CHAPTER 11A
PARKING VIOLATIONS
11A.1 Purpose.
This chapter is adopted to implement the provisions of Vehicle Code ’ 40200 et seq. which decriminalizes parking citations and removes parking citation procession from the courts thereby making standing or parking citations a civil offense. This chapter establishes the parking citation administrative adjudication policy and procedure guidelines to be used by the City of Fairfield in implementing these changes.
11A.2 Definitions.
"Administrative Adjudication Program." That program established pursuant to California Vehicle Code Article 3, Section 40200 et seq. which consists of the parking violation review heard by the hearing officer and the Administrative Review held by the administrative review officer.
"Administrative Review Officer." That person appointed by the city manager to hear the appeal to the hearing officer’s decision. This person shall be selected from management personnel outside of the police department separate and independent from the citation collection or processing function and shall demonstrate those qualifications, training and objectivity as are necessary for the duties and responsibilities for the position.
The Officer shall have a minimum of twenty hours of training provided through (i) an accredited college or university, (ii) a program conducted by the Commission or Peace Officer Standards and Training, (iii) American Arbitration Association or a similar established organization, or (iv) through any program approved by City Council, including a program developed and provided by the City. Training programs may include topics relevant to the administrative hearing, including, but not limited to applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Twelve hours of relevant experience may be substituted for up to twelve hours of training.
"Equipment Violation." Any visual physical aspect of a parked vehicle that is noticed by the issuing officer as a violation of the Vehicle Code.
"Fairfield Parking Violation Division." Shall mean the Revenue Division of the Fairfield Finance Department responsible for the processing of the parking violation citations.
"Hearing Officer." The police department’s traffic supervisor authorized to hear the initial parking review and investigation of a contested standing or parking citation.
"Parking penalty." Shall mean any fine authorized by law, including authorized assessments, late payment penalty, assessment, and cost of collection as provided by law. (Ord. No. 96-8, § 1.)
11A.3 Parking penalties established.
The City Council shall set by resolution a schedule of parking penalties for parking violations, late payment penalties, and other related charges for parking violations. (Ord. No. 96-8, § 1.)
11A.4 Notice of parking violation citations.
The citations issued for a notice of parking violation shall contain the following information:
a. the violation, including the reference to the section of the Vehicle Code or of the local ordinance or federal statute or regulation so violated,
b. the date and the approximate time of the issuance,
c. the location where the violation occurred,
d. the vehicle license number and registration expiration date if they are visible,
e. the last four digits of the vehicle identification number, if that number is readable through the windshield,
f. the color of the vehicle,
g. and if possible, the make of the vehicle,
h. a statement that the required payment is to be made not later than 21 calendar days from the date of the violation,
i. the procedure for the registered owner or the lessee or rentee to deposit the parking penalty,
j. instructions on obtaining information on the procedures to contest the NPV pursuant to Vehicle Code section 40125. (Ord. No. 96-8, § 1.)
In addition, the NPV shall list the amount of the parking penalty due for the violation, the address of the person authorized to receive a deposit of the parking penalty, and in bold print, a statement that payments of the parking penalty may be sent through the mail.
This citation shall be considered a record kept in the ordinary course of business of the City and shall be prima facie evidence of the facts contained therein. The issuing officer shall file the notice with the police department. Any person who alters, conceals, modifies, nullifies, or destroys or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of a citation before it is filed with the police department is guilty of a misdemeanor.
11A.5 Notice of delinquent parking violation.
In the event that a parking citation is not paid within 21 days from the date of issuance, the Fairfield Parking Violation Division will send a Notice of Delinquent Parking Violation, by first-class mail, to the registered owner as shown on the record of the Department of Motor Vehicles.
The notice shall contain the same information on the Notice of Parking Violation (NPV) listed in section 11A.4 of this code.
The Notice of Delinquent Parking Violation shall also contain a statement that payment made to the City of Fairfield within 21 calendar days of the mailing of the notice shall be the amount of the original parking penalty without any additional fees or charges.
The notice shall be accompanied by a written notice of the parking penalty due for the violation and the address of the person authorized to receive the payments and/or deposits and a statement in bold print that payments of the parking penalty for the violation may be sent through the mail and instructions on obtaining information on the procedures to contest the parking citation.
The notice shall further state that failure to pay the parking penalty or contest the citation within 21 calendar days after the mailing of the letter, or failure to complete and file an affidavit of nonliability, may result in the renewal of the vehicle registration being contingent upon payment of the parking penalties.
An affidavit of nonliability shall be included with the Notice of Delinquent Parking Violation along with information that explains what constitutes nonliability, information as to the effect of executing the affidavit, and instructions for returning the affidavit to the Fairfield Parking Violation Division.
Any person who has received a Notice of Delinquent Parking Violation may request a copy of the parking citation from the Fairfield Parking Violation Division. The Fairfield Parking
Violation Division shall provide this copy within 15 calendar days of the request. Continued collection efforts for the citation pursuant to CVC 22651(i), 22651.7 and 40220 shall temporarily be suspended until the copy is mailed or otherwise provided. The Fairfield Parking Violation Division may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed $2.00. (Ord. No. 96-8, § 1.)
11A.6 Parking violation review process.
Within 21 days of the issuance of a parking citation, or 14 calendar days from the mailing of a Notice of Delinquent Parking Violation, a person cited may request a review of the circumstances of the parking violation by contacting the hearing officer in person, by phone, or in writing. The address and phone number of the hearing officer are listed on the parking citation.
The hearing officer shall investigate the circumstances of the citation with respect to the contestant’s explanation of reasons for contesting the parking violation.
If, based upon the results of the investigation, the hearing officer is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the hearing officer shall cancel the notice of parking violation and make an adequate record of the reasons for canceling the notice.
After the parking violation review, the decision of the hearing officer shall be mailed by first-class mail to the person requesting the review. (Ord. No. 96-8, § 1.)
11A.7 Administrative review process.
Within 21 calendar days of the date the results of the parking violation review are mailed, a person may request an Administrative Review Hearing, if dissatisfied with the hearing officer’s decision.
The administrative review process shall consist of the following:
1. The request may be made in person, by telephone, or in writing, addressed to the Fairfield Parking Violation Division.
2. The person requesting an administrative review shall indicate to the City his or her election for a review by mail or personal conference. If a personal conference is elected, the administrative review official will schedule the date, time and site for the hearing within 90 calendar days following receipt of the request.
3. The request for the administrative hearing must be accompanied by payment of the parking penalty for the citation or, proof of inability to pay the parking penalty due. The administrative review official may waive the posting of the penalty prior to the hearing, if the person requesting the hearing can provide verifiable and substantial proof of an inability to deposit the full amount of the parking penalty.
4. The administrative review shall be conducted before the administrative review official. The administrative review official must be a neutral, objective fact finder who conducts hearings and renders decisions in accordance with the rules, regulations, policies and procedures established by applicable laws. Within five calendar days before the hearing date, the person requesting the hearing may request one continuance, not to exceed 21 calendar days.)
5. The hearing shall consist of testimony and other evidence produced by the person requesting the hearing. The officer or person authorized to issue a notice of parking violation shall not be required to participate in an administrative review. The City shall not be required to produce any evidence other than the notice of parking violation or copy thereof, and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be considered prima facie evidence of the violation.
6. The review shall be conducted in accordance with the written procedures established by the City which shall ensure fair and impartial review of contested parking violations. The final decision may be delivered to the person contesting the violation in person or by first class mail.
7. The review process permits a minor to request a hearing and to appear at a hearing or to admit responsibility for a parking violation without the appointment of a guardian. The City may proceed against that person in the same manner as if that person were an adult.
8. Following the determination by the administrative review officer, payment of the parking penalty may be made in installments if the person provides evidence satisfactory to the review officer of an inability to pay the parking penalty in full. (Ord. No. 96-8, § 1.)
11A.8 Civil court appeal.
Within 30 calendar days of the mailing of the administrative review official’s decision, an appeal may be filed with a civil court. If a notice of appeal is not filed within the 30 calendar days required, the administrative review official’s decision is deemed final. (Ord. No. 96-8, § 1.)
11A.9 Cancellation/Correction of parking citation.
a. Issuing officer. The issuing officer may determine that in the interest of justice the notice of parking violation should be canceled. The reason for the cancellation shall be set forth in writing. The hearing officer must cancel the citation and mail the results to the person cited. The parking citation may not be canceled based upon a personal relationship.
b. Written request of person. When the description of the vehicle cited does not substantially match the registration information, and the Fairfield Parking Violation Division is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the citation shall be canceled upon written request of the person cited without the necessity of an appearance by that person. (CVC § 40206.5(b)).
c. If, after the citation has been issued and attached to the vehicle, the issuing officer determines that there is incorrect data on the notice, the officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely entry of the notice into the City’s data system. A copy of the correction shall be mailed to the person receiving the notice of parking violation. (Ord. No. 96-8, § 1.)
11A.10 Summary dismissal of parking citations.
A parking citation may be summarily dismissed by the hearing officer or the administrative review official if it does not include sufficient information to permit identification of the vehicle and to prove that a violation has been committed. (Ord. No. 96-8, § 1.)
11A.11 Drive-away situations.
A Notice of Parking Violation must be affixed to the motor vehicle by the issuing officer. In the event the vehicle is driven away before the citation can be affixed, the issuing officer shall file the citation with the hearing officer. The hearing officer shall mail a copy of the citation to the registered owner within 15 calendar days of the issuance of the citation. If the registered owner claims that the Notice of Parking Violation was never affixed or seen on the vehicle, and presents credible evidence, there may be grounds for dismissing late fee(s) which accrued because the Notice of Parking Violation was not paid or appealed in a timely fashion. If credible evidence is presented, the hearing officer or the administrative review official must ascertain whether the owner received other forms of notice of the alleged violation(s) before a charge can be dismissed. (Ord. No. 96-8, § 1.)
11A.12 Acceptance of payment.
The Fairfield Parking Violation Division shall take the following steps when payment for a citation is received:
1. Deliver a copy of the notice of delinquent parking violation or an electronically reproduced copy of the citation information to the person and record the name, address and driver’s license number of the person actually given the copy;
2. Determine whether the notice of delinquent parking violation has been filed with the Department of Motor Vehicles or if a civil judgment has been entered. If full payment is received, proceedings under this code and California Vehicle Code Article 3 shall terminate. If full payment is received, no further collection effort is permitted. The Fairfield Parking Violation Division is required to recall any Department of Motor Vehicles hold or halt any civil judgment collection for any citation that is paid in full.
If the notice of delinquent parking violation has been filed with the Department of Motor Vehicles and the fees have not been paid to the Department of Motor Vehicles through the registration process, the Fairfield Parking Violation Division upon receiving these fees shall proceed as follows:
1. Deliver a certificate of payment to the registered owner, the agent, the lessee, or the rentee or other person making the payment;
2. Immediately transmit the payment information to the Department of Motor Vehicles in the manner prescribed by the department;
3. Terminate proceedings on the notice of delinquent parking violation; and
4. Transmit for deposit all parking penalties and assessments in accordance with law.
11A.13 California Highway Patrol citations.
All parking citations issued by the California Highway Patrol within the City of Fairfield shall be processed in the same manner as those issued by the City. The penalties collected are to be retained by the City in accordance with Vehicle Code section 40200.3.
11A.14 Rental or leasing companies.
The registered owner and the driver, rentee or lessee, of a vehicle cited for any parking violation are jointly liable for the parking penalty unless the owner can show that the vehicle was used without the consent of that person or an affidavit of nonliability has been received by the Finance Parking Violation Division within 30 calendar days of the mailing of the notice of delinquent parking violation, along with the proof of a written lease or rental agreement which identifies the rentee or lessee. (CVC § 40200(b) & 40209)
If an affidavit of nonliability has been returned, a notice of delinquent parking violation shall be mailed to the rentee or lessee. If payment is not received within 21 calendar days of the mailing date of the delinquent notice, the city may proceed against the rentee or lessee.
The driver of a vehicle who is not the owner but has the owner’s express or implied permission to operate the vehicle shall be considered the agent of the owner to receive parking violation notices and may also contest these notices. (Ord. No. 96-8, § 1.)
11A.15 Monies deposited with the county.
Any monies collected from the parking penalties received that are due to the County will be forwarded to the County not later than 45 calendar days after the last day of the month in which the parking penalty was received. (CVC § 40200.4(a).) (Ord. No. 96-8, § 1.)
11A.16 Annual audited report.
An annual audited report will be prepared by the Fairfield Parking Violation Division at the end of each fiscal year detailing the activities of the parking penalty program. (CVC 40200.3(b)) (Ord. No. 93-23, § 1.)