2022-31 Ordinance Amending City Code Chapter 34 - Traffic and Parking

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The City Manager shall, from time to time,review the parking rates and fees established in this section and recommend changes for City Council review and approval 74. COMPLAINT PROCEDURE. The registered owner of the vehicle that has been issued a citation for violating any section of this Chapter, except Section 70, and 71,may appeal the issuance of the citation in writing within 14 days of the time of the citation unless otherwise designated in the ordinance. Oral appeals will not be accepted. For violations of this Chapter with an initial fine less than the amount that makes the vehicle eligible for immobilization and impoundment, such written appeal must be received by the Department Director or designee of the Department of the City of Decatur responsible for issuing the citation by said 14th day. Appeals will not be accepted on citations for which more than 14 days have elapsed from the date of issuance of the citation. Filing of an appeal shall stay increases in the fine schedule specified in Section 73 herein, for a period of seven (7) days from the date of the written response to the appeal. The decision of the Department Director shall be a final and appealable administrative decision. For violations of this Chapter with an initial fine of an amount that makes the vehicle eligible for immobilization and impoundment, an administrative hearing shall be held,pursuant to Chapter 29 of Decatur City Code. The city shall serve respondents with notice in a manner reasonably calculated to give the respondent actual notice of the complaint, as outlined in Chapter 29, Section 5, of Decatur City Code. Fine increases shall be stayed for a period of seven(7) days from the date of the hearing officer's decision and order. All interested parties shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply, and hearsay evidence shall be admissible. The hearing shall be open to the public and recorded. The decision of the Hearing Officer shall be a final and appealable administrative decision. 75. SEVERABILITY. If any part or parts of this Chapter are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions thereof. Section 2. That the City Clerk be, and she is hereby, authorized and directed to cause the provisions hereof to be appropriately set out in the City Code and to cause the same to be published in pamphlet form according to law. PRESENTED, PASSED,APPROVED AND RECORDED this 5th day of July, 2022. 1 LIE MOORE WOLFE, VYOR _ATTEST: 1�1 ITY CLERK 041/ , PUBLISHED thisday of ° , 2022. ITY CLERK