Ord 2007-061 - Laserfiche WebLink

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(b) The municipal court clerk shall schedule an appeal hearing and notify the appellant and the city attorney of the date, time, and place of hearing. (c) The appellate hearing shall be a de novo review by whichever of the municipal court judge or the associate municipal court judge that did not preside at the original hearing. The judge hearing the appeal shall use the same criteria as the administrative adjudication hearing. If the judge determines by a preponderance of the evidence that the person committed the parking offense, the judge shall find the defendant liable. SECTION 8. Current Section 82.177 of the City Code is deleted entirely and replaced with Section 82.177 to read as follows: Sec. 82.177 Enforcement (a) An order filed pursuant to this article may be enforced by: (1) impounding or immobilizing the vehicle if the offender has committed three or more parking or stopping offenses in the past calendar year; and (2) imposing an additional fine if the original fine is not paid within a specified time. (b) Provided however that no vehicle shall be impounded or immobilized under this Article unless written notice is mailed to the last known registered owner, or current owner if that information is contained in the order filed pursuant to 82.175, of the vehicle by certified mail-return receipt requested with a ten day return at least ten business days before the vehicle is impounded or immobilized notifying the registered owner that the vehicle is subject to impoundment or immobilization under this article and of the right to a hearing regarding same. SECTION 9. Current Section 82.178 of the City Code is deleted entirely and replaced with Section 82.178 to read as follows: Sec. 82.178 Orders for impoundment or immobilization; (a) Procedures for impoundment or immobilization: (1) If a vehicle owner does not request a hearing or pay the penalty as provided by this article, the vehicle may be immobilized or impounded after notice and opportunity for a