Ord 2013-075/Amending section 82.010 to establish a civil penalty for the offense of passing a stopped school bus and providing for a civil fine of $300 per violation

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(1) finding the vehicle owner liable for the school bus stop arm violation, assessing the applicable civil fine and any penalties and other costs in accordance with this article, and notifying the owner of the right to appeal to municipal court; or (2) finding the vehicle owner not liable for the school bus stop arm violation. (g) An order of a hearing officer must be in writing, signed, and dated by the hearing officer and filed with the department in a separate index and file. The order may be recorded using computer printouts, microfilm, microfiche, or similar data processing techniques. SECTION 9- FAILURE TO ANSWER A CIVIL SCHOOL BUS STOP ARM CITATION OR APPEAR AT A HEARING. (a) The failure of a vehicle owner charged with a school bus stop arm violation to answer to the charge within 30 calendar days after the date of issuance of the school bus stop arm citation or to appear at any hearing, including a hearing on appeal, when required to appear is an admission of liability for the school bus stop arm violation, and the hearing officer, or the municipal court in the case of an appeal, shall issue an order of liability and assess against the owner the appropriate civil fines, penalties, and other costs. (b) Within seven calendar days after filing an order of liability issued under these Procedures, a hearing officer or the entity with which the city contracts, shall notify the vehicle owner in writing of the order. The notice must be sent by United States mail to the address required for service of a citation or to the address of the vehicle owner last known to the hearing officer. The notice must include a statement of. (1) the amount of the civil fines, penalties, and costs assessed; and (2) the right to appeal to municipal court. (c) Regardless of any other provision of this article, a person who receives a school bus stop arm citation and who fails to timely pay the civil fine or fails to timely request an administrative adjudication hearing is still entitled to an administrative adjudication hearing if. (1) the person submits to the hearing officer a written request for a hearing, accompanied by an affidavit, that attests to the date on which the person received the school bus stop arm citation; and (2) the written request and affidavit are submitted to the hearing officer within 30 calendar days after the date the person received the school bus stop arm citation. SECTION 10 — CIVIL FINES FOR SCHOOL BUS STOP ARM VIOLATIONS; PENALTIES AND OTHER COSTS.