HomeMy Public PortalAbout2012.014 (01-17-12)RESOLUTION NO. 2012.014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING
A WRITTEN PROCEDURE ALLOWING A PERSON TO REQUEST AN
ADMINISTRATIVE HEARING WITHOUT PAYMENT OF THE PARKING PENALTY
AND TO REQUEST PAYMENT OF PENALTY IN INSTALLMENTS OR
DEFEREMENT UPON PROOF OF INABILITY TO PAY AMOUNT DUE
WHEREAS, on December 21, 1993, the City Council adopted Resolution No.
93 -162 approving written procedures, entitled "AB 408 Administrative Manual" on the
collection of parking penalties and for administrative review of contested parking
citations; and
WHEREAS, on April 2, 1996, the "AB 408 Administrative Manual" was further
amended to comply with AB 1228 which made several changes to the existing law in
the areas of adjudication and payment of parking citations; and
WHEREAS, effective January 1, 2010, California Vehicle Code Section
40215(b) requires an issuing agency to adopt a written procedure to allow a person to
request an administrative hearing without payment of the parking penalty upon
satisfactory proof of an inability to pay the amount due; and
WHEREAS, to better articulate and expand on the references made under the
AB 408 manual regarding a request for a waiver, staff is recommending the following
written procedure similar to the procedure used by the City of Los Angeles and City of
Inglewood.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City Council approves the following written procedures:
"Pursuant to California Vehicle Code Section 40215(b), the City of Lynwood
( "City') allows persons to request an administrative hearing without payment of
the parking penalty upon satisfactory proof of an inability to pay the amount due.
If a person is dissatisfied with the results of the initial review, the person may
request an administrative hearing no later than twenty -one (21) calendar days
following the mailing of the results of the initial review. This request may be made
by telephone, in writing, or in person. The person must include a deposit for the
full amount due. If the person is unable to deposit the full amount due, he or she
must provide satisfactory evidence of his or her inability to pay the amount due.
He or she must complete an 'Administrative Hearing Payment Waiver Request"
form with all supporting documents to establish whether he or she qualifies as a
very low income household To determine whether one qualifies for this waiver,
City staff shall use income guidelines established by the Department of Housing
and Urban Development.
The City Manager or his designee has the authority to modify the "Administrative
Hearing Payment Waiver Request" form for updates or corrections. The waiver
does not cancel the fine but allows the person to attend a hearing without first
paying the fine as required by state law. If the citation is found valid by the
Hearing Examiner, the person must still pay the fine within 90 days from the date
of the hearing.
The Hearing Examiner may allow payment of the parking penalty in installments
or the City staff may allow for deferred payment or allow for payments in
installments if the person provides evidence satisfactory to the Hearing Examiner
or the City of an inability to pay the parking penalty in full using the same
financial hardship criteria for the "Administrative Hearing Payment Waiver
Request." The payment must be received within 90 days from the date of the
hearing.
Section 2. That the City Manager is authorized to review the written
procedures and amend as necessary to reflect the needs of the day to day operations.
Section 3. This Resolution shall be effective immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 17 day of January, 2012.
Jim Morto Mayor
ATTEST:
Maria Quinonez, City Clerk
Roger - Manager
APPROVED AS TO FORM:
F d G lante, ity Attorney
APPROVED AS TO CONTENT:
Robert S. Torre ssis t City
Manager
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 17 day of January, 2012.
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAWBEAS,
ALATORRE AND MORTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2012.014 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 17 day of January,
2012.
Maria`Quinonez, City Clerk