§ 106-48. Procedures governing payment of civil penalties; proceedings to enforce payment for county parking violations.

(a)

Any person issued a county parking citation pursuant to section 106-47 shall answer the citation by either of the following procedures within ten days after the date of issuance of the citation:

(1)

Payment of the penalty indicated on the citation may be remitted to the clerk, pursuant to the directions on such citation.

(2)

A hearing may be requested by the person receiving such citation or the cited vehicle's registered owner for the purpose of presenting evidence before a traffic hearing officer or a county court judge concerning a parking violation. Any person requesting a hearing shall execute a statement on a form prepared by the clerk indicating his or her willingness to appear at such hearing at a time and place specified thereon.

(b)

Pursuant to the provisions of F.S. §§ 316.1967(4) and 318.325, an election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a traffic hearing officer or a county court judge after said hearing may impose a fine not to exceed $100.00, plus court costs for each parking violation.

(c)

Upon receipt of a completed parking citation submitted by a deputy sheriff or parking enforcement specialist pursuant to section 106-47, the clerk shall notify the registered owner first listed on such citation of its issuance if there has been no response to the citation pursuant to subsection (a) of this section. Such notice shall be sent by regular mail and shall inform the registered owner concerning the nature and location of the parking violation and direct compliance with either of the alternatives specified in subsection (a) of this section within 14 days after the date the notice is mailed according to the records maintained by the clerk.

(d)

If payment of the civil penalty is not received or if a hearing is not requested within the 14-day period after the notice described in subsection (c) of this section is mailed and such notice is not returned as undeliverable by the U.S. Postal Service, the clerk shall send a similar notice to said owner by certified mail requesting compliance with either of the alternatives specified in subsection (a) of this section within 14 days after the date the notice is mailed, according to the records maintained by the clerk. The notice shall also contain a statement informing the registered owner of the increased penalty required pursuant to section 106-46(c).

(e)

If the clerk receives proof of delivery of the notice mailed by certified mail, pursuant to subsection (c) of this section, and payment of the penalty is not received or a hearing requested within the 14-day period specified therein, the clerk shall cause the registered owner first listed on the parking citation to be served in accordance with the Florida Rules of Civil Procedure with a court order requiring payment or attendance at a hearing at a time and place specified in such order. Pursuant to the provisions of F.S. §§ 316.1967(4) and 318.325, a traffic hearing officer or a county court judge after the hearing shall make a determination as to whether a parking violation has been committed and may impose a fine not to exceed $100.00, plus court costs.

(Code 1979, § 20-66; Ord. No. 95-12, § 3, 3-7-95)