HomeMy WebLinkAboutEx 4 BPC 10 12 2018 Changes Appeal ProcMEMORANDUMDate: October 4,2018To: Bozeman Parking CommissionRe: Changes to Bozeman Municipal Code (Parking)From: Ed Meece, Parking Program ManagerThe Parking Program Manager is working with the Bozeman City Attorney's Office to prepare anordinance for consideration by the Bozeman City Commission that would modiff several of theparking related sections of Bozeman Municipal Code. A bulleted summary list of those changesappears at the end of this memorandum. However, one of the more significant proposed changesto the Bozeman Municipal Code is modification of administrative appeal procedures, specificallythe creation of a Review Board that consists of three (3) Parking Commissioners.This modification of the administrative parking appeal process is necessary to bring existing citypractice in alignment with the municipal code. The process currently followed is administrativelyefficient, but does not follow the municipal code and creates confusion for all parties when citizensappeal to Bozeman Municipal Court; which happens at least twice a month.Prnnnso¡l nhqnoesto AdministrativeAnneql nrncedrrres fParl¡inql:F. Administrative appeal of parking citation. Any person cited for a violation of this article maycontest the determination that a violation occurred by submitting to the city a notice ofadministrative appeal of parking citation. The notice of appeal must contain a written statementdetailing the appellant's argument that the citation was issued in error and may includephotographs, or any other information the appellant wishes to rely upon. The citing employee'ssupervisor ("appellate reviewer") shall review the information submitted and, within 21 days ofsubmittal of the notice of appeal, the city shall inform the appellant via regular mail with deliveryconfirmation requested whether the citation is affirmed, modified, or dismissed. If the citingoffrcer's decision is affrrmed or modified, the petitioner shall have ten business days from the dateof mailing of the decision to pay the penalty. Failure to pay within ten business day period shallresult in the assessment of a $20.00 administrative fee which shall be in addition to the penalty.G. . Rehearine and Judicial Review'f.ienthe penalfes and fees are net paid; the eity shall ferward the netiee ef munieipal infraetiente the munieipal eeurt by serving by eertified mail the munieipal infraetien upen the ewneref the vehiele at the vehiele ewner's lastrknewn address in eemplienee with seetienconsistrnnoth e arrell afe rer¡ie,rr¡erwhose¡lecisinn ic heino rewierve¡l he inchtrlerl1nthe2.
fifteen15and3. The eeurt may eensider the parking eitatien and any ether written repert made underhearinÊ.the¿lofaminos +ha nffinerlcFtoAhv o denisinn rtqwhleqIS^- f^. irtáiniol rcr¡ipr¡¡.o^rriroã Tha rpr¡ipu¡ hnqrrlnfcnrnnefent irmqnf nna6the cit)r.7. The decision ofthe revie\üin acourtIn addition to the changes shown above, other items intended for modihcation/update include:Create a required time period (30 minutes) within which loading/unloading activity mustbe complete - unless otherwise posted.Adjust "48 hour" violations to "72 hour" violations, and provide the ability for ParkingServices Division to tow directly after two consecutive violations within the six dayperiod of time.Clarify that Visitor Permits, within a residential parking permit district, must be usedwithin a one block area of the residence to which the Visitor Permit was issued.aao
. Add the 'Temporary On Street Parking Permit' progrrim to the municipal codeo Adjust department titles, as needed, to clarifu enforcement and administrationresponsibilities within the City of Bozeman.The Parking Program Manager intends to have a full set of the proposed changes to the BozemanMunicipal Code for review at either the November or December 2018 meeting of the BozemanParking Commission.