3.09.050 Remedies/Penalties/Appeals.
(1) Upon failure of any individual to comply with parking regulations established pursuant to this chapter, the executive may, take action to:
(a) Revoke the individual’s permission to use and occupy any county parking facility for the purpose of parking a vehicle. Under such circumstance the executive shall refund any unused portions of a parking fee or stall rent paid;
(b) Have the individual’s vehicle removed from the premises and stored at a towing lot. The county shall not be liable for the cost of the towing and storage or the acts of the towing operator;
(c) As an alternative to having the vehicle removed from the premises the executive may affix restraints to prevent the moving of the vehicle until the individual returns to the parking facility. Charges for the removal of such restraints are hereby set at $20 per removal;
(d) Issue a fine not to exceed $20 per violation.
(2) Any person who parks or leaves a vehicle in any county parking facility in an area other than that posted or otherwise designated for his/her use, or for a period in excess of that posted or provided in this chapter, or after his/her permission to use the facility or any part thereof has been revoked shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $100.00. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, and any such person shall be punished accordingly.
(3) Any person who fails or refuses to pay the charges or penalties authorized by 3.09.050(1) shall be subject to civil suit in a court of competent jurisdiction for their collection and in addition thereto for reasonable attorney fees and costs of court. The charges, penalties, attorney fees and costs shall be collectable by the same means as any other civil judgment.
(4) Any person against whom fees, charges, or other sanctions are imposed as authorized by SCC 3.09.050(1) may appeal to the county executive. The sole basis for the appeal shall be that the person did not in fact commit the violation. All such appeals shall be in writing and received by the executive within 10 calendar days of the imposition of the fee, charge, or other sanction appealed. The executive may require that a prescribed form be used for all appeals. The appeal shall be heard within 30 calendar days by the executive or his or her designee (hearings officer). Once an appeal has been received the hearings officer may:
(a) Agree with the appeal based on the written material presented by the appellant; or
(b) Schedule a hearing on the matter and mail the appellant written notice of the hearing by first class mail to the address provided by the appellant on the written appeal at least 5 calendar days prior to the scheduled hearing date.
(5) At any hearing as authorized in SCC 3.09.050(4)(a) the following procedures shall apply:
(a) The burden of proof shall rest with the county to prove the alleged failure to comply with parking regulations by a preponderance of the evidence;
(b) Both parties shall have an opportunity to present evidence and witnesses;
(c) The hearings officer shall have the power to ask both parties questions;
(d) The decision of the hearings officer shall be final. (Added by Ord. 97-101 § 7, Dec. 17, 1997, Eff date Dec. 29, 1997).