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33-12 Amend 309.06 Hearing Procedure - unpaid judgements
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33-12 Amend 309.06 Hearing Procedure - unpaid judgements
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Last modified
5/14/2013 3:21:53 PM
Creation date
7/6/2012 6:56:39 AM
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Office Of Council
Document Type
Ordinances
Date Adopted
7/2/2012
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C. The motion sets forth excusable neglect as to the person's failm~e <br />to attend the hearing or answer the notification of such infraction. <br />(c) Payment of any judgment or default judgment entered against a persoa pur- <br />suant to this section shall be made to the Parking Violations Bareau in <br />which the judgment was entered within tea (10) days of the date of entry. <br />All money paid in satisfaction of a judgment or default judgment shall be <br />disbursed by the Parking Violations Bureau to the City of Lakewood, De- <br />partment of finance, and the Parkiug Violations Bureau shall enter the fact <br />of payment of the money and disbursement in the records of the Parking <br />Violations Bureau. If payment is not made within this time period, the <br />judgment or default judgment shad be feted with the office of the Clerk of <br />Courts, Civil Division, and when so filed, shall have the same force and ef- <br />fect as a money judgment in a civil action rendered is the court. <br />(d) Any person against whom a judgment or default judgment is entered pursu- <br />ant to this section and the City of Lakewood if judgmeut is entered against <br />the Cit}= pursuant to this section may appeal the judgmeut or default judg- <br />ment to the Lakewood Municipal Court by filing notices of appeal with the <br />Parking Violations Bureau and the Municipal Court within fifteen (IS) days <br />of the date of entry of the judgment and by the payment of such reasonable <br />costs as the court requires. Upon the filing of an appeal, the court shall <br />schedule a hearing date and notify the parties of the date, time and place of <br />the hearing. The hearing shall be held by the court in accordance with the <br />rules of the court. Service of a notice of appeal under this subsection by a <br />person does not stay enforcement and collection of the judgment or default <br />judgment from which appeal is taken by the person unless [he person who <br />files the appeal posts bond with [he Parking Violations Bureau in the <br />amount of the judgment, plus court costs, at or before service of the notice <br />of appeal. Nohvithstanding any other provision of law, the judgmeut oa <br />appeal of the Municipal Court is final, and no other appeal of the judgment <br />of the Parkiug Violations Bureau and no appeal of the judgment of the Mu- <br />nicipal Court may be taken. <br />(e) A default judgment entered pursuant to this section Wray be filed with the <br />Municipal Court, office of the Clerk of Courts, Civil Division, under sub- <br />section (c) of this section at nay time within three (3) years after the date of <br />issuance of the parking ticket charging the Parking Infraction out of which <br />the judgment arose. This division applies to auy ticket issued for an offense <br />that would be a parking iufiaction on or after the effective date of this sec- <br />tion, if the ticket was issued within three years prior to the effective date of <br />this section and a warrant has not been issued and served on the operator or <br />owner of the vehicle involved in the offense. <br />shall be and is hereby amended to read as follows: <br />309.06 HCARING PROCCDURG. <br />(c) Payment of any judgment or default judgmeut entered against a persoa pur- <br />suant to this section shall be made to the Parking Violations Bureau in <br />which the judgment was entered within ten (10) days of the date of enU•y. <br />All money paid in satisfaction of a judgment or default judgmeut shall be <br />
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