33-12 Amend 309.06 Hearing Procedure - unpaid judgements

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miffed the infi'action, the Bearing Examiner shall conduct a hearing to de- termine if the person committed the Parking Infraction. Each hearing shall be conducted by a Hearing F,xmniner. Each hearing shall be conducted in such manner as the Hearing Examiner considers appropriate. Rules regard- ing the admissibility of evidence shall not be strictly applied in the hearing, but all testimony shall be under oath. (b) (I) 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 determine whether the City of Lakewood has established, by a preponderance of evidence, that the person conunitted such infraction. If the Hearing Examiner deter- mines that the person committed such infraction, an order indicating the determination as a judgment against the person and requiring the per- son to pay the appropriate fines and any additional penalties, fees aad costs shall be entered iu 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 sub- mit 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 cony witted the Parking Infraction, enter a default judgment against the per- sar and requh'e the person to pay the appropriate fines and any addi- tional penalties, fees and costs. A defardt judgment entered under [his subsection shall be entered iu the records of the Parking Violations Bu- reau. (3) If a person who is sent a notification of a Parking Infraction pursuant to Section 309A4 of this Code does not timely answer, as provided in subsection (c) of that section, the Hearing Examiner shall, if he deter- mines from any evidence and testimony presented to him by the local authority, by a preponderance of the evidence, [hat the person commit- ted 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 subsec- tion 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 is any of the classes described in subsection (b)(1), (2) or (3) of this section committed the Parking hrfraetion, the Hearing Examiner shall enter judgment against the City of Lakewood, shall dismiss the charge of the Parking Infiaction against the person, and shall enter the jadgment 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 mre (I) year of the date of entry of the judgment; B. The motion sets forth a sufficient defense to the Parking Infiaction out of which the jadgment arose; mid