§ 94-339. Determination of liability.

(a)

The person on whom a parking violation notice has been served pursuant to section 94-337 shall, within 14 days from the date of the notice:

(1)

Pay the indicated fine; or

(2)

In the manner indicated on the notice, submit the materials set forth in section 94-341 to obtain an adjudication by mail or request an administrative hearing and as set forth in section 94-336 to contest the charged violation. A response by mail shall be deemed timely if postmarked within 14 days of the issuance of the notice of violation.

(b)

If the respondent submits documentary evidence to obtain an adjudication by mail pursuant to section 94-341, the parking administrator shall send the respondent a copy of the hearing officer's determination.

(c)

If the respondent requests an administrative hearing to contest the cited violation pursuant to section 94-342, the parking administrator shall notify the respondent in writing of the location and time available for a hearing in accordance with subsection (f) of this section. Where a respondent who has requested an administrative hearing either fails to pay the indicated fine prior to the hearing or appear at a hearing, a determination of parking violation liability shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within 28 days of issuance of a hearing officer's determination of liability will result in the imposition of a late penalty pursuant to subsection (e) of this section. Upon the occurrence of a final determination of parking violation liability, any unpaid fine or penalty will constitute a debt due and owing to the town. The parking administrator will cause a notice of hearing providing this information to be sent to the respondent in accordance with subsection (f) of this section.

(d)

If no response is made in accordance with subsection (a) of this section, the parking administrator shall cause a second notice of violation to be sent to the respondent in accordance with subsection (f) of this section. The notice shall specify the date and location of the violation, the make and state registration number of the vehicle, the Code section violated, the applicable fine and the time and manner in which the respondent may obtain an adjudication by mail or request a hearing to contest the violation. If the respondent requests an administrative hearing to contest the cited violation, the parking administrator will cause a notice of hearing to be sent to the respondent as provided in subsection (c) of this section. If the respondent fails to pay the indicated fine, to submit documentary evidence or to obtain an adjudication by mail or to request a hearing to contest the charged violation within 21 days from the date of such a notice, a determination of parking violation liability shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within 28 days of the issuance of the determination of liability will result in the imposition of a late payment penalty pursuant to subsection (e) of this section. Upon the occurrence of a final determination of parking violation liability, any unpaid fine or penalty will constitute a debt due and owing the town. The second notice of violation shall provide the information stated in this subsection.

(e)

Failure of any respondent to pay or mail payment of the fine for the parking violation within 28 days of the issuance of the determination of liability will automatically subject the respondent to a penalty for late payment. The penalty for late payment shall be an amount equal to the amount of the fine for the relevant parking violation.

(f)

The parking administrator shall serve the notice of hearing, the second notice of violation, the hearing officer's determination, the notice of final determination of parking violation liability, the notice of impending vehicle immobilization, the notice of impending driver's license suspension, where applicable, by first class mail, postage prepaid, to the address of the registered owner of the vehicle as recorded with the secretary of state. If the vehicle is registered in a state other than this state, the parking administrator shall send the appropriate notice to the address of the registered owner as recorded in such other state's registry of motor vehicles.

(Code 1958, § 33-183; Ord. No. 11-93, 3-9-1993)