§ 34-180. Hearings.

(a)

At the hearing before the hearing officer, the person charged may either admit, admit with explanation, or deny the alleged civil infraction.

(b)

The issuing peace officer or other authorized parking enforcement agent shall not be required to attend the hearing.

(c)

It is not required that the prosecuting attorney attend the hearing. If the person charged is represented by legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the city at said hearing.

(d)

No formal or sworn complaint shall be necessary. The formal rules of evidence do not apply to a hearing under this section. The hearing officer shall examine the contents of the citation and the evidence related to ownership of the vehicle in question, and shall hear and review the testimony and evidence presented by the person charged. If the hearing officer determines by the preponderance of the evidence that the violation was committed by the person charged, he shall find the person charged liable.

(e)

At the conclusion of the hearing, the hearing officer shall issue an order stating whether or not the person charged is liable for violation of the parking or stopping ordinance and the amount of any fine, costs, or fees assessed against him. The order shall be filed with the clerk of the municipal court. The clerk of the municipal court shall keep all such orders in a separate index or file.

(f)

Failure of a person charged with the offense to appear before a hearing officer within fourteen (14) days from the issuance of the citation shall be considered an admission of liability for the charged offense and an order shall be issued on that basis. In the event that the person charged elects to appear by posting a bond and obtaining a scheduled hearing at a date and time certain, the failure of the person charged to appear in person or through counsel at the hearing as scheduled shall also be considered an admission of liability and an order may be issued on that basis.

(g)

Fines for violations shall be as provided in section 34-184. The city council by ordinance shall establish fines for persons who do not wish to contest their citations and for persons who admit liability under subsection (f). The presiding judge shall establish the amount of any added fine that shall be payable if a citation or fine ordered by a hearing officer is not fully satisfied or a bond is not posted within fourteen (14) days from the date of issuance of the citation.

(h)

Court costs shall be payable on all citations in the amount of seven dollars ($7.00) per citation or in any amount currently authorized or required by statutory law All other fines and fees shall be deposited in the city treasury as general revenues of the city.

(i)

The clerk of the municipal courts shall cause a video or audio tape record to be made of each hearing and shall retain the tape and any documents introduced at the hearing until the time for an appeal to be filed has expired.

(Ord. No. 06-035, § 3, 4-13-06)