Ord 2023-045 amending Chapter 82, Article 4, Stopping, Standing, Parking, Division 1, of the San Marcos City Code

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city attorney or the city attorney's designated agent may appear on behalf of the city at the hearing. (4) No fori-nal or sworn complaint shall be necessary. At the hearing, the hearing officer shall examine the contents of the citation and the evidence related to ownership of the vehicle in question, the presumptions and other prima facie evidence established by this article and other applicable 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) Meafiflgs eii iffifflebilizing or-impounding i,ehieles-; All heafings fegafding the immebilizi — . . idmefft of m vehieles will be eendueted bef6fe a tnunieipal eauft judge E)-r- asseeiate judge,; (2) The only issues to be deeided eA the immobilization of impoHndment hearing are whether- there are thfee of more unpaid adjudie pafking viela4ians within a ealeadaf yeaf felated to the vehiele a whether- a eompelling feasen eKists not to immobilize or- impoi the ffieter-vehiele. 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