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56-10 Amend Section 309.06, Hearing Porcedure
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56-10 Amend Section 309.06, Hearing Porcedure
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5/14/2013 3:19:04 PM
Creation date
7/22/2010 6:07:56 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
7/19/2010
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grant a reasonable continuance. The person for whom the hearing is being conducted <br />may present any relevant evidence and testimony at the hearing. The person does not <br />have to attend the hearing if they submit documentary evidence to the Hearing <br />Examiner prior to the day of the hearing. <br />The City of Lakewood shall submit the original parking ticket that was personally <br />or constructively served on the person or a true copy of that ticket, and information <br />from the Bureau of Motor Vehicles that identifies the owner of the vehicle. The ticket <br />and the information in proper form is prima-facie evidence that the registered owner of <br />the vehicle was the person who committed the Parking Infraction. The City of <br />Lakewood may present additional evidence and testimony at the hearing. The City of <br />Lakewood does not have to be represented at the hearing by an attorney. <br />(B) (1) If a person for whom a hearing is to be conducted under <br />Subsection (A) of this Section appears at the scheduled hearing or submits evidence in <br />accordance with that Subsection, the Hearing Examiner shall consider all evidence and <br />testimony presented and shall determined whether the City of Lakewood has <br />established, by a preponderance of evidence, that the person committed such <br />infraction. If the Hearing Examiner determines that the person committed such <br />infraction, an order indicating the determination as a judgment against the person and <br />requiring the person to pay the appropriate fines and any additional penalties, fees and <br />costs shall be entered in the records of the Parking Violations Bureau. <br />(2) If a person for whom a hearing is to be conducted under <br />Subsection (A) of this Section fails to appear at the scheduled hearing and fails to <br />submit evidence in accordance with that Subsection, the Hearing Examiner shall, if they <br />determine from any evidence and testimony presented at the hearing, by a <br />preponderance of the evidence that the person committed the Parkirig Infraction, enter <br />a default judgment against the person and require the person to pay the appropriate <br />fines and any additional penalties, fees and costs. A default judgment entered under <br />this Subsection shall be entered in the records of the Parking Violations Bureau. <br />(3) If a person who is sent a notification of a Parking Infraction <br />pursuant to Section 309.04 of this Code does not timely answer, as provided in <br />Subsection (C) of that Section, the Hearing Examiner shall, if he determines from any <br />evidence and testimony presented to him by the local authority, by a preponderance of <br />the evidence, that the person committed the Parking Infraction, enter a default <br />judgment against the person and require the person to pay the appropriate fines and <br />any additional penalties, fees and costs. A default judgment entered under this <br />Subsection shall be entered in the records of the Parking Violations Bureau. <br />(4) If the Hearing Examiner does not determine, by a preponderance <br />of the evidence, that a person in any of the classes described in Subsection (B)(I), (2) <br />or (3) of this Section committed the Parking Infraction, the Hearing Examiner shall <br />-2- <br />
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