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HomeMy WebLinkAbout98-28RESOLUTION NO. 98-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RESOLUTION NO. 98-24 ESTABLISHING PROCEDURES FOR CONDUCTING ADMINISTRATIVE HEARINGS REQUESTED PURSUANT TO VEHICLE CODE SECTION 40215. WHEREAS, 1. Division 17, Chapter 1, Article 3 of the Vehicle Code (commencing with section 40200) ("Article 3") provides administrative procedures and civil remedies for enforcing parking restrictions in cities and counties; and 2. Vehicle Code Section 40215 requires agencies issuing parking citations (an "issuing agency") under Article 3 to review a citation and conduct an administrative hearing at the request of any person; and 3. Vehicle Code Section 40215 contains requirements and procedures governing such a review and administrative hearing. However, under that section the City Council is required to adopt a written procedure to allow a person to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. In addition, the City is required to conduct the administrative hearing in accordance with written procedures approved by the City Council; and 4. The City conducts reviews and administrative hearings as required by Article 3; 5. This resolution modifies the procedures prescribed by City of Ukiah Resolution Number 98-24 adopted on January 21, 1998 and thus that resolution is now superseded. NOW, THEREFORE, BE IT RESOLVED as follows: 1. General: The City shall conduct its review of parking citations requested by any person and any requested administrative hearings in full compliance with Vehicle Code Section 40215 as it now reads or as it may be hereafter amended ("Section 40215"), and this resolution. This resolution will not restate procedures or requirements contained in Section 40215, which are incorporated herein by this reference as though set forth in full. (A copy of Section 40215 as it now reads is attached hereto as Exhibit "A.") As used herein "days" means calendar days, unless otherwise stated. 2. Procedure to request hearing without payment of parking penalty. Except as provided in this section, any person requesting an administrative hearing ("claimant") must first pay the parking penalty owing under the notice of violation. If paying the penalty would impose a financial hardship on the claimant, the City shall conduct the hearing Resolution No. 98-28 Page 1 of 8 without requiring the claimant to pay the penalty in advance. A. Standard of financial hardship. Payment will constitute a financial hardship if claimant establishes that his or her family receives public assistance, has income of no more than 80% of the median family income for Mendocino County, or paying the penalty would result in the family lacking sufficient income that month to pay for the basic necessities of life, taking into consideration its existing debts and expenses. Basic necessities includes food, shelter, clothing, utilities, transportation, and medical care. B. Procedure. A claimant may request waiver of the payment requirement by completing and submitting to the finance department the financial declaration, a copy of which is attached to this resolution as Exhibit "B"). The hearing examiner shall review the form and determine whether claimant is entitled to an administrative hearing without paying the parking penalty. The hearing examiner shall make his or her decision within two working days after receipt of the financial declaration. The hearing examiner shall notify the finance department and the claimant in writing whether or not payment is waived. If payment is not waived, the City shall not conduct an administrative hearing until the claimant pays the penalty. The hearing examiner shall uphold the citation without conducting a hearing, if the claimant has not paid the penalty before the scheduled hearing date. C. Notice. The City finance department shall provide a copy of this resolution to each person who requests a review of a parking citation. If the request is made by telephone, the finance department shall obtain the claimant's address and mail a copy of the resolution and Exhibits A and B to that address along with its decision after conducting the initial interview. Thereafter, all notices required by this resolution shall be mailed to that address, unless the notice is personally served on the claimant or the claimant notifies the City in writing of a different address. Notices shall be deemed served and received when personally delivered or when deposited in the United States mail with proper first class postage affixed and addressed as stated in this subsection. 3. Administrative hearing procedure. A. The City Manager shall designate the hearing examiner. The hearing examiner shall satisfy all of the requirements set forth in Section 40215(c)(4). The City Manager may designate a city employee who satisfies said requirements or may contract with an independent contractor. B. A claimant has a right to request an administrative hearing in person, in writing or by telephone. C. Requests for hearings whether made in person, by telephone or by mail Resolution No. 98-28 Page 2 of 8 shall be made to the City's finance department, which shall transmit the request to the hearing examiner for further processing. D. The hearing examiner shall schedule the hearing within the time required by Section 40215 and notify the claimant in writing of the date, time and place of the hearing no later than 10 days before the scheduled hearing date. The notice shall inform the claimant of his or her right to request one continuance of the hearing date. The hearing examiner shall provide written notice of the continued hearing date not less than five days before the scheduled date. E. If the claimant requests a hearing by mail, the hearing examiner shall base the decision on the notice of parking violation, any information received from the Department of Motor Vehicles, and any written submission from the claimant. The hearing examiner may provide a copy of the written submission from the claimant to the officer or person who issued the notice of violation and request a written response from that officer or person within 10 working days. If the officer or person submits a timely written response, the hearing examiner shall consider the response before making a final decision. Within 10 days of declaring the hearing closed, the hearing examiner shall issue his or her written decision and serve it on the claimant. F. If the claimant requests a hearing in person, it shall be conducted in accordance with the following rules. (1) The hearing shall be tape recorded and the tape preserved for a period of 45 days after the hearing examiner serves his or her final decision on the claimant. If the claimant files an action to review the decision pursuant to Vehicle Code {}40250, the hearing examiner shall preserve the tape until a final, non-appealable judgment has been rendered in that action. A copy of the tape shall be made available upon request to the claimant or the official representing the City in the court proceeding. The City may charge the reasonable cost of copying the tape. (2) The hearing examiner shall preside at the hearing and base his or her decision on the evidence presented at the hearing, including the notice of parking violation issued to the claimant. At the beginning of the hearing, the claimant shall be asked and shall declare whether he or she admits liability for the parking penalty, admits such liability with an explanation, or denies liability. If the claimant admits liability or admits liability with an explanation, he or she may present any extenuating circumstances he or she contends warrant a reduction of the penalty or supports payment of the penalty in installments or through community service. In all cases, the claimant may present argument, comments or explanations, and evidence in the form of personal testimony, the testimony of witnesses and documents. Copies of documents shall be admissible (originals are not required) and marked as exhibits, if accepted as evidence. All documents offered or accepted into evidence shall be preserved for the same length of time as the tape Resolution No. 98-28 Page 3 of 8 recording of the hearing. The technical rules of evidence shall not apply. Witnesses shall be sworn prior to testifying. The person or officer who issued the notice of parking violation shall not be required to appear and testify, but he or she shall be given not less than five working days' notice of the hearing date, time and place. The hearing examiner shall permit the officer or person to participate and testify at the hearing. The hearing examiner shall issue a final written decision within 10 days after declaring the hearing closed. G. A decision rendered under sections 3. E or F of this resolution shall either determine the claimant liable for the penalty or not liable. If the hearing examiner determines that the claimant is liable for the penalty, he or she shall determine the date by which payment must be made, and whether the penalty shall be reduced, paid in installments or paid through the performance of community service. If the claimant requests a penalty reduction or community service based on financial hardship, the hearing examiner shall require the claimant to complete and file Exhibit B, if not already filed. Community service shall be offered if the claimant satisfies any of the criteria for financial hardship in section 2.A of this resolution or the service to be provided is determined to be of greater benefit to the City than financial remuneration. A copy of the decision shall be furnished to the finance department for purposes of enforcement. Community service may be allowed only with the written agreement of the claimant. The amount of community service shall be determined at an hourly rate divided into the amount of the parking penalty imposed on the claimant. The hourly rate shall be commensurate with the City's temporary hourly rate for the type of service to be performed. PASSED AND ADOPTED this 18th day of February, 1998, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone None C ouncilmember Chavez ·~/~,~ ~,.-,-~ _~~ ./~...~.~., Sh"eridan Malone, M/~or C~ileen Henderson, City Clerk Resolution No. 98-28 Page 4 of 8 CODE ~ ~)215 EXHI~A - 4O215 · EHICLE CODK the notice of parking ~ or copy ~ and f~orm~on heie evidence o( t. he vidaiiau.' ':.' .~ ........ ......... ..&~j.a.? .~! '3C:... ' ' ° pm~l~ ~m~~l~f~4lm-m~-.. :', ? .. ~. o . .. ~~a~~ .... · ..... . ..... .. ..... ~'-~ -~:::~ Tt~; '~'%' ' ~.. · ~ ...... ~ ';:-~,L ,~; f; ~. ~. ~:~D '~:: ~t.:t~: ~' . .,~ .:6, .-~ : · v.':. · ...- ...=~ ~ ~ ~~ ~ ..... ~., · , , F ', . - ........ .. ';n~ j~l~ ~ ~ ~~ ~..~ J,~ -r.~r . .. ' "' *t~*'*'~;' '~ '. ...... ~i~ $~r.'~'.: .. -,""l;:. :.. · . ' .' ~ ~F' .";'~'~m ~}'~ W ~. "" · - ..,%..~ · · ~ ...;~ .:~: ~ ~.¢~ ..' ~ · ....,:~ .., .., ~,,. . . . .,.. .. ..... . ..;q,., ,...,. ~ . .~~ll,~~¢~ 5f ....:~....:~'. ~ ~ ~ ~ ..... . --THIS FORM MUST BE KEPT CONFIDENTIAL-- tATTOI:WEY OR PARTY V~THOUT ATTORNEY (N~.T.~ an~' A~,;-~-~I/~: TELEPHONE NO.: FOR COURT USE ONLY AT'I'O~EY fOR NAME OF COURT. STREET ADDRESS: MNLg~G ADORESS ~ AND ZIP CODE: BRANCH NAME: PLAINTIFF or PETITIONER: DEFENDANT or RESPONDENT: .~I~pLJC.&.TK)N FO~ CASE ,UMBEI~ WAIVER OF COURT FEES AND COSTS I request a court order so that I do not have to pay court fees and costs. 1. My address and date of birth are (specify): 2. [---] I am receiving financial assistance under one or more of the following programs: a. [---'] SSI and SSP.. The Supplemental Security Income and State Supplemental Payments Programs b. ~ AFDC: The Aid to Families with Dependent Children Program c. ['---] Food Stamps: The Food Stamps Program d. [~ County Relief, General Relief (G.R.) or General Assistance (G.A.) Ill you checked box 2 above, sign at the bottom of this side and DO HOT fill out the rest of the form.] 3. ~ My gross monthly income is less than the amount shown on the Information Sheet on Waiver of Court Fees and Costs available from the clerk's office. Ill you checked box 3 above, skip 4, complete 5 and 6 on the back of this form. and sign at the bottom of this side.] 4. [--"] My income is not enough to pay for the common necessaries of life for me and the people in my family I support and also pay court fees and costs. [If you checked this box you must complete the back of this form.] I' I WARNING: You must immediately tell the court if you become able to pay court fees or costs during this action. For the next three (3) years you may be ordered to appear in court and answer questions about your ability to pay _~c-_Jrt fees or ~'~ts. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ($~NA TURE) ro.~ ~o~t,~ ~y th, APPUCATION FOR WAIVER OF COURT FEES AND COSTS~-/~-~u. IO~. -~:~=~'- Jul:licial Council Of Cahlon1~a ~..~) Gev. C4gle. ~(,)(~?) (~,. ~y ~. ~eas] (in Forma P~uperis) {~511 3 PLAINTIFF: DEFENDANT: CASE NUMBER: r--1 My pay changes considerably from month to month. [If you check this box, each of the amounts reported in 6 should be your average for the past 12 months.] My monthly income: a. My gross monthly pay is: ........................... b. My payroll deductions are (specify purpose and amount ): (1) $ (2) $ (3) $ (4) $ My TOTAL payroll deduction amount c. My monthly take-home pay is (a. minus b.): ............................................. a. do Other money I get each month is (specify soume and amount): (1) $ The TOTAL amount of other money is: e. MY TOTAL MONTI-E.Y INCOME I$ (c. plus d.): ........................................................ $ f. The number of people in my family, in- eluding me, supported by this money is: 1 am not able to pay any of the court fees and costs. I am able to pay only the following court fees and costs (spec/fy): 8. MY monthly expenses are: a. Rent or house payment & maintenance b. Food and household supplies ................. c. Utilities and telephone .............................. $ d. Clothing ..................................................... .$ e. Laundry and cleaning ......... : ...................... f. Medical and dental payments ................... .$ g. Insurance (life, health, accident, etc.) $ h. School, child care ...................................... $ i. Child, spousal support (prior marriage) $ j. Transportation and auto expenses (insurance, gas, repair) ............................. $ k. Installment payments (specify purlx3sa and amount ): (~) S (2) s (3). $ The TOTAL amount of monthly installment payments is: ........................... $ 9. I own the following property: a. Cash .......................................................... $ b. Checking, savings and credit union ' ' accounts (list banks): (~) s (2) s (3) S c. Cars. other vehicles and boat equity (list make. year of each): (1) (2) s (3) s mo Amounts deducted due to wage assign- ments and earnings withholding orders Other expenses (specify) (1) s (2) s (3) (4) s (s) s (6) The TOTAL amount of other monthly expenses is: ...................................................... MY TOTAL MONTHLY EXPENSES ARE (add a. through m.): ........................................... $ eo Other personal property - jewelry, furniture, furs, stocks, bonds, etc. (list separately): d. Real estate equity ..................................... $ $ 10. Other facts which support this application are (describe unusual medica/ needs, expenses for recent family emergencies, or other unusual expenses to help the judge understand your budget). If more space is needed, attach page labeled attachment 10. i WARN~G: You must Immediately tell the court if you become able to pay court fees or costs during this action. For the next three (3) years you may be ordered to appear in court and answer questions about your ability to rnay _~2~3~_J!~ fees or c~'ts. m2(.)(m [~v. J. nu.~ ~. ~s] APPMCATION FOR WAIVER OF COLI~T FEES AND COs"rs (In Forma PaupeHs) ~XRTRT~P 13,. p. ~ ~