58-10 Amend Chpt 309, Parking Violations Bureau

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requiring the person to pay the appropriate fines and any additional penalties, fees and costs shall be entered in the records of the Parking Violations Bureau. (2) If a person for whom a hearing is to be conducted under Subsection (A) of this Section fails to appear at the scheduled hearing and fails to submit evidence in accordance with that Subsection, the Hearing Examiner shall, if they determine from any evidence and testimony presented at the hearing, by a preponderance of the evidence that the person committed the Parking Infraction, enter a default judgment against the person and require the person to pay the appropriate fines and any additional penalties, fees and costs. A default judgment entered under this. Subsection shall be entered in the records of the Parking Violations Bureau. (3) If a person who is sent a notification of a Parking Infraction pursuant to Section 309.04 of this Code does not timely answer, as provided in Subsection (C) of that Section, the Hearing Examiner shall, if he determines from any evidence and testimony presented to him by the local authority, by a preponderance of the evidence, that the person committed the Parking Infraction, enter a default judgment against the person and require the person to pay the appropriate fines and any additional penalties, fees and costs. A default judgment entered under this Subsection shall be entered in the records of the Parking Violations Bureau. (4) If the Hearing Examiner does not determine, by a preponderance of the evidence, that a person in any of the classes described in Subsection (B)(I), (2) or (3) of this Section committed the Parking Infraction, the Hearing Examiner shall enter judgment against the City of Lakewood, shall dismiss the charge of the Parking Infraction against the person, and shall enter the judgment and dismissal in the records of the Parking Violations Bureau. (5) A default judgment entered under this Section may be vacated by the Hearing Examiner who entered it if all of the following apply: (a) The person against whom the default judgment was entered files a motion with the Parking Violations Bureau within one (1) year of the date of entry of the judgment; (b) The motion sets forth a sufficient defense to the Parking Infraction out of which the judgment arose; and (c) The motion sets forth excusable neglect as to the person's failure to attend the hearing or answer the notification of such infraction. (C) Payment of any judgment or default judgment entered against a person pursuant to this Section shall be made to the Parking Violations Bureau in which the judgment was entered within ten (10) days of the date of entry. All money paid in -8-