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

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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. (b) The municipal court cleric 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. (d) An appeal does not stay enforcement and collection of the judgment unless the person before filing an appeal posts bond in the amount of the fine assessed by the municipal court with the municipal court clerk'. 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 wf4ten iietieeit d to the last iffiewn pufsuafll L _ ., ---175, of the vehieie by eet4ified mail 1<lUlll lV Vtlp LMNVV with a tm day fetur-n at least ten business days before the vehiele is impounded or- iffi ebilized natif.;, the registered owner or driver has been notified that the vehicle is subject to impoundment or immobilization under this article and of the right to a hearing regarding same. Sec. 82.178. ^ter 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 has been provided to the-----known o siel...