HomeMy WebLinkAboutORD2023-021 Establish Paid Parking Procedures 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:
1. A brief description of the violation:
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CITY OF SEWARD, ALASKA
ORDINANCE 2023-021
Page 2 of 4
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.
fie) 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.
(f) 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.
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
CITY OF SEWARD, ALASKA
L. ORDINANCE 2023-021
Page 3 of 4
(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
r rules and procedures as the hearing officer may establish, except that:
Irr (1) Parties may appear in person, through counsel or telephonically
f2) 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.
(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.lithe 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.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-021
Page 4 of 4
(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
SmAir
Sue McClure, Mayor
AYES: Crites, Calhoon, Osenga, Wells, Barnwell, McClure
NOES: Finch
ABSENT: None
ABSTAIN: None
ATTEST:
Kris Peck
City Clerk
(city seal) •%SS SEh".
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City Council Agenda Statement
Meeting Date: November 27, 2023
To: City Council
Through: Kat Sorensen, City Manager
From: Melanie Hauze, Parks and Recreation Director
Agenda Item: Ordinance 2023-021: 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
Background and justification:
Parks and Recreation is tasked with managing the public parking lots in the Harbor, including the
North, South, Northeast, South Launch, Uplands and Center lots. Parks and Recreation currently
uses T2 pay stations in our lots for people to purchase passes each day.
Enforcement ability for enforcing the parking rules and regulations are in need of updating.
Currently, we have no way to track citations or pursue non-payment. It is also difficult to track all
of the vehicles in our lots and ensure they are in compliance. This can lead to misunderstandings
and frustrations.
The Parks and Recreation department is requesting to enter into a contract with Upsafety to
provide necessary equipment to enforce parking regulations in the Harbor. Upsafety connects with
our T2 pay stations, and allows employees to scan license plates and determine if a car has paid to
park in any of our lots. This streamlines the enforcement ability of our employees.
Upsafety also allows Parks and Recreation to"Electronically Chalk"Vehicle tires, reducing the need
to touch any vehicles in the lots. Upsafety citations have time and GPS stamped photos of citations,
ensuring citations are written to the right vehicle and owner.
Upsafety has a collections service offered to clients. Upsafety is a certified debt collection agency.
This allows the City to ensure payment is made on citations issued.
This Ordinance makes the required code revisions to implement the Upsafety Software for
enforcement and fines.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.4.1 Support enforcement/compliance of legal parking, storage and use of the
public right of way. Enforce parking consistently in the harbor area.
Strategic Plan:
Other:
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Certification of Funds
Total amount of funds listed in this legislation: $ 0
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
x Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
x Not applicable
Fund Balance Information
Affected Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking F1 Wat R Healthcare
Motor Pool Other
Note:amounts are unaudited
Fund Balance/Net position — restricted $ n/a
Fund Balance/Net position — unrestricted/unassigned $ n/a
Available Unrestricted Cash Balance: $
Finance Director Signature:
Attorney Review
x Yes Attorney _
Signature:
Not Comments:
applicable
Administration Recommendation
x Approve Res.
Other:
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