Ord 2007-061 - Laserfiche WebLink

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state law, and the testimony and evidence presented by the defendant and the city. (5) If the hearing officer determines by a preponderance of the evidence that the defendant committed the violation, he shall find the defendant liable for all fees and fines. (6) At the conclusion of the hearing, the hearing officer shall issue an order stating: A. whether the person charged with the violation is liable for the violation; B. the amount of any fine, cost, or fee assessed against the person; and C. a statement that the order may be enforced by the methods provided in this article. (7) The order shall be filed with the municipal court clerk and shall be kept in a separate index and file. The order may be recorded using microfilm, microfiche, or any data processing techniques. (b) Hearings on immobilizing or impounding vehicles: (1) All hearings regarding the immobilizing or impoundment of motor vehicles will be conducted before a municipal court judge or associate judge. (2) The only issues to be decided at the immobilization or impoundment hearing are whether there are three or more unpaid adjudicated parking violations within a calendar year related to the vehicle and whether a compelling reason exists not to immobilize or impound the motor vehicle. SECTION 7. Current Section 82.176 of the City Code is deleted entirely and replaced with Section 82.176 to read as follows: Sec. 82. 176. Appeal. (a) A person whom the hearing officer determines to be in violation of a vehicle parking or stopping ordinance may appeal the determination by filing a petition with the clerk of the municipal court and paying the costs required by law for municipal court not later than the 30th day after the date on which the order is filed.