HomeMy WebLinkAboutResolution 4232-08-2013 A Resolution
NO. 4232-08-2013
AUTHORIZING THE HEARING OFFICER IN THE PARKING VIOLATIONS BUREAU
TO ADMINISTRATIVELY CLOSE ADJUDICATED PARKING CITATIONS
BASED ON CERTAIN CRITERIA
WHEREAS, Chapter 10 of the Code of the City of Fort Worth provides for the appointment of one or
more hearing officers who serve two-year terms and adjudicate cases involving parking, stopping, or
standing of vehicles; and
WHEREAS, Chapter 10 of the Code of the City of Fort Worth provides that the hearing officer
oversees the Parking Violations Bureau and has original Jurisdiction over cases involving violations of
City ordinances governing the parking, stopping, or standing of vehicles; and
WHEREAS, during the adjudication process for violations of City ordinances governing parking,
stopping, or standing, the Parking Violations Bureau often discovers adjudicated citations it no longer
seeks to pursue; and
WHEREAS, those adjudicated cases remain open and stored on the department's computer system
without the process and criteria in place to close them, resulting in unresolved cases coded for
administrative review; and
WHEREAS, the department believes it is not practical to pursue collection of adjudicated cases under
certain limited circumstances; and
WHEREAS, it is recommended that the City Council authorize the hearing officer in the Parking
Violations Bureau to administratively close adjudicated parking cases that meet the criteria listed herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the City of Fort Worth authorizes the hearing officer in the Parking Violations Bureau to
administratively close adjudicated parking cases meeting the criteria listed below:
• The operator of the vehicle or the registered vehicle owner charged with the violation is now
deceased;
• The operator of the vehicle or the registered vehicle owner charged with the violation has now
filed bankruptcy;
• The parking citation was issued to a stolen vehicle;
• The issued citation lacks essential information that would have been necessary to find the
operator or registered vehicle owner liable had a hearing been timely held; or
RTIVOMU
Resolution No.4232-08-20:13
• The issued citation contains incorrect information that would have prevented the operator or
registered vehicle owner from being found liable had a hearing been timely field.
Adopted this 13`h day of August, 2013.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: on 8/13/2013 - Ordinance No. 20858-08-2013 & Resolution
No. 4232-08-2013:
DATE: Tuesday, August 13, 2013 REFERENCE NO.: **G-17972
LOG NAME: 38PKG ORD 2013
SUBJECT:
Adopt Ordinance Amending Chapter 10, Courts, Article II, Parking Violations Bureau, of the Code of the
City of Fort Worth, Amending Sections 10-17 "Hearing Officer" to add Powers and Duties, 10-18 "Parking
Citations" to Clarify Service of Citation and to Extend the Time to Contest, 10-19 "Presumption of
Ownership" to Establish Exceptions to Vehicle Owner Liability, 10-20 "Hearings" to Provide Contest of
Citation Online and Via Mail, and 10-21, "Appeal" to Clarify the Appeal Process and Increase the Filing
Fee, and Adopt Resolution Authorizing the Hearing Officer to Administratively Close Adjudicated Parking
Citations Based on Certain Criteria (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 10, Courts,
Article ll, Parking Violations Bureau, of the Code of the City of Fort Worth, amending Sections 10-17
"Hearing Officer" to add powers and duties, 10-18 "Parking Citations" to clarify service of citation and to
extend the time to contest, 10-19 "Presumption of Ownership" to establish exceptions to vehicle owner
liability, 10-20 "Hearings" to provide contest of citation online and via mail, and 10-21, "Appeal" to clarify
the appeal process and increase the filing fee.
It is further recommended that the City Council adopt a resolution authorizing the hearing officer to
administratively close adjudicated parking citations based on certain criteria.
DISCUSSION:
Over the past year, the Municipal Court Services Department has reviewed the Parking Bureau's internal
business processes, related ordinances, policies and procedures in order to identify possible amendments
to the current ordinance that will promote greater efficiency and expediency in disposing of parking
citations within the City.
The first purpose of this Mayor and Council Communication (M&C) is to seek City Council approval on the
proposed amendments to the current parking citation adjudication process found in Chapter 10, Article ll,
of the Fort Worth City Code. The following are the proposed changes to Chapter 10, that would improve
the department's ability to adjudicate cases and improve the efficiency of the parking citation adjudication
process:
1. Section 10-17. "Hearing officers." This section would be amended to clarify the powers, duties and
functions of the hearing officer by adding that the hearing officer presides over the parking adjudication
process and has the power to accept pleas.
2. Section 10-18, "Parking citations." Section 10-18 would be amended to increase the time to contest a
parking citation from 14 days to 21 calendar days.
Logname: 38PKG ORD 2013 Page 1 of 3
1 The proposed amendments to Section 1O-1g are designed
to provide exceptions tn the registered vehicle owner's liability. Typically, these exceptions are
circumstances where events occur outside of the vehicle owner's control and should not result in a finding
of liability. For inetonoe, cases vvheno the vehicle was reported sto|en, was ao|6 or where the registered
vehicle owner was deceased et the time the citation was issued.
4. " Currently, the City of Fort Worth (Cih/) does not provide citizens with the
ability to contest citations online nrvia the mail. All citizens seeking ho contest their citations must doso in
person. State law requires that citizens have the right to an instanter hearing, which means a hearing
immediately or without delay. With the amendments to the nndinanoe. GU citizens wishing to contest their
parking citation will still have access toan in-person hearing. However, with new technology available, the
City will now he able to offer more convenient method to contest citations either online or via mail for
those citizens who prefer such options. Other Texas cities making the online process for contesting
citations available are Houston and Austin. Dallas and Austin allow citations iobe contested via mail.
Additionally, the proposed amendments to Section 10-20 would make clear that either the operator of the
vehicle or the registered vehicle owner may contest the parking citation. The operator ofthe vehicle who
is served with the citation at the time of issuance or who later takes responsibility for the citation may
contest the citation. In cases where no one is personally served with the citation, the citation is placed on
the vehicle and itiopresumed the registered vehicle owner was operating the vehicle at the time the
citation was issued.
5. ' The primary amendment tO the appeals process would bg simply raising the
filing fee from $5.OUhn $1O.O0. The goal here iah> be more competitive with filing fees charged by
comparable municipalities across the state. For example, the filing fees for other Texas cities are as
follows: Houston $15.00. Dallas $15.00. and San Antonin $5.00.
The second purpose of this M&C is to seek City Council approval for the attached resolution authorizing
the hearing officer to administratively close certain adjudicated parking citations. Typically when aparking
citation is issued to an operator Orregistered vehicle owner, it is either paid or contested timely. CurrenUy,
a person charged with m parking violation has 14 days (ocontest the charge nr the case will be
adjudicated by default and the person will ba found liable. |n most cases, collection efforts are appropriate
and the department desires to pursue those judgments. However, in some cases it is not appropriate or
practical b} pursue collection efforts, sn the case should beclosed, The following are the limited
circumstances where the hearing officer would be allowed to cease collection efforts and administratively
close adjudicated parking cases that the department no longer seeks to pursue:
• The operator ofthe vehicle or the registered vehicle owner charged with the violation is now
deceased;
• The operator of the vehicle or the registered vehicle owner charged with the violation has now
filed bankruptcy;
• The parking citation was issued to stolen vehicle;
• The issued citation lacks essential information that would have been necessary to find the operator
or registered vehicle owner liable had a hearing been timely held (i.e. date, location); or
• The issued citation contains incorrect information that would have prevented the operator or
regiuteredwahio|envvnerfrornbeinQfVund |iab|ehadahearingbeendrno|yhe|d (i.e. vvrnng0ffanoe.
vehicle).
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that the Municipal Court Services Department is
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
lnguume: 38PKGOR[) 20)3 Page 2of3
TO Fu nd/Accou nt/C enters FROM Fund/Account/Centers
GG01 431982 0381000 $0.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6183)
Originating Department Head: Deidra Emerson (6711)
Additional Information Contact: Dakisha Wesley (6711)
Logname: 38PKG ORD 2013 Page 3 of 3