§ 86-186. Enforcement; procedures.  


Latest version.
  • (a)

    The department is responsible for the enforcement and administration of sections 86-184 through 86-190, inclusive. The department may enforce and administer sections 86-184 through 86-190, or any parts thereof, through one or more contractors selected in accordance with applicable law. The actions which can be used to enforce the payment of this civil penalty and related fees include, but are not limited to: referring the debt to collection agencies; and/or initiating actions through a court of competent jurisdiction, or any other lawful means, all in accordance with applicable authority, laws and procedure.

    (b)

    In order to impose a civil violation penalty under this article, the department shall mail a notice of civil violation to the owner of the vehicle responsible for the civil violation penalty not later than the 30th calendar day inclusive of weekends and legal holidays after the date the Department reviews and inspects the recorded images, and an alleged civil violation is determined by the Department.

    (c)

    A notice of civil violation issued under this article shall contain the following:

    (1)

    A description of the violation alleged;

    (2)

    The date, time, and location of the violation;

    (3)

    A copy of a recorded image of the vehicle involved in the violation;

    (4)

    The amount of the civil violation penalty to be imposed for the violation;

    (5)

    The date by which the civil violation penalty must be paid;

    (6)

    A statement the person named in the notice of civil violation may pay the civil violation penalty in lieu of appearing at an administrative adjudication hearing;

    (7)

    Information informing the person named in the notice of civil violation:

    a.

    Of the right to contest the imposition of the civil violation penalty in an administrative adjudication;

    b.

    Of the manner and time in which to contest the imposition of the civil violation penalty; and

    c.

    Failure to pay the civil violation penalty or to contest liability is a waiver of the right to appeal under subsection 86-187(a).

    (8)

    A statement that a recorded image is evidence in a proceeding for the imposition of a civil violation penalty;

    (9)

    A statement indicating failure to pay the civil violation penalty within the time allowed shall result in the imposition of an additional late penalty as prescribed by subsection 86-185(d) for each such violation; and

    (10)

    Any other information deemed necessary by the department.

    (d)

    A notice of civil violation under this article is presumed to have been received on the tenth calendar day inclusive of weekends and legal holidays after the date the notice of civil violation is mailed.

(Ord. No. O-149-2012, § 2, 7-17-12)