§ 106-29. Procedure for payment of civil penalties; court appearances.  


Latest version.
  • (a)

    Any person issued a county parking citation pursuant to this article shall answer the citation by either of the following procedures within thirty (30) calendar days after the date of issuance of the citation:

    (1)

    Payment of the penalty indicated on the citation may be remitted to the clerk of the circuit court in accordance with the directions on such citation; or

    (2)

    A hearing may be requested by the person receiving such citation or the cited vehicle's registered owner for the purpose of presenting evidence before a designated hearing official concerning the parking violation. Any person requesting a hearing shall execute a statement on a form provided by the clerk indicating his willingness to appear at such hearing at a time and place specified. Any person who requests a hearing and does not appear in accordance with the statement shall be sent notice by the clerk to pay within ten (10) days the doubled fine plus five dollars ($5.00) for the cost of mailing such notice.

    (b)

    Pursuant to F.S. § 316.1967(3), an election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation, and the hearing official, after the hearing and upon making a determination that a parking violation has been committed, may impose a fine, plus court costs for each parking violation.

    (c)

    Upon receipt of a completed parking citation submitted by a deputy sheriff or parking enforcement specialist pursuant to this article and if there has been no response to the citation pursuant to subsection (a) of this section, the clerk shall notify the registered owner of the vehicle of the citation's issuance. Such notice shall be sent by certified mail and shall inform the registered owner concerning the nature and location of the parking violation and shall require payment of the prescribed fine or that a hearing is requested within ten days after receipt of such notice. If the notice is returned because the person to whom it was addressed refused to accept the notice, the notice is considered served. Any person upon which service is obtained pursuant to this section who does not request a hearing or pay the prescribed fine as directed by the certified notice shall be subject to the penalties for outstanding parking tickets described in 106-28(d), above.

    (d)

    Pursuant to F.S. § 316.1967, a designated hearing official, after the requested hearing, shall make a determination as to whether a parking violation has been committed and may impose a fine in accordance with section 106-28, plus court costs. A person fined, upon sufficient showing of financial inability to pay the fine, may request and be granted an extended period of up to ninety (90) days to pay the fine.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)