§ 8-12.5. Hearing Procedure.

a.

No Hearing without Deposit . No hearing to contest a notice of parking violation, notice of delinquent parking violation, or notice of equipment violation shall be held unless the fine has been deposited in advance in accordance with subsection 8-12.4(c) or an advance hardship waiver has been issued in accordance with subsection 8-12.4(d).

b.

Hearing Date; Notice of Hearing . The hearing date shall not be more than ninety (90) days from the date that the request for hearing is filed in accordance with the provision of the rules of procedure. The Examiner shall serve written notice of the time, date and place of hearing in person or by first class mail. The hearing date shall not be less than fifteen (15) days from the date of mailing.

c.

Minors . Minors may represent themselves without the necessity of appointing a guardian.

d.

Alternate Hearing Procedures . The hearing may be conducted by mail or in person. If the person desires a hearing by mail, he shall deposit his declaration with the Finance Department at least two (2) business days before the administrative hearing.

e.

Citation Prima Facie Evidence . The notice of parking violation or a copy thereof shall constitute prima facie evidence of the facts contained therein, and the officer need not be present at the hearing, and no other evidence is required.

f.

Continuances . The person requesting the hearing or the Examiner may request one continuance not to exceed twenty-one (21) calendar days.

g.

Conduct of an Administrative Hearing .

1.

The Examiner shall receive the citation into evidence and shall ascertain that the defendant has a true copy.

2.

The Examiner shall permit the defendant to call any witnesses on his or her behalf and may examine them at the conclusion of their testimony.

3.

The Examiner may examine the physical site where the violation occurred if the Examiner determines that to do so would be in the interest of justice. The defendant may be present during the examination. The Examiner may continue the case to make such examination.

4.

The officer or person issuing the notice of parking violation or equipment violation is not required to be present at the hearing. The City of Alameda does not have to produce evidence other than the notice of parking citation or equipment violation or a copy thereof and information received from the Department of Motor Vehicles identifying the owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.

5.

The hearing shall be an independent, objective, fair and impartial review of the contested parking violation.

h.

Conduct of Hearing by Mail . The Examiner shall consider all relevant written evidence and make his or her determination within ten (10) calendar days from receipt of the request for hearing by mail.

i.

Notice of Decision . The Examiner's decision following the administrative hearing or hearing by mail shall be delivered to the person by the Examiner or sent first class mail. Following a determination by the Examiner, the Examiner may allow for deferred payment, or allow payment in installments if the person provides evidence satisfactory to the Finance Department of an inability to pay the amount in full.

(Ord. No. 2771 N.S. § 1)