*Editor's Note: Former Part VII, "Administrative Adjudication", of
Chapter 1, previously codified herein and containing portions of Urgency Ordinance
022-93C.S., was repealed and reenacted by Ordinance 033-96C.S. — Effective
October 23, 1996.
SEC. 1-040. ADMINISTRATIVE ADJUDICATION REFERENCE:
Whenever any other portion of this Code, which was adopted prior to the 1996
adoption of this amended Part VII of Chapter 1, references either "Part
VII of Chapter 1," "Sections 1-040 through 1-048," or "Administrative
Adjudication," such reference shall be deemed to refer to this amended
Part VII of Chapter 1.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-041. PARKING CITATIONS - APPEALS:
A. Initial Review. Any person receiving a parking citation may appeal it to
the Police Department within ten (10) business days from the date the citation
was issued. When a parking citation is issued by mail, the appeal must be
made within ten (10) business days from the date the citation was mailed.
Such appeal may be made in person, by telephone, or in writing.
B. Upon receipt of the request for review of the parking citation, the Police
Department shall cause such citation to be reviewed for compliance with all
applicable codes and appropriateness.
C. If the department finds there are grounds for cancellation, the findings
shall be entered on the record and the parking citation shall be canceled.
D. Results of the initial review shall be sent to the contestant within fifteen
(15) days from the date the request is received.
E. Administrative Hearing. If the contestant is dissatisfied with the results
of the initial review, within ten (10) days of mailing of the results of the
initial review, the contestant may request a hearing, made in writing specifying
the grounds for contesting the results of the initial review, and depositing
all applicable fines. As soon as practicable after receiving the request for
a hearing, the City Manager shall appoint a hearing officer and fix a date,
time, and place for the hearing but in no instance shall such hearing be set
later than forty-five (45) days after the request is received. Written notice
of the time and place of the hearing shall be served not less than five (5)
days prior to the date of the hearing, unless otherwise provided elsewhere
in this Code, to the party responsible for the violation and anyone else who
received notice of the parking citation by any one of the following means:
1. Personal service; or
2. First-class mail.
Service by first-class mail in the manner described above shall become effective
on the date of mailing.
F. Failure of any person to request a hearing in accordance with the provisions
of this Section shall constitute a waiver of such person's right to a hearing
for adjudication of the parking citation, or any portion thereof, and adjudication
of the total amount of the fine.
G. The hearing officer shall consider any written or oral evidence consistent
with its rules and procedures for public hearings regarding the following issues:
1. The Police Department shall present information or testimony relating to
the violation and the appropriate means of correcting the violation if applicable.
2. The owner or agent or person responsible for the violation or any other
interested person may present relevant testimony or evidence concerning the
violation.
H. The City Manager and/or his designee shall establish and promulgate all
appropriate rules and procedures for conducting hearings and rendering decisions
pursuant to this Section.
I. The decision of the hearing officer regarding any appeal shall be final
and binding.
J. The hearing officer may reduce, waive, or conditionally reduce the fines
stated in the citation or any late fees assessed, but in no event can the hearing
officer reduce said fine below the minimum established by resolution of the
City Council. The hearing officer may also impose conditions and deadlines
by which to correct the violation or pay any outstanding fine.
K. Failure of any person to appear at the scheduled time and place for the
hearing shall not preclude the hearing officer from conducting the hearing
at such time.
1. The person requesting the hearing shall, upon request, be entitled to a
single continuance of the hearing time and date.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
Stockton,
CA 
