56-10 Amend Section 309.06, Hearing Porcedure

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Ordinance No.: 56-10 By: Antonio, Bullock, Butler, Madigan, Powers, Smith, Summers AN ORDINNACE to take effect August 1, 2010, provided it receives the affirmative vote of at least five (5) members elected to Council otherwise, it shall take effect and be in force after the earliest period allow by law, amending Section 309.06; Hearing Procedure, of the Codified Ordinances of the City of Lakewood for the purpose of allowing the civil collection of certain outstanding parking violations pursuant to the authority granted in Ohio Revised Code §4521.08. WHEREAS, this Council by a vote of at least five (5) members elected thereto .determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that Chapter 309 of the Lakewood Codified Ordinances takes effect August 1, 2010. Now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Chapter 309.06, Hearing Procedure, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 309.06. Hearing Procedure (A) If a person who is personally or constructively served with a parking ticket charging the commission of a Parking Infraction or who receives a notification of such infraction, in their answer to the charge denies that they committed the infraction, the Hearing Examiner shall conduct a hearing to determine if the person committed the Parking Infraction. Each hearing shall be conducted by a hearing Examiner. Each hearing shall be conducted in such manner as the Hearing Examiner considers appropriate. Rules regarding the admissibility of evidence shall not be strictly applied in the hearing, but all testimony shall be under oath. At the hearing, the City of Lakewood has the burden of proving, by a preponderance of the evidence, that the person for whom the hearing is being conducted committed the Parking Infraction. If the person, in their answer, denied that they committed the Parking Infraction and requested the presence at the hearing of the Law Enforcement Officer or Civilian employee who issued the parking ticket, the Law Enforcement Officer or Civilian employee shall be required to attend the hearing unless the Hearing Examiner determines that such officer's presence is not required. If such officer's presence at the hearing. has been requested and such officer is unable to attend the hearing on the day and at the time scheduled, the Hearing Examiner may