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HomeMy WebLinkAbout12182023 City Council Laydown - Substitute Ord2023-021 LAYDOWN 12/18/2023 from City Administration. Changes are highlighted in yellow. Sponsored by: Sorensen Introduction Date: November 27, 2023 Public Hearing Date: December 18, 2023 Enactment Date: December 18, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-021 Substitute Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING SEWARD CITY CODE SECTION 11.15.130—PAID PARKING TO ESTABLISH A PROCEDURE FOR ISSUANCE OF CITATIONS IN CITY PARKING LOTS AND METER ZONES TO ESTABLISH A FINE WHEREAS,the City of Seward experiences a large influx of vehicle traffic in the summer due to fishing and tourism; and WHEREAS, the City has designated pay parking lots pursuant to Seward City Code section 11.15.130, which currently include the Center Lot, North Lot, Northeast Lot, South Lot, South Launch Lot, and South Uplands Lot.); and WHEREAS, there is currently not a civil fine amount set by ordinance, nor is there an established procedure for the issuance and appeal of parking citations; and WHEREAS, the City of Seward hopes to achieve greater compliance with its parking regulations and achieve a higher rate of collection on its citations; NOW,THEREFORE,THE CITY OF SEWARD,ALASKA ORDAINS that: Section 1. Seward City Code Section 11.15.130 is hereby amended to read as follows (new language is in bolded italics underlined) 11.15.130—Paid Parking (a) The city manager may establish parking meter zones and provide for the operation of paid parking lots and may collect fees for parking on city-owned property or city rights-of-way consistent with fees set by resolution of the city council. No person may park in such a zone, lot, or right-of-way without payment of the applicable fee. (b) Violations of this section are subject to a civil fine of$25.00 per day (c) A notice of violation under this section may be issued by affixing a notice of violation to the vehicle that is parked in violation. The notice of violation shall include the following: CITY OF SEWARD, ALASKA ORDINANCE 2023-021 1. A brief description of the violation; 2. The registration number and/or other identification of the vehicle, if available; 3. The date and approximate time and place of the violation; 4. The civil fine for the violation; 5. The municipal office or website where the fine must be paid; 6. Statement that unless the fine is paid within 30 days of the date of the notice, or an appeal is filed within 30 days of the date of notice, an additional fee of$25.00 will be added; 7. Statement that a notice of violation may be appealed, and the office, or website where such an appeal must be filed;and 8. Statement that failure to timely appeal will be deemed an admission of the violation and will waive all right to appeal or contest the notice of violation. (d) Timely payment of the civil fine will waive all rights to appeal or contest the notice of violation or civil fine. Failure to timely pay the civil fine, or failure to timely and properly appeal the notice of violation, shall constitute a waiver of all right to appeal the notice of violation, shall be deemed an admission of the violation and shall cause the civil fine and late payment fee to become immediately due and payable. (e) Late Payment Fee. An additional$25.00 late payment fee will be imposed every 30 days, up to a total fine of$100.00 at 90 days late payment. In computing the 30-day period, the period during which a properly filed and timely appeal is pending is not considered. (t) Collection of Fines, Penalties and Costs.An alleged violator of this section who has failed to pay all fines, late payment fees, and costs described in this section shall, upon the expiration of any time for appeal, be indebted to the city in the amount of such fines, late payment fees, and costs. In addition to or in lieu of any other provision for collection of such fines, late payment fees, and costs, the city may collect these amounts as a debt and may use collection services and methods as determined by the city manager. The violator or presumed violator shall pay reasonable collection and legal costs incurred in collection of a fine or penalty. CITY OF SEWARD, ALASKA ORDINANCE 2023-021 Section 2. Chapter 11.15 of the Seward City Code is hereby amended by adding a new section 11.15.132 to read as follows: 11.15.132 -Administrative Appeal (a) Any person to whom a notice of violation of section 11.15.130 has been issued, or any person who is the registered owner of a vehicle to which a notice of violation was affixed, may appeal the notice of violation subject to the requirements of this section. (b) The hearing officer shall be appointed by the manager and shall have jurisdiction over cases arising out of violations of section 11.15.130. (c) An appeal shall be filed within 30 days of receipt of notification of violation. Notification will be deemed given at the time of affixing a citation on a vehicle. An appeal shall be in writing and delivered to the address provided in the notice. Misdelivered appeals may be considered untimely. (d) Unless otherwise agreed by the appellant and the hearing officer, any hearing requested pursuant to this section shall take place no later than 15 days from the date the written notice of appeal is filed with the city. (e) The administrative hearing shall be conducted informally and may be governed by such rules and procedures as the hearing officer may establish, except that: (1) Parties may appear in person, through counsel or telephonically (2) Parties may present witnesses and evidence on their own behalf. (3) Parties or their counsel may cross-examine opposing witnesses. (4) Relevant evidence shall be admitted if it is the sort of evidence reasonable persons would rely upon in the conduct of serious affairs;formal rules of evidence do not apply. (5) Proceedings shall be open to the public. (6) The hearing shall be recorded. CITY OF SEWARD, ALASKA ORDINANCE 2023-021 (7) Unexcused failure of an appellant to appear at a hearing when such hearing has been requested shall waive all right to a hearing and shall render the amount of the fine due and owing. (8) No later than 15 days following the hearing, the hearing officer shall issue a written decision based on findings and conclusions adopted by the hearing officer. If the hearing officer upholds the notice of violation the appellant shall pay the fine, any applicable late fees and costs of collection. (9) The hearing officer's decision may be appealed to the superior court. (f) The city may, in its discretion, and by adoption of a published policy, provide an administrative review process as an informal means of adjudicating notices of violation of section 11.15.130. Implementation of such a policy shall not eliminate the right to a hearing under this section but the City may require an alleged violator to complete the administrative review process prior to requesting a formal appeal. Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 18th day of December, 2023. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (city seal)