58-10 Amend Chpt 309, Parking Violations Bureau

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against the person. Failure to answer the parking infraction within thirty (30) days after the date on which the notification of infraction was mailed shall result in the imposition of an additional penalty of five dollars ($5.00). 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 grant a reasonable continuance. The person for whom the hearing is being conducted may present any relevant evidence and testimony at the hearing. The person does not have to attend the hearing if they submit documentary evidence to the Hearing Examiner prior to the day of the hearing. The City of Lakewood shall submit the original parking ticket that was personally or constructively served on the person or a true copy of that ticket, and information from the Bureau of Motor Vehicles that identifies the owner of the vehicle. The ticket and the information in proper form is prima-facie evidence that the registered owner of the vehicle was the person who committed the Parking Infraction. The City of Lakewood may present additional evidence and testimony at the hearing. The City of Lakewood does not have to be represented at the hearing by an attorney. (B) (1) If a person for whom a hearing is to be conducted under Subsection (A) of this Section appears at the scheduled hearing or submits evidence in accordance with that Subsection, the Hearing Examiner shall consider all evidence and testimony presented and shall determined whether the City of Lakewood has established, by a preponderance of evidence, that the person committed such infraction. If the Hearing Examiner determines that the person committed such infraction, an order indicating the determination as a judgment against the person and -7-