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(1) The City Manager shall designate such parking coordinators as are deemed necessary to consider matters relating to stopping or parking violations.

(2) Any person who has received a Notice of Violation on their vehicle, by mail, or in person has 10 calendar days to appeal the Notice of Violation by submitting a written statement to a parking coordinator. Failure to appeal a Notice of Violation within 10 days will result in the Notice of Violation being upheld.

a. All appeals must be in writing and submitted by the person named in the Notice of Violation.

b. The burden to prove any defenses shall be on the person raising the defense. Appeals should include all evidence or testimony that would support the appeal of the Notice of Violation. Only evidence submitted with the appeal may be considered by a parking coordinator.

c. If a parking coordinator finds, by a preponderance of the evidence, that a violation did not occur or that a valid defense exists, the Notice of Violation shall be dismissed.

d. The decision of a parking coordinator will be the final order.

(3) Defenses available under this Subsection are:

a. At the time of the observed violation, possession of the subject vehicle had been acquired, by someone other than the registered owner, in violation of the criminal laws of the state;

b. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property;

c. The motor vehicle did have owner’s or operator’s security in accordance with state law at the time the Notice of Violation was issued.

Such defenses are:

d. At the time of receipt of the Notice of Violation, possession of the subject vehicle had been acquired pursuant to a written lease agreement, or other similar written agreement;

e. The subject vehicle was mechanically incapable of being moved from such location; provided, however, that this defense shall not apply to any vehicle which remains at such location in excess of six hours;

f. Any markings, signs, or other indicia of parking regulation were not clearly visible or comprehensible; provided, however, that this defense shall not apply where the marking or sign is shown to be properly installed and visible on the date of the violation;

g. The subject vehicle was properly registered at the time of the Notice of Violation but lacked the proper indicia of registration;

h. Such other mitigating circumstances as may be approved by the City Manager.

(4) If a parking coordinator finds that a violation occurred, but that one or more of the defenses set forth in this Subsection are applicable, a parking coordinator may dismiss the citation, or reduce the penalty.

(Ord. No. 03-35 Enacted 05/06/2003; Ord. No. 11-29 Amended 12/13/2011; Ord. No. 19-20 Amended 08/13/2019)