|
Procedure for Appealing/Contesting a Parking Citation The Codified Ordinances of Lakewood require all persons cited for parking violations to answer the charge within fifteen (15) days from the date of the citation’s issuance. A person may contest a citation by denying the commission of the infraction as cited and requesting a hearing before the Parking Violations Bureau. Alternatively, persons may admit to the commission of the infraction as cited but include with their admission an explanation of possibly mitigating circumstances.
Denial of Violation and Request for Hearing In their answer to a parking citation, persons may deny the commission of the infraction as cited and request a hearing. Hearings are administered by the Parking Violations Bureau and are conducted by a Hearing Examiner. Persons desiring the appearance of the official that issued their citation must so request the appearance at the time of their denial. Upon their receipt of the “denial and request”, the Parking Violations Bureau will send written notification of the hearing time and date to the appellant.
Hearing
Procedures At hearings, the City of Lakewood is under the burden of proving by a preponderance of the evidence that the person for whom the hearing is being conducted did commit the parking violation(s) as cited. All testimony at hearings will be taken under oath. Persons upon whose request the hearing is being conducted may present any relevant evidence and testimony. The City of Lakewood will present the original parking citation or a true copy and information from the Ohio Bureau of Motor Vehicles identifying the owner of the vehicle. The City may also present additional evidence and testimony. Neither the City nor the person for whom the hearing is being conducted must be represented by an attorney at the hearing.
If, in their initial denial and request for the hearing, the person requests that the official who issued the parking citation be present at the hearing, that official shall be present. In the event that the citing official cannot be present, the Hearing Examiner may grant a continuance. If the Hearing Examiner determines that the requested citing official’s presence at the hearing is unnecessary, that official will no longer be required to attend the hearing.
The Hearing Examiner will consider all evidence and testimony and determine if the City of Lakewood has proven (by a preponderance of the evidence) that the person for whom the hearing was conducted did commit the parking violation as cited. Upon a finding that a person committed the contested infraction, a judgment will be entered against that person requiring that they pay the assessed fines, plus any additional costs which have been assessed. Upon finding that a person did not commit the contested parking infraction, the citation will be dismissed and judgment will be entered accordingly. Upon failure by a person to either (a) appear for a scheduled hearing or (b) properly provide documentary evidence to the Parking Violations Bureau, a judgment will be entered against person requiring that they pay the assessed fines, plus any additional costs which have been assessed. Physical appearance at the hearing is not required by a person denying a parking citation if that person submits documentary evidence to the Hearing Examiner on or earlier than the day before their scheduled hearing.
Admittance Accompanied By Explanation A person may admit to committing the parking violation as cited and accompany said admittance with an explanation of the circumstances surrounding the infraction. The explanation will be provided to the Hearing Examiner but will not take place within the context of a hearing. Persons may submit (personally or via regular U.S. mail) their explanation and any accompanying evidence to the Hearing Examiner. Evidence may be in the form of affidavits or other documentary evidence. Upon examination of the explanation and any evidence, the Hearing Examiner will determine if the explanation mitigates the commission of the parking violation. If the Hearing examiner so finds mitigating circumstances, the Parking Violations Bureau will reduce the amount of the fine or eliminate it entirely at the discretion and advice of the Hearing Examiner. If the person submitting an explanation has already paid the applicable fines and mitigating circumstances are found, all or part of the fine will be a refund corresponding to the adjustments made by the Parking Violations Bureau will be issued. If the Hearing Examiner finds no mitigating circumstances, the fine corresponding to the cited violation will be assessed in full.
Payment Immediately after the Hearing Examiner makes a determination from evidence provided by a hearing or explanation, an appropriate judgment will be entered by the Parking Violations Bureau. Judgments that require payment of any fines, penalties, costs or fees must be paid within ten (10) days of the judgment entry. If a person fails to pay the required sum within ten days, the Parking Violations Bureau will file the judgment in Municipal Court, wherefore court costs will be assessed. Upon failure to pay within 16 days of a judgment entry, Citation Processing Center Reports will be submitted to the Ohio Bureau of Motor Vehicles. |