City of Alexandria, Virginia
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MEMORANDUM
DATE: JUNE 7, 2017
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: MARK B. JINKS, CITY MANAGER /s/
DOCKET TITLE:
TITLE
Public Hearing, Second Reading and Final Passage of an Ordinance to Amend Section 3-2-353 (Contested Parking Citations) of the Code of the City of Alexandria, Virginia. [ROLL-CALL VOTE]
BODY
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ISSUE: Consideration of an ordinance to:
• Amend and reordain City Code Section 3-2-353 to clarify the language regarding how a parking citation can be contested and change the deadline for contesting a citation
RECOMMENDATION: That City Council pass the proposed ordinance (Attachment 2) on June 24, 2017.
DISCUSSION: Currently, City Code Section 3-2-353 does not recognize the option of contesting a parking citation by contacting the Parking Adjudication Office. As currently written, the City Code only recognizes the ability to appeal a citation to the Alexandria General District Court. The FY 2017 adopted budgeted included funds to reinstate the Parking Adjudication Office. The modifications being proposed to City Code Section 3-2-353 will codify this decision. Staff expects this reinstated office to be staffed and operational beginning on July 1, 2017.
If amended, City Code Section 3-2-353 would reflect the availability of the administrative appeal process and would modify the deadline for contesting citation from the current 3 year period to 10 days. The three year period is consistent with the allowance to appeal taxes to the Alexandria General District Court. The proposed 10 day appeal period is consistent with the previous guidelines for the Parking Adjudication Office. If the citation is upheld there will be a $10 charge added to the citation. There is no fee if the ticket is waived based on the evidence provided. If the citation is upheld the individual will still have the option to schedule a hearing with the General District Court.
One of the areas of concern that has been expressed by potential contestants is the limitation that a ticket can only be contested by the owner of the vehicle. This is currently a stipulation in the City Code. Staff recommends that the City Code be amended to permit the operator of a vehicle, who may not be the owner, to contest the ticket in situations including, but not limited to, elderly or disabled vehicle owners, out of town visitors, or operators of rental cars.
FISCAL IMPACT: The fiscal impact has already been realized. The FY 2017 Approved budget included funds in Contingent Reserves to reinstate the Parking Adjudication Office and funding has also been included in the FY 2018 Approved Budget. The proposed structure will enable the City to provide a Parking Adjudication Office using existing facilities in City Hall. The adjudicator will be handling most of the hearings via electronic means in an existing office within the City Attorney’s Office. Individuals wishing to meet in person will be able to request a face to face meeting. Staff will evaluate the feasibility of using existing space after a year. If adjudication traffic becomes too significant to be handled within existing space, it will be necessary to identify and buildout dedicate space for the Parking Adjudication Office.
ATTACHMENTS:
Attachment 1 - Proposed Ordinance Cover
Attachment 2 - Proposed Ordiannce
STAFF:
Kendel Taylor, Director of Finance
Christina Zechman-Brown, Assistant City Attorney
Jerry Newcomb, Lieutenant, Police Department
Katye North, Principal Planner, Transportation and Environmental Services