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s. - ' <br /> 1 Section 16: Parking Violations Constituting a Public Nuisance - <br /> Abatement <br /> 2 <br /> The City Council finds and declares that any vehicle repeatedly parked in <br /> 3 parking spaces beyond the time established in the parking zone, or the <br /> time authorized by the use of parking meters, obstructs the freedom to <br /> 4 use such parking spaces by the general public for such limited parking <br /> purpose and thus constitutes a public nuisance. Such nuisance shall be <br /> 5 abated as follows: <br /> 6 1. Parking fines shall be levied as provided elsewhere in this municipal <br /> code. <br /> 7 <br /> 2. The owner of record of any vehicle that has been cited for three or <br /> 8 more violations of the parking offenses specified herein in any one <br /> calendar month and/or ten or more violations of the parking <br /> 9 offenses specified herein in any twelve-month period, and said <br /> overtime parking citations have gone unpaid, shall be summoned to <br /> 10 appear before a hearing examiner for an abatement determination: <br /> 11 a. The offense of overtime parking beyond the time established <br /> by either a sign designating the time limit or by a parking <br /> 12 meter; and/ or <br /> 13 b. The offense of depositing or causing to be deposited in any <br /> parking meter a coin or coins for the purpose of increasing <br /> 14 or extending the parking time of any vehicle beyond the <br /> legal parking time which has been established; and/or <br /> 15 <br /> c. The offense of parking in restricted or prohibited areas of <br /> 16 alleys unless such parking is otherwise authorized pursuant <br /> to an alley service parking permit. <br /> 17 3. The hearings examiner shall make findings that: <br /> 18 a. The individual summoned is the owner or owners of record of <br /> 19 the vehicle; <br /> 20 b. The parking violations fulfill the necessary number within <br /> the appropriate time period; <br /> 21 c. The parking violations occurred within the City; <br /> 22 d. There are no defenses nor extenuating and mitigating <br /> 23 factors justifying a finding that the vehicle is not a public <br /> nuisance. <br /> 24 4. If the hearings examiner makes a finding that the vehicle is a <br /> 25 public nuisance, as defined herein, he shall require the registered <br /> owner thereof to pay a civil penalty of twenty dollars per violation. <br /> 26 If the registered owner fails to pay said fine (within a period of <br /> three calendar days), the vehicle shall be deemed forfeited to the <br /> 27 City and shall be removed to a specified City impoundment <br /> location by towing or other method by the City or its delegate from <br /> 28 wherever found within the City limits; provided that not- <br /> withstanding any provision of this section, the owner of record shall <br /> 29 have access to the judicial system as provided by law in order to <br /> appeal the findings of fact or conclusions of law of the hearings <br /> 30 examiner if such appeal is prosecuted before the expiration of <br /> fifteen days from the date of hearing. <br /> 31 <br /> 32 <br />