Skip to main content
Loading…
This section is included in your selections.

(a) A person on whom a parking or violation notice has been served shall within five work days from the date of the notice:

(1) Pay the indicated fine; or

(2) Submit the written materials to obtain an adjudication by mail; or

(3) Request an administrative hearing as enumerated herein to contest the charged violation.

A response by mail shall be deemed timely if postmarked within five work days of the issuance of the notice of the violation. A timely request for a hearing or adjudication by mail shall toll the running of work days for purposes of the fine schedule.

(b) If the respondent submits documentary evidence to obtain an adjudication by mail, the City Traffic Compliance Administrator shall send the respondent a copy of the Hearing Officer’s determination in accordance with subsection (e) of this section.

(c) If the respondent requests an administrative hearing to contest the cited violation, the City Traffic Compliance Administrator shall notify the respondent in writing of the location and time available for a hearing in accordance with subsection (e) of this section.

Where a respondent who has requested an administrative hearing either fails to pay the indicated fine prior to the hearing or fails to appear at the hearing, a determination of parking violation liability shall be entered in the amount of the fine indicated on the fine schedule. Upon the occurrence of a final determination of liability, any unpaid fine or penalty will constitute a debt due and owing the City. The City Traffic Compliance Administrator will cause a notice of hearing providing this information to be sent to the respondent in accordance with subsection (e) of this section.

(d) If no response is made in accordance with subsection (a) of this section, the City Traffic Compliance Administrator shall cause a second notice of violation to be sent to the respondent in accordance with subsection (e) of this section. The notice shall specify the date and location of the violation, the make and state registration number of the cited vehicle, the code provision violated, the applicable fine, and the time and manner in which the respondent may obtain an adjudication by mail or request a hearing to contest the violation. If the respondent requests an administrative hearing to contest the cited violation, the City Traffic Compliance Administrator will cause a notice of hearing to be sent to the respondent as provided in subsection (c) of this section.

If the respondent fails to pay the indicated fine, submit documentary evidence to obtain an adjudication by mail, or request a hearing to contest the charged violation within 10 work days from the date of the second notice, final determination of liability shall be entered in the amount in accordance with the fine schedule. Final determination of liability, for the purposes of subsection (d) of this section, shall be entered automatically and shall not require additional written notice. Failure to pay the fine within 10 work days of issuance of the determination of liability will result in the imposition of enhanced penalty in accordance with the provisions of the fine schedule. Enhanced penalties will continue to accrue for unpaid fines in accordance with the provisions of the fine schedule. Upon the occurrence of a final determination of liability, any unpaid fine or penalty will constitute a debt due and owing the City. The second notice of violation shall provide the above information.

(e) The City Traffic Compliance Administrator shall serve the notice of hearing, the second notice of violation, the Hearing Officer’s determination, and the notice of final determination of liability, when required, by first class mail, postage prepaid, to the address of the registered owner of the vehicle as registered with the Division of Motor Vehicles, Department of Revenue, State of Kansas, or by hand delivery. If the vehicle is registered in a state other than Kansas, the City Traffic Compliance Administrator shall send the appropriate notice to the address of the registered owner as recorded in such other state’s registry of motor vehicles. (Ord. 17636 § 5, 1-9-01. Code 1995 § 142-520.)