Ordinance 890-82 - Laserfiche WebLink

• 1 3. The hearings examiner shall make findings that: 2 a. The individual summoned is the owner or owners of record of the vehicle; 3 b. The parking violations fulfill the necessary number within 4 the appropriate time period; 5 c. The parking violations occurred within the City; 6 d. There are no defenses nor extenuating and mitigating factors justifying a finding that the vehicle is not a public 7 nuisance. 8 4. If the hearing examiner makes a finding that the vehicle is a public nuisance, as defined herein, he shall require the registered owner 9 thereof to pay a civil penalty of twenty dollars ($20) per violation for all violations. If the registered owner fails to pay said fine 10 within a period of thirty (30) days: 11 a. The vehicle shall be deemed forfeited to the City and may be removed to a specified City impoundment location by 12 towing or other method by the City or its delegate from wherever found within the City limits; and/or 13 b. The City or its assignee may bring a civil action requiring 14 the registered owner to pay a civil penalty of twenty dollars ($20) per violation. 15 Provided, however, that if the City or its assignee shall pursue 16 collection by judicial action as well as impoundment and sale of the vehicle, the City shall retain only so much of the proceeds of the 17 judicial action and sale proceeds as constitutes twenty dollars ($20) per violation, plus the cost of any other outstanding parking 18 citations and legal fees. 19 Notwithstanding any provision of this section, the owner of record, as well as the City, shall have access to the judicial system as 20 provided by law in order to appeal the findings of fact or conclusions of law of the hearing examiner if such appeal is filed 21 before the expiration of thirty (30) days from the date of hearing. 22 be and the same is hereby amended to read as follows: 23 24 Section 16: Parking Violations Constituting a Public Nuisance - Abatement 25 The City Council finds and declares that any vehicle repeatedly violating 26 the City's parking ordinances obstructs the designated and intended use of such parking spaces by the general public and obstructs and impairs the 27 freedom to use such parking spaces by the general public, thus constituting a public nuisance. Such nuisance shall be abated as follows: 28 1. Fines shall be levied as provided elsewhere in the Everett 29 Municipal Code. 30 2. The owner of record of any vehicle that has been cited for three or more violations of the City's parking offenses in any one calendar 31 32 -2-