimal distance allowable between signs. The Issuing Authority may wish to post a sign at
Parking Citation Administrative Adjudication Policy and Procedure Guidelines
Revised July, 2001
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. An Issuing Authority may decide to post signs at the entrance of a parking lot. If it is
proved that there was no sign anywhere in the block in question, a Parking Violation Notice may be dismissed;
except that in certain circumstances, posting at the entry point may be sufficient, i.e. commercial truck parking
restrictions.
To assert this defense successfully, a Contestant 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 posted in a portion of the
block, is not adequate proof of this defense.
All evidence, photos, statements, etc., should clearly indicate the location referenced. The Parking Violation
Notice, 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 Administrative
Hearing Officer should also take special notice of the findings in the "Administrative Review" included in the
file.
When the evidence presented by the Contestant fails to prove that there was no sign anywhere in the parking
area, the Parking Violation Notice should be sustained. Contestants 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.
6.1.5 Obscured Signs
An obscured sign is not a defense unless the Contestant 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 indicating 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
rh°~°:iSS~s h~e' h dfi~ t° see and obey all signs POsted. ~
6.1.6 De_faced Signs
To successfully maintain a defense of defaced signs, the Contestant must prove two points: 1) the sign was so
defaced that no one could read it; and 2) there was no other sign in the area indicating the same restriction. If
both are not proven, the defense should not be sustained. The Contestant should be questioned carefully about
his or her familiarity with the area, how often he or she has been there, etc., as well as, about his or her
knowledge of the removal or defacement of the sign.
6.2 Explanations
There are certain explanations which, if proven, may be a basis for dismissal under certain circumstances.
6. 2.1 Vehicle Breakdown
If a vehicle suffers a mechanical breakdown, and if reasonable efforts are made to have the vehicle removed
from the street, a Parking Violation Notice for illegal parking issued while the Vehicle was incapacitated may be
dismissed.
To maintain the claim of "mechanical breakdown," four elements must be proven:
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Parking Citation Administrative Adjudication Policy and Procedure Guidelines
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a. The Contestant must prove that the breakdown actually occurred.
b. The Contestant must prove that the vehicle was not illegally parked before the breakdown occurred.
c. The Parking Violation Notice must have resulted from the breakdown.
d. Reasonable steps must have been taken to remove the vehicle from the situation that caused the violation.
Note: If the Administrative Hearing Officer is fully convinced that all four elements of the claim have been
sustained by a preponderance of the Credible evidence, the Administrative Hearing Officer may find the
Contestant not liable. If Contestant's proof on any of the first three fails, the Administrative Hearing Officer
should sustain the Parking Violation Notice and find the Contestant liable.
6.3 Unacceptable Defenses or Explanations
The parking laws were promulgated and penalty schedule set to discourage illegal parking by, not only the people
who had no reason to violate the law, but also for those who do have a reason. The illegal parking problem is
fundamentally the result of an accumulation of normal, human reasons or simple misunderstandings. 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 Violation Notice.
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.
The excuses outlined in this section should never form the primary basis for a dismissal. Acceptable excuses and
defenses should be limited to those outlined above and others which the Administrative Hearing Officer
determines are bona-fide and legally sufficient. The list of unacceptable excuses or defenses should not be viewed
as comprehensive, but is set forth only to provide examples.
Note: It should be clear, however, that just as defenses and explanations that are unbelievable and without merit
are to be rejected, credible and meritorious defense and explanation should be accepted and given appropriate
weight when rendering a decision.
"Going to the Bathroom"
"Short Errands"
"Doctor/Dentist Appointment/Late for Class"
"Business or Personal Appointment"
"I Have a Valid Placard"
"The Officer Apologized But Wrote in His Book"
"I Didn't See the Sign"
"The Sign Was Obscured"
"I Didn't Understand the Sign"
"No Place Else to Park/The Lot Was Full"
"Only Part of My Car Was Illegally Parked"
"I Left Someone in the Car"
"I Left a Note in the Car as to My Whereabouts"
"The Officer Saw Me Park, Didn't Say Anything, or
"The Motor was Running"
"It was Only a Few Minutes"
"Nobody Else Got a Ticket"
"The Whole Block was Parked"
"Someone Else Had My Car"
"The Officer Told Me..."
"This Violation Has Not Been Enforced in the Past"
"I've Done it for Years/Everybody Does It"
"I'm Doing a Service for the City of Dublin"
"I Had Permission"
"Diplomatic Immunity"
"I Left my Parking Lights On or Blinking"
"The Fine is Too High"
· "Out of Town Driver/Do Not Read English"
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Parking Citation Administrative Adjudication Policy and Procedure Guidelines
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Said it Was OK for a Few Minutes..." "New to the City of Dublin"
Note: The above are simply examples of cases that are anticipated during Hearings and are meant only as
examples. The Administrative Hearing Officer must decide each case on its own merit.
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Parking Citation Administrative Adjudication Policy and Procedure Guidelines
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7.0 Appeal of Administrative Hearing
The Administrative Services Department will notify the Contestant of the right to appeal the decision of the
Administrative Hearing Officer. The Contestant has the right to appeal the Administrative Hearing Officer's
Review within 30 days of the mailing of his/her decision. The Contestant can pay the court $25 filing fee and
schedule a hearing as directed by the Livermore, Pleasanton, Dublin Municipal Court. The Court will request and
receive copies of all information from the Administrative Hearing Officer's case file, including the Administrative
Review, computer printouts, a copy of the citation and other supporting documentation.
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Parking Citation Administrative Adjudication Policy and Procedure Guidelines
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DEFINITIONS
o
Parking Penalty: includes, but is not limited to the applicable civil penalty for the violation specified in the
citation, together with any late payment penalty, administrative fee, assessment, process service fees, or other
costs of collection related to civil debt collection.
Citation: includes, but is not limited to notices of parking or standing violation, and notices of delinquent
violation.
Administrative Review: the initial citation review process, initiated by a Contestant's timely request, and
conducted by Police Services.
Administrative Hearing: a hearing process with respect to a citation, conducted in accordance with the
procedures specified herein, initiated by a timely written request of a Contestant dissatisfied with the results of
the Administrative Review.
Appeal: the action taken by a Contestant to request an administrative hearing.
Parking Violation: any violation of any regulation governing the standing or parking of a vehicle under the
California Vehicle Code, under any federal or state statute or regulation, or under any City of Dublin
Ordinance.
Contestant: (same as Contestant) any person or entity who is the registered owner, driver, rentee or lessee who
is liable for parking penalties in accordance with the provisions of California Vehicle Code Section 42000, et.
seq. and who contests or disputes liability for the parking penalties.
Administrative Hearing Officer: Individual designated by the City to perform the duties and responsibilities
associated with conducting the Administrative Hearing according to the guidelines set forth in this manual. In
addition, the Administrative Hearing Officer must have completed a minimum of 20 hours of training pursuant
to California Vehicle Code section 40215(c)(4)(B).
14
City of Dublin
Parking Citation
Sequence of Events
Registered Owner Receives Citation
Payment due within 21 days
I
NO payment made within 21 days.
Phoenixsends
notice of delinquency to
Registered Owner
I
Fee is paid within 21 days.
No further action.
Registered Owner Requests Admin. ReNew.
Must be requested w/in 21 days
of citation or 10 days from date
of receipt of notice of delinquency.
I
Traffic Sergeant Reviews Citation I
I
Contestant found liable.
Advised by letter, can pay w/in 15 days or
request Admin. Headng w/in 15 days.
Notice mailed Dismissal of Citation Review.
within 20 days of receipt of request for Admin.
Contestant and Phoenix advised of action.
Contestant requests admin, hearing.
Must deposit penalty and indicate
whether a headng is requested
in person or by mail.
Admin. H~ng scheduled and
conducted by independant
headng officer.
t
I
I
I
Contestant found not liable. [ I Contestant found liable.
Deposit returned by City.I I deposit forfeited.
No further action
Contestant requests headng
through Court w/in 25 days ofI
admin, headng decision.
Pays court fee of $25.
I
Not liable.
City refunds deposit
plus court fee.
IContestant liable.
Deposit and
court fee
forfeited.
ATTACHMENT