§ 34-181. Appeal.

(a)

A person determined by the hearing officer to be in violation of a parking or stopping ordinance may appeal the determination to the municipal court.

(b)

The appeal must be instituted by filing, not later than the 30 ^th day after the filing of the hearing officer's order, a petition with the clerk of the municipal court along with payment of an administrative appeal fee in the amount of ten dollars ($10.00) for the first citation and five dollars ($5.00) for each additional citation that is appealed, as well as payment of any other costs required by law. The fees and costs shall not be refunded unless the person charged prevails.

(c)

After filing a petition for appeal, the clerk of the municipal court shall schedule a hearing and notify all parties of the date, time and place of the hearing.

(d)

The appeal shall be decided under the substantial evidence rule and on the basis of the evidence adduced at the hearing before the hearing officer. The clerk of the municipal courts shall provide the record to the court. If the municipal court finds the record to be materially incomplete, the municipal court may upon its own motion or upon motion of the defendant or the prosecuting attorney refer the case back to the hearing officer for further proceedings; however, no evidence may be adduced at the appeal hearing. The court shall not reverse the hearing officer's decision unless it is determined to be:

(1)

In violation of law;

(2)

Not reasonably supported by substantial evidence, based upon a review of the reliable and probative evidence in the record as a whole; or

(3)

Arbitrary and capricious or characterized by an abuse of discretion.

(e)

Service of notice of appeal under this section does not stay the enforcement and collection of the hearing officer's order unless the person who files the appeal also posts a cash appeal bond with the clerk of the municipal court. The appeal bond shall be in the amount of all fines, costs and fees assessed by the hearing officer.

(Ord. No. 06-035, § 3, 4-13-06)