TO: Planning Commission

FROM: Gary Gillette, Planner
Community Development Department

SUBJECT: Downtown Parking Issues

DATE: April 18, 2001

FILE NO: 10530

INTRODUCTION

Parking seems to remain at the top of the list of issues when discussing the downtown area. A couple of years ago The Transpo Group, a transportation consultant, performed a parking study for the downtown area and made a number of short, mid, and long term recommendations. Two of the short-term recommendations are; "Establish need and desire for RPZ" (residential parking zones) and "Establish Fee-in-Lieu program…" This memo will discuss these two recommendations.

A list of recommendations from The Transpo Group study is attached for reference. In a future meeting, it is planned to discuss this list with Commission for further direction.

FEE-IN-LIEU

Background
As envisioned by the Commission, the fee in lieu program would be a tool for allowing new development to proceed in the downtown area where on-site parking may not be feasible or desirable. The concept is to allow a fee to be paid to the city for relaxation of the on-site parking requirement in the Land Use Code. The funds collected would be placed in a dedicated account for creating new parking facilities and/or to support alternative transportation options that would help reduce parking demand.

Analysis
From reviewing various fee-in-lieu ordinances from other communities, it appears the language is pretty straight forward. The code would be amended to allow a developer to pay a fee for each required parking space that is not provided on the site of the development or nearby as the code may require.

Probably two of the most important issues raised in previous discussions about a fee-in-lieu program are: 1) What is a fair fee to charge in lieu of providing parking for a new development? and 2) What is the expectation that the fees will actually create new parking or alternative transportation options?

Regarding issue 1): Setting a fair and reasonable fee is an important aspect of the fee-in-lieu program. There are some parameters that may suggest a fee schedule. The first is the actual cost of construction for a parking facility. In the downtown area the lack of land and its high value would tend to eliminate surface parking as an option thus the following estimate was based on the construction of a parking structure. CDD staff worked with CBJ Engineering to derive a cost estimate of $26,000 per parking space. This estimate did not include the cost of land or higher costs due to special construction techniques.

Another parameter for considering a fee-in-lieu rate is the cost new developments are paying to rent spaces off-site at the Rock Dump or Parking Garage. A recent South Franklin Street development was allowed, through the variance process, to provided parking at the Rock Dump served with a shuttle vehicle. The developer indicated that the lease rate was $60 per month per space. This cost does not include the expenses of the shuttle vehicle or operator.

CDD’s policy for leased parking is that the lease be for 30 years which is generally the expected life of a building. At $60 per month for a 30 year period each parking space is costing this particular developer $21,600. Another gauge of the cost of parking is the rate charged by CBJ at the existing parking garage. A monthly permit cost is $52.50 per month for a space. For a thirty year period this amounts to $18,900 per space.

Given the actual cost of construction and the going rate of rental parking it seems a fair fee-in-lieu rate would be in the range of $21,600 to $26,000 per space. This would be based on the number of parking spaces required by the current code. It should be noted that much of the downtown area is within the PD-1 or PD-2 parking districts which reduce the parking requirement. This reduction was established to account for the dense development in downtown and the recapture theory that people may come to work but also shop and eat while in town.

Regarding issue 2): At this time the city does not have a specific project identified for fee-in-lieu funds. However, The Transpo Group’s parking study identified four potential locations for parking facilities. These include the current lot at Egan and Main; the Armory site; the parcel behind the Alaska State Museum; and the Bill Ray Center parking lot. Further, the CBJ has some funds in place for a Transit Center. The concept of the center is that it would contain parking as well as bus transfer space. Fee-in-lieu funds could support development of such a facility.

The Ordinance
Attached is a draft ordinance that would establish a fee-in-lieu program.

RESIDENTIAL PARKING ZONE

Background
Many communities restrict on-street parking in certain residential neighborhoods. Typically these neighborhoods are located on the fringe of high intensity uses such as core downtown districts or near urban universities. The parking zone rules in a particular neighborhood may vary depending on the particular situation that has caused the parking problem. On a recent trip to the APA conference in New Orleans I noticed that parking in neighborhoods adjacent to the French Quarter and French Market were limited to two hours from 7am to 7pm unless one had a neighborhood parking permit. In neighborhoods around Tulane University the restriction is in place 24 hours a day.

Typically a resident of a restricted neighborhood is given the opportunity to purchase a parking permit. This would allow the resident to park in the neighborhood without observing the time limit. Other limits on length of stay would still apply. Currently a vehicle is not allowed to remain in one spot on the street in excess of 120 hours before the vehicle must be moved. This is too discourage storage versus parking.

Santa Barbara, California limits the number of passes to three per dwelling unit in the neighborhood plus one visitor pass. Anchorage limits the passes to one per resident with a registered vehicle. Most seem to have an allowance for a visitor pass. Some even allow a pass for non residents on a limited basis if parking capacity of the neighborhood allows. In the cases mentioned above a pass purchaser must establish residency in the neighborhood and proof of ownership, lease or control over the vehicle being registered.

The establishment of a residential parking zone carries with it some expenses for the city. Signs must be placed to advise the public of the rules, administration of parking pass distribution must be accommodated, and enforcement must be undertaken for the program to be successful. Anchorage charges an annual fee of $10 per residential parking pass and Santa Barbara charges $12 annually. The fees are an attempt to recoup some of the administration and enforcement expenses.

Analysis
The Anchorage code regarding residential parking zones was used by the Law department as a model in developing the draft ordinance. The establishment of a parking zone is provided to the neighborhood through a petition process. Criteria are set which if met would allow the consideration of such a zone. Then the proposal goes through a public notification and hearing process. If approved then it is established and the mechanics are set up to administer it. The parking pass does not guarantee a parking place on the street of the neighborhood but allows parking if a space is available

Kevin Kinney, Executive Director of the Anchorage Parking Authority (APA) made it clear that the key to a working system is strong and regular enforcement. When APA was the enforcement entity they cruised various neighborhoods with parking zones on a regular basis, perhaps as much as a couple of times a day. With this level of monitoring the system worked well. Recently the Municipality of Anchorage transferred the parking enforcement duties to the Anchorage Police Department. Mr. Kinney’s observation is that the Police Department is only able to cruise the neighborhoods about twice a week. There is evidence that this level of enforcement is as successful. People are realizing that monitoring is much less regular and are willing to take the chance to park in the residential parking zones.

Another important aspect to the residential parking zone concept is adequate education so the community knows of the restrictions and where they apply. A number of communities use the Internet to inform the community of parking issues including maps of where parking is allowed and the applicable restrictions. The CBJ web site could be a good medium for dissemination of this type of information.

A policy for fees related to the residential parking zones needs to be established. Fees could range dramatically depending upon the desire of the Assembly in terms of resultant costs of operations. Initially there would be costs associated for installation of signs along the streets where an RPZ was established. Enforcement could be a large cost if it is to be regular and effective. There would be administration costs involved for CBJ personnel to issue parking permits and do the necessary research to determine that an applicant is a resident in the neighborhood.
To date there has been no in-depth analysis of cost, however an earlier estimate projected between $70,000 and $80,000 per year would be needed. That former analysis (performed in 1999) projected there would be about 265 permitees, who might qualify for the program. Using this number the cost of a permit would be $22 to $25 per month. This is assuming the policy would be adopted to recoup all associated costs.

The Ordinance
Attached is a draft of a residential parking zone ordinance.

RECOMMENDATION

Fee-in-Lieu and Residential Parking Zone
It is recommended that the Planning Commission discuss the draft ordinances, give further direction to staff, and consider setting the ordinances for public hearing.


-1- Ord. 2000-53

Presented by: The Manager

Introduced: 1/8/2000

Drafted b y: J.R. Corso

ORDINANCE OF THE CITY AND BOROUGH OF JUNEAU, ALASKA

Serial No. 2000-53b (second staff draft)

An Ordinance Amending the Land Use Code to Establish an In-Lieu Parking Payment District and Procedures to Allow Payment of a Fee in Lieu of Providing Off-Street Parking

BE IT ENACTED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF JUNEAU, ALASKA:

Section 1. Classification. This ordinance is of a general and permanent nature and shall become a part of the City and Borough code.

Section 2. Amendment of Table of Contents. The Table of Contents for Chapter

49.40 is amended at Article II to read:

Article II. Parking and Loading

49.40.200 General applicability.

49.40.210 Minimum space and dimensional standards for parking and off-loading.

49.40.220 Parking area and site circulation review procedures.

49.40.230 Parking and circulation standards.

49.40.240 In-Lieu Parking Payment District

 

-2- Ord. 2000-53

Section 3. New Section. CBJ 49.40 is amended by the addition of a new section

49.40.240 to read:

49.40.240 IN-LIEU PARKING PAYMENT DISTRICT.

(a)Purpose. It is the purpose of this section to establish standards and procedures to allow owners and developers of property within a designated area to pay a fee to the City and Borough in lieu of providing the off-street parking otherwise required by this title.
(b) Map. There is adopted for the purpose of defining the In-Lieu Parking Payment District in the City and Borough of Juneau the In-Lieu Parking Payment District map dated _____, 2001, consisting of sheets __ through ___, as the same may be amended from time to time by the assembly by ordinance.
(c) Property located within a commercial zone and used for commercial purposes and in compliance with all the requirements of this title may participate in the In-Lieu Parking Payment District and may thereby satisfy all or a part of the requirements for parking spaces by the payment to the City and Borough of an in-lieu fee. This section shall not apply to developed property having adequate on-site off-street parking as of January 1, 2001.
(d) Review of In-lieu Parking Applications. Applications to participate in the In-Lieu Parking Payment District established by this section shall be submitted to the Director of Community Development on forms provided by the Department. If the application is part of an existing or proposed minor development, the Director may approve participation upon a finding that the application is complete and participation would meet the requirements set forth in this section. If the application is part of an existing or proposed major development, the Director shall forward it to the Planning Commission upon a finding that the application is complete.
(e) Calculation of Spaces. The number of parking spaces required for a change of a legal use or expansion of an existing building shall be calculated with a credit for the parking spaces serving the building as of the date of this ordinance. Credits shall be calculated as the sum of all parking spaces required for all uses on the property, and not on the basis of individual uses.
(f) Standard of review.

(1) The Planning Commission shall approve an application for participation in the In-Lieu Parking Payment District only upon a determination that:

(A) payment in lieu of parking will not result in numerous or dangerous conflicts between pedestrians and vehicles, and
(B) the loss of parking will be substantially mitigated by identified existing or
planned transportation or parking alternatives funded by the In-Lieu Parking Payment District Fund.

(2) The Commission may restrict participation in the In-Lieu Parking Payment District by requiring a specified amount of on-site parking if the Commission determines that such restriction is necessary to allow the Commission to make the findings set forth in this Section.
(g) In-lieu Fee Amount. Upon approval of the application, the applicant shall pay the fees set forth in this Section.
(1) New construction and reconstruction. For each parking space required due to new construction, the addition of floor area, or reconstruction, the applicant shall pay a $26,000 fee.
(h) Reservation of Funds. Funds collected pursuant to this section shall be deposited by the City and Borough in a special fund entitled "In-Lieu Parking Payment District Fund". The fund shall be used for acquiring, developing, operating, and maintaining off-street parking facilities or for transportation programs or systems which provide an alternative to single-occupant automobiles. Nothing herein shall be deemed to require the City and Borough to undertake any particular program, system, or capital improvement.

-4- Ord. 2000-53

(n) Payment of in-lieu fees. Fees shall be paid as a lump sum prior to issuance of a building permit or as follows:
(1) Four equal installments of 25% of the in-lieu parking fees due shall be paid to the City and Borough within a four-year period. The first installment shall be due prior to the issuance of the certificate of occupancy for the structure or, in the case where such fees are due by virtue of a change or expansion of use which does not require a certificate of occupancy, before a building permit for such change or expansion is issued. The remaining three 25% installments shall be due and payable annually on the anniversary of the first installment. Interest shall not accrue on any unpaid balance of such fees, however, the balance due shall be adjusted annually to account for increases in the Consumer Price Index.

Such adjustment shall not exceed 10%. Delinquent payments shall be subject to interest at the maximum rate allowed by law.
(2) Any portion of the in-lieu parking fees which is not paid prior to the issuance of the certificate of occupancy or the change or expansion of use shall be adequately secured. Such security shall be subject to approval as to form by the City Attorney, and shall be one of the following types of security:
(A) A bond or bonds by one or more duly authorized corporate sureties,
(B) A cash deposit in escrow,
(C) An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or

(D) A note secured by a first deed of trust in real property.
(o) Transferability restrictions. In-lieu parking spaces paid for pursuant to the provisions of this section shall be assigned only to identified property and shall not be assigned or transferred for use on any other property.

-5- Ord. 2000-53

(p) Changes in Parking Requirements. If property satisfying parking requirements through the In-Lieu Parking Payment system is thereafter considered for subdivision or conversion to a new use, and the subdivision or proposed new use requires additional off-street parking spaces, the additional off-street parking spaces shall be provided either as on-site parking spaces, as required by this title, or by the purchase of in-lieu parking spaces in compliance with the requirements of this section. Should the subdivision or use change result in a requirement for fewer parking spaces, no refund or other credit shall be allowed.
(q) Effective date of approval. Any decision regarding an application for participation in the In-Lieu Parking Payment District shall not be effective until such time as the time for filing an appeal regarding that approval has expired or, if an appeal has been filed, the decision shall not become effective until such time that the appeal has been finally determined. In addition, no approval of an application for participation in the In-Lieu Parking Payment District shall be effective until the owner of the subject site has executed a covenant accepting the terms of the approval, in a form approved by the City Attorney, which covenant shall run with the land and be recorded with the Juneau office of the State Recorder.


Section 4. Effective Date. This ordinance shall be effective 30 days after its adoption. Adopted this day of 2000.

____________________________ Sally Smith, Mayor

Attest:

____________________________ Laurie J. Sica, Clerk

 


-1- Neighborhood Parking Staff Draft

Presented by: The Manager

Introduced:

Drafted by: J.R. Corso

ORDINANCE OF THE CITY AND BOROUGH OF JUNEAU, ALASKA

Draft Ordinance: Staff Review Only

An Ordinance Authorizing Neighborhood Parking Plans

BE IT ENACTED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF JUNEAU, ALASKA:

Section 1. Classification. This ordinance is of a general and permanent nature and shall become a part of the city and borough code.

Section 2. Amendment of Section. CBJ 49.40, Access, Parking and Traffic, is amended by the addition of a new Article (IV) to read:

Article IV. Neighborhood Parking Program

49.40.410 Definitions.
49.40.420 Petition for Establishment of neighborhood parking zone
49.40.430 Eligibility for designation of neighborhood parking zone
49.40.440 Approval of proposed neighborhood parking zone; public hearing; ballots and voting.
49.40.450 Enlargement of existing neighborhood parking zone.
49.40.460 Implementation of approved program; issuance of parking permits
49.40.470 Decertification of neighborhood parking zone.
49.40.480 Use of parking permit.
49.40.490 Enforcement of parking restrictions; violations.

-2- Neighborhood Parking Staff Draft

49.40.410 DEFINITIONS. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Neighborhood parking program" means a regulatory program for on-street parking spaces implemented by use of vehicle permits and posted regulations which give preference in a neighborhood parking zone to the parking needs of residents while reasonably accommodating the parking needs of nonresidents.

"Neighborhood parking zone" means an area which has been designated by the parking authority as such for the purpose of establishing on-street parking restrictions in accordance with this chapter.

"Parking Authority" means ____________________________________________ "Resident" means a person who occupies a dwelling or office which is identified by a unique street address and located within a neighborhood parking zone or proposed neighborhood parking zone.

49.40.420 PETITION FOR ESTABLISHMENT OF NEIGHBORHOOD PARKING

ZONE. (a) Where the parking authority has enforcement powers, it shall establish and administer neighborhood parking programs in neighborhood parking zones as provided by this chapter.

(b) Consideration of an area for designation as a neighborhood parking zone may be initiated only by petition of at least 30 percent of the residents within that area. The parking authority shall consider the signature of no more than one resident for each unique street address for the purpose of determining the sufficiency of a petition under this subsection.

(c) The petition shall be in a form prescribed by the parking authority and shall include the following information:

-3- Neighborhood Parking Staff Draft

(1) The legibly printed name of each resident, accompanied by a signature and complete street address;

(2) A statement that all residents who have signed the petition understand that permit fees shall be assessed to meet part or all of the governmental costs associated with a neighborhood parking program in the proposed neighborhood parking zone;

(3) A complete description of the boundaries of the proposed neighborhood parking zone by use of street names; and

(4) A statement that the petitioners have reason to believe that the described area is eligible for designation as a neighborhood parking zone under this chapter.

(d) Any material which the petitioners determine to be relevant to the petition may be submitted as part of the petition.

(e) No signature placed on a petition may be withdrawn.

49.40.430 ELIGIBILITY FOR DESIGNATION OF NEIGHBORHOOD PARKING

ZONE. (a) No later than 60 days following receipt of a complete petition pursuant to section 49.40.420 the parking authority shall determine if the area which is the subject of that petition is eligible for designation as a neighborhood parking zone.

(b) The parking authority shall designate an area as a neighborhood parking zone if:

(1) The area described in the petition is primarily used for neighborhood purposes, and is contiguous, reasonably compact and no smaller than three square city blocks;

(2) An average of not less than 75 percent of the on-street parking spaces within the area described in the petition are occupied by vehicles between 7:00 a.m. and 5:30 p.m. during no fewer than 3 sample periods of five consecutive days each, and

-4- Neighborhood Parking Staff Draft

(4)An average of less than 50 percent of the on-street parking spaces within the area described in the petition are occupied by vehicles registered, leased or otherwise in the lawful possession of residents of the described area between 7:00 a.m. and 5:30 p.m. during no fewer than 3 sample periods of five consecutive days each.

49.40.440 APPROVAL OF PROPOSED NEIGHBORHOOD PARKING ZONE;

PUBLIC HEARING; BALLOTS AND VOTING. (a) Preparation of proposal. If the parking authority determines that an area is eligible for designation as a neighborhood parking zone, the parking authority shall prepare a neighborhood parking proposal for the area described in the petition, including:

  1. The area to be included in the zone;
    (2)The types of parking restrictions to be imposed within the zone; and
    (3)A description of the vehicle permit system and permit fees.

(b)Public hearing. A public hearing shall be held by the parking authority to provide information and to receive public comment about the structure and cost of the neighborhood parking program proposed for the area described in the petition. Reasonable public notice of the hearing shall be given, including notice by mail to every distinct street address within the area described in the petition and to the appropriate community councils.

(c)Ballot Packages. The parking authority shall prepare a final neighborhood parking plan for the proposed neighborhood parking zone and mail one ballot package to each unique street address within the area to be included. Each package shall include.
(1) A sample ballot;
(2) Any approved official explanation of the ballot proposition;
(3) An official ballot;
(4) An envelope in which the ballot must be sealed;

 

-5- Neighborhood Parking Staff Draft

(5) A postage-paid envelope bearing the address to which the ballot is to be sent;
(6) A notice clearly specifying the date upon which the ballot must be received in order to be counted in the tabulation of the election; and
(7) Instructions specifying the manner in which the ballot is to be completed and mailed.
(d) No more than one ballot shall be counted for each distinct street address within the proposed neighborhood parking zone. Only those ballots received by the parking authority within 30 days after mailing by the parking authority shall be counted.
(d) Request for second ballot. A second ballot may be taken for a neighborhood parking zone and neighborhood parking program for that zone if:
(1) More than 50 percent of the timely received ballots approved the neighborhood parking zone and program; and
(2) A written request for a second ballot signed by three residents of the proposed neighborhood parking zone is received by the parking authority within six months after certification of the first ballot results by the parking authority.
(e) Approval. A neighborhood parking zone and neighborhood parking plan for that zone shall be approved for the area described on the ballot only if:
(1) More than 50 percent of the timely received ballots approve the neighborhood parking zone and plan; and
(2)The approving votes constitute no less than 30 percent of the number of ballots issued by the parking authority.

49.40.450 ENLARGEMENT OF EXISTING NEIGHBORHOOD PARKING ZONE.

An existing neighborhood parking zone may be enlarged in accordance with sections

-6- Neighborhood Parking Staff Draft

49.40.420 through 49.40.440 to include an area of any size identified in a petition submitted by the residents of the geographical area to be annexed.

49.40.460IMPLEMENTATION OF APPROVED PROGRAM; ISSUANCE OF PARKING PERMITS (a) An approved parking permit plan shall be implemented after the residents approve establishment of a particular neighborhood parking zone. Implementation shall be complete upon availability of permits for issuance and erection of appropriate street signs and markings as contemplated by the approved neighborhood parking plan.
(b) An approved neighborhood parking permit plan shall provide for issuance of permits to residents pursuant to subsections (c) and (d) of this section and may provide for issuance of permits to nonresidents pursuant to subsection (e) of this section.
(c) Each resident of a neighborhood parking zone may obtain one annual resident parking permit for each vehicle registered in that resident’s name, leased from another person or otherwise lawfully possessed. The permit shall be issued only upon payment of the fee specified in the applicable parking permit plan, proof of residency and proof of permit eligibility of the vehicle for which the permit is sought A resident parking permit issued pursuant to this subsection shall be valid for the calendar year in which it is issued.
(d) A resident of a neighborhood parking zone may obtain a temporary resident
parking permit for a period of time not to exceed 14 consecutive days. The temporary resident parking permit shall be issued only upon payment of the fee specified in the applicable parking permit plan, proof of residency, and submittal of a declaration that the permit shall be used for a vehicle in the lawful possession of a person who is a guest of the resident,
(e) A nonresident may obtain a nonresident parking permit which exempts a vehicle from those neighborhood parking zone restrictions specified in the applicable parking permit

-7- Neighborhood Parking Staff Draft

plan. The nonresident parking permit shall be issued only upon payment of the fee specified in the applicable parking permit plan, proof that the vehicle to which the permit pertains is lawful possessed by the applicant, and proof that the vehicle satisfies the nonresident parking permit requirements specified in the applicable parking permit plan.

(f) All parking permit applications made pursuant to this section shall be made under oath and in a form authorized by the parking authority.

(g) On-street parking restrictions for a neighborhood parking zone shall be stated on posted signs and shall be enforceable against all vehicles other than those which display a valid parking permit issued pursuant to this chapter and providing for exemption from such restrictions.

(h) Each type of permit available for a neighborhood parking zone shall be visually distinct from every other type of permit available for that zone. Permits issued for each neighborhood parking zone shall be visually distinct from permits issued for every other neighborhood parking zone.

(i) Each parking permit issued pursuant to this section shall bear the date of permit expiration, the vehicle license number for which it is issued, and the neighborhood parking zone in which it is valid. A person to whom a permit has been issued shall permanently affix the permit to the vehicle in a location designated by the parking authority.

(j) A neighborhood parking permit issued for one neighborhood parking zone shall not be transferable to any other person, vehicle or neighborhood parking zone.

49.40.470 DECERTIFICATION OF NEIGHBORHOOD PARKING ZONE.

A neighborhood parking zone and neighborhood parking plan shall continue in force until:

(a) A petition signed by no less than 50 percent of the residents within the neighborhood parking zone is submitted requesting termination of the neighborhood parking

-8- Neighborhood Parking Staff Draft

zone plan. For the purpose of determining the sufficiency of a petition under this subsection, the parking authority shall consider the signature of no more than one resident for each unique street address. The petition shall include the legibly printed name, signature and complete street address for each resident who signs it; or

(b) The total number of parking permits issued for the neighborhood parking zone in any year is less than 50 percent of the permits which were issued during the first year in which the neighborhood parking zone was established.

49.40.480USE OF PARKING PERMIT. (a) Every vehicle parked in a neighborhood parking zone and properly displaying a neighborhood parking permit effective in that zone shall be exempt from parking restrictions as specified by the permit. (b) Issuance of a parking permit to any person pursuant to this chapter shall not guarantee or reserve a parking space in the neighborhood parking zone to which the permit applies.

49.40.490 ENFORCEMENT OF PARKING RESTRICTIONS; VIOLATIONS.

(a) Parking restrictions established pursuant to an approved neighborhood parking program shall be posted on signs and subject to enforcement as provided for parking restrictions generally in Title 72 of this code.
(b) It shall be unlawful for any person to knowingly make a false statement in connection with an application for a parking permit pursuant to this chapter.
(c) It shall be unlawful for any person to use or to allow another person to use a parking permit issued pursuant to this char on any vehicle other than the one for which the permit was originally issued.

-9- Neighborhood Parking Staff Draft

(d) Subsections (b) and (c) of this section shall be subject to enforcement by delivery of a notice of violation to the violator by personal delivery, certified mail, return receipt requested, or by affixing such notice to the violating vehicle, if it is unattended. If a violation for which notice is affixed to a vehicle is not resolved in a timely manner as provided in the notice, the parking authority shall cause an additional notice of the violation to be issued and mailed to the registered owner. The presumption of responsibility by a registered owner as stated in CBJ 72.22.055 shall apply to a notice of violation affixed to a vehicle pursuant to this section.

(e) A person who is the subject of a notice of violation issued for a violation of subsection (b) or (c) of this section shall have a right to appeal to the parking authority. To be timely, an appeal under this section shall be filed in writing no later than seven days after the date of the violation to which the appeal pertains or the date of a supplemental notice issued pursuant to subsection (d) of this section. Hearings before the parking authority shall be informal. Relevant evidence must be admitted if it is probative of a material fact in controversy. Irrelevant and unduly repetitious evidence shall be excluded. (f)A person who violates subsection (b) or (c) of this section shall be ineligible for any neighborhood parking zone permit for a period of two years following each such violation.

Section. Effective Date. This ordinance shall be effective thirty days after its adoption.
Adopted this day of 1999.
Dennis Egan, Mayor

-10- Neighborhood Parking Staff Draft

Attest:
Marian J. Miller, Clerk
I:\ORD\BACKUP\Neigborhood Parking\1999-05-28 neighborhood parking plan draft ordinance.wpd