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1 month and/or ten or more violations of the City's parking offenses <br /> in any twelve-month period, and said parking violations have gone <br /> 2 unpaid, shall be summoned to appear before a Hearing Examiner <br /> for an abatement determination. <br /> 3 <br /> 3. In the event the Hearing Examiner finds that: <br /> 4 <br /> a. The individual summoned is the owner or owners of record <br /> 5 of the vehicle; <br /> 6 b. The parking violations fulfill the necessary number within <br /> the appropriate time period; <br /> 7 <br /> c. The parking violations occurred within the City; <br /> 8 <br /> d. There are no defenses nor extenuating and mitigating <br /> 9 factors justifying a finding that the vehicle is not a public <br /> nuisance; <br /> 10 <br /> then, the Hearing Examiner shall determine that the vehicle is a <br /> 11 public nuisance. <br /> 12 4. If the Hearing Examiner makes a finding that the vehicle is a <br /> public nuisance, as provided herein, he shall require the registered <br /> 13 owner thereof to pay twenty dollars ($20) per violation in addition <br /> to the fine amount for each violation. The total amount (fine <br /> 14 amount added to $20) shall be deemed the civil penalty per <br /> violation. This method shall be used to calculate all civil penalties <br /> 15 for all parking violations. If the registered owner fails to pay said <br /> civil penalty within a period of thirty (30) days: <br /> 16 <br /> a. The vehicle shall be deemed forfeited to the City and may <br /> 17 be removed to a specified City impoundment location by <br /> towing or other method by the City or its delegate from <br /> 18 wherever found within the City limits; and/or <br /> 19 b. The City or its assignee may bring a civil action requiring <br /> the registered owner to pay a civil penalty as set forth <br /> 20 above. <br /> 21 Provided, however, that if the City or its assignee shall pursue <br /> collection by judicial action as well as impoundment and sale of the <br /> 22 vehicle, the City shall retain only so much of the proceeds of the <br /> judicial action and sale proceeds as equals the total sum of all civil <br /> 23 penalties, plus the cost of any other outstanding parking citations <br /> and legal fees. <br /> 24 <br /> Notwithstanding any provision of this section, the owner of record, <br /> 25 as well as the City, shall have access to the judicial system as <br /> provided by law in order to appeal the findings of fact and/or <br /> 26 conclusions of law of the Hearing Examiner if such appeal is filed <br /> before the expiration of thirty (30) days from the date of hearing. <br /> 27 <br /> 28 ATT T: MAYOR <br /> 2994.01 <br /> 30 CITY CLERK <br /> 31 Passed: /o -6 -P <br /> 32 Valid: /o-- F- 1 .Z <br /> Published: /d -//- Z <br /> -3- <br />