§ 86-189. Effect of liability; exclusion of civil remedy.

(a)

The imposition of a civil violation penalty under this article shall not be considered a criminal conviction.

(b)

A civil violation penalty may not be imposed under this article upon the owner of a vehicle if the operator of the vehicle was arrested or was issued a speeding citation and notice to appear by a law enforcement or public safety officer as a violation of any of the provisions of Subpart A, Part IV, Chapter 1 of Title 32 of the Louisiana Revised Statutes if such violation was captured by the system.

(c)

The Lafayette City-Parish Attorney and/or a contractor selected in accordance with applicable laws is authorized to file suit to enforce collection of unpaid fines and/or related fees and penalties imposed under section 86-188 by any and all lawful means to secure such payments, including but 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 procedures.

(d)

The director shall ensure, and shall so instruct any contractors selected pursuant to this section, that unpaid fines and/or related fees and penalties imposed under this division are enforced in the following manner:

(1)

No fewer than 120 days after issuance of a final order under section 86-181, if a violator has incurred $125.00 or more in delinquent penalties (not including late payment penalties or administrative adjudication fees) within the three calendar years preceding issuance of the final order under section 86-181, the debt shall be referred through the contractor to a collection agency to attempt collection.

(2)

No fewer than 120 days after referral to a collection agency, the contractor shall notify the collection agency to cease its attempts at collection for vehicles registered with the Louisiana Department of Motor Vehicles, and the director shall transfer to the Lafayette City-Parish Attorney all original documents, if any, supplied to either the contractor or collection agency. The director and the contractor shall ensure that no debts are reported to credit-reporting services.

(3)

Upon receipt of all documents supplied to the contractor or collection agency, the Lafayette City-Parish Attorney shall enforce collection of all unpaid fines, fees, penalties, late payment penalties and administrative adjudication fees in a court of competent jurisdiction for vehicles registered with the Louisiana Department of Motor Vehicles. The city-parish attorney may bring suit in the name of the Lafayette City-Parish Consolidated Government or may retain outside counsel to bring suit, in accordance with applicable laws, in the name of the Lafayette City-Parish Consolidated Government.

(4)

The director or contractor, as applicable, shall supply to the city-parish attorney, or outside counsel bringing suit, all materials and/or testimony necessary to support enforcement.

(5)

The Lafayette City-Parish Attorney shall ensure that defendants in enforcement suits authorized by this section have, until rendition of final judgment, the option of settlement by payment of all outstanding fines, fees, penalties, late payment penalties and administrative adjudication fees, as well as court costs and filing fees incurred (whether prepaid or otherwise) in enforcement. No defendant in such suit shall be required to pay attorney's fees in connection with such settlement.

(6)

The Lafayette City-Parish Attorney shall ensure that any money judgment obtained in a suit to enforce fines levied for violation of this division shall be recorded in the mortgage records of the Lafayette Parish Clerk of Court as a judicial mortgage against the property of the defendant.

(Ord. No. O-149-2012, § 2, 7-17-12)