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liability, and the exhaustion of, or failure to, exhaust any administrative
reviewprocedures provided by this section. Where a person fails to
appear at a hearing to contest the alleged violation in the time andmanner
specified in a priormailed notice, the hearingofficer’s determination of
violation liability shall become final:
a.
Upon denial of a timelypetition to set aside that determination;
or
b.
Upon expiration of the period for filing the petitionwithout a
filinghavingbeenmade.
(J)
Petition to set aside a determination of liability filed by a person owingunpaid
fine or penalty.
1.
The petition shall be filedwith and ruled upon by the traffic compliance
administratorwith a petition stating the applicable grounds for the setting
aside of the final determination is filedwith the traffic compliance
administratorwithin fifteen (15) days of the date of the notice of final
determination. The grounds for the petition shall be limited to:
a.
The person not havingbeen the owner or lessee of the cited
vehicle in question; or
b.
The person having alreadypaid the fine or penalty for the
violation in question; or
c.
Excusable failure to appear at or request a new date for a hearing.
2.
If the determination of parking, standing, or compliance violation liability
has been set aside upon a showingof just cause, the registered owner shall
be providedwith a hearingon themerits for that violation.
(K)
Procedures for nonresidents.
1.
A nonresident of the citymay contest themerits of the alleged violation
without attending the scheduled hearingby serving the traffic compliance
administratorwith awritten answer to the alleged violation stating all
grounds uponwhich the nonresident claims to be not liable for the alleged
violationwhich the hearingofficer shall consider alongwith all the other
evidence at the hearing.
