Ordinance 364-75 - Laserfiche WebLink

B. The City Council hereby finds and declares that any vehicle repeatedly parked in parking spaces beyond the time established in the parking zone, or the time authorized by the use of parking meters, obstructs the freedom to use such parking spaces by the general public for such limited park- ing purpose and thus constitutes a public nuisance. Such nuisance shall be abated as follows : (1) Parking fines shall be levied as provided elsewhere in the Everett Municipal Code; (2) The owner of record of any vehicle that has been cited for three (3) or more violations of the parking offenses specified herein in any one (1) calendar month and/or ten (10) or more violations of the parking offenses specified herein in any twelve (12) month period and said overtime parking citations have gone unpaid, shall be summoned to appear before a hearing examiner for an abatement determin- ation: a. The offense of overtime parking beyond the time established by either a sign designating the time limit or by a parking meter; and/or b. The offense of depositing or causing to be deposited in any parking meter a coin or coins for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time which has been established. c. The offense of parking in restricted or pro- hibited areas of alleys unless such parking is otherwise authorized pursuant to an alley service parking permit. (3) Said hearings examiner shall make findings that: a. The individual summoned is the owner or owners of record of the vehicle; b. The parking violations fulfill the necessary number within the appropriate time period; c. The parking violations occurred within the City of Everett; d. There are no defenses nor extenuating and miti- gating factors justifying a finding that the vehicle is not a public nuisance. (4) If the hearings examiner makes a finding that the vehicle is a public nuisance, as defined herein, then he shall require the registered owner thereof to pay a civil penalty of $20. 00 per violation. If the registered owner fails to pay said fine (within a period of 3 calendar days) , the vehicle shall be deemed forfeited to the City and shall be removed to a specified city impoundment location by towing or other method by the City or its delegate from wherever found within the City limits; provided that notwithstanding any provision of this ordi- nance the owner of record shall have access to the judi- cial system as provided by law in order to appeal the findings of fact or conclusions of law of the hearings examiner if such appeal is prosecuted before the expir- ation of 15 days from date of hearing.