Vehicles parked in violation of regulations deemed nuisance; continuous parking in metered parking spaces; habitual parking status; liability of owners; notice of delinquent status; o6btaining a parking violation hearing upon a notice of delinquent status

(a)

The owner of any vehicle shall be held responsible for any vehicle found upon a street or highway in violation of any provision of this chapter, or any ordinance(s) or executive order for emergency which regulates the stopping, standing or parking of vehicles. Nothing contained in this chapter shall limit the ability of the city to seek other enforcement action as may be permitted in the Code nor limit the ability of the city to enjoin a nuisance.

(b)

It is unlawful for any vehicle in violation of this chapter to remain in any lawful parking space for more than two (2) hours after a ticket has been issued for violation of any provision of this chapter. For continuous parking beyond each two (2) hour period, a new offense shall be deemed to have occurred and a law enforcement officer, a duly certified code enforcement officer, or a parking enforcement specialist is authorized to issue an additional ticket for each subsequent two (2) hour period.

(c)

It is unlawful to park a vehicle in violation of this chapter which is in habitual parking status. A vehicle meeting the qualifications of habitual parking status commits an additional violation under this subsection punishable by a penalty as outlined in this chapter and shall be immediately immobilized, and if necessary impounded, as provided for under this chapter.

(d)

Any vehicle issued a parking ticket is deemed to be charged with a noncriminal civil infraction and the owner shall be deemed responsible for complying with the directions on the ticket for paying or contesting the violation.

(e)

Except for parking tickets dismissed after a parking division review request and review, all tickets which have not been paid or set for a parking violation hearing as described in this chapter shall be deemed in delinquent status at the expiration of the fourteen (14) day time period, and the parking division shall send the owner of the vehicle that was issued a ticket a notice of delinquent status which states:

(1)

The ticket number, date, time, description, and amount of penalties to include the original amount of the penalty, the amount of penalties for delinquency, and administrative fees;

(2)

The options for methods of payment of the ticket;

(3)

The due date;

(4)

The owner may still elect to contest a ticket and delinquent status at a parking violation hearing by appearing in front of a hearing officer who will hear testimony and consider evidence;

(5)

The date, time, and location of a pre-scheduled parking violation hearing which must be confirmed along with the method for confirming the hearing;

(6)

A copy of the owner's driver's license and vehicle registration shall be necessary to confirm a hearing date;

(7)

That failure to pay the ticket or confirm the parking violation hearing by the date specified will be deemed as a waiver of the owner's right to contest the ticket and a finding of violation will be entered for the amount stated in the notice of delinquent status;

(8)

That an owner who elects to contest the ticket waives his or her right to pay the penalty amount in the notice of delinquent status and the owner may be assessed a penalty if found in violation after a hearing by a hearing officer;

(9)

That an owner who elects to contest a violation and then fails to appear shall be deemed to have waived his or her right to a hearing and may be found in violation by default subject to a penalty;

(10)

That unpaid violations shall remain in delinquent status and are subject to being sent to collections for payment;

(11)

That any vehicle(s) bearing a license plate identified as belonging to owners who have tickets in delinquent status are subject to immobilization or impoundment as provided in this chapter.

(f)

The notice of delinquent status shall be sent by U.S. mail to the person and address given on the motor vehicle registration. A certification by the parking division that the notice of delinquent status was mailed to the address given on the motor vehicle registration constitutes prima facie evidence that the person on the notice of delinquent status was served with the notice. Mailing the notice of delinquent status to the address listed on the motor vehicle registration constitutes notification and requires the owner to comply with the directions on the notice of delinquent status.

(g)

Any owner who fails to satisfy the directive on the notice of delinquent status may be assessed additional penalties or costs by a hearing officer.

(h)

An owner who wants to contest a ticket or notice of delinquent status without being assessed additional penalties or costs for delinquency shall confirm the parking violation hearing as instructed in the notice of delinquent status within fourteen (14) calendar days from the date of the notice of delinquent status. A copy of the owner's driver's license and vehicle registration will be necessary to confirm a hearing date. The director or their designee may establish other necessary procedures for an owner's confirmation of a parking violation hearing upon receiving a notice of delinquent status.

(i)

A finding of violation occurs when a parking ticket is paid, not contested after notice of violation, in default, or after a hearing by a hearing officer results in a finding of violation. All findings of violations are considered an adjudication on the merits.

(Ord. No. 2025-43, § 2 (Exh. A), 4-17-2025)