Chapter 11.60
PARKING AT BOROUGH FACILITIES, PARKS, AND RECREATIONAL AREAS
Sections:
Article I. General Provisions
11.60.020 Designated parking areas.
Article II. Violations and Penalties
11.60.100 Impoundment for parking violations.
11.60.110 Impoundment notice – Vehicle disposition.
11.60.120 Parking violations – Responsibility and penalty.
11.60.130 Parking violations – Schedule of fines and penalties.
11.60.140 Parking violations hearing officer.
11.60.150 Administrative appeal.
Article I. General Provisions
11.60.010 Definitions.
As used in this chapter, the following words have the following meanings:
“Borough” means the Ketchikan Gateway Borough.
“Borough facility” means any improved borough owned property other than a school facility. This includes, but is not limited to, the White Cliff office building, the Gateway Aquatic Center, borough fire stations, and all designated borough parks and athletic field facilities.
“Facility,” used without qualifiers, means borough facilities and school facilities as defined by this section. “Facility” does not include public roads adjacent to a facility.
“Fire lane” means any area on a facility designated and marked as a fire lane for the purposes of allowing access for fire and EMS vehicles.
“Oversize” means any vehicle in excess of 35 feet in length or eight and one-half feet in width.
“Park” means the stopping or standing of a vehicle which is not occupied by a licensed driver.
“Park or athletic field facility” means any borough designated public parks and athletic fields, including, but not limited to, Weis Field, Dudley Field, Walker Field, Houghtaling Field, Esther Shea Field, Lund Street Park, Alder Park, City Park, Triangle Park and Rotary Beach, excepting those areas described in KGBC 11.50.010(d) (Saxman parks) and 11.50.020(d) (subdivision green strips).
“School facility” means any Ketchikan Gateway Borough School District campuses. This includes Schoenbar Middle School, the Valley Park Campus of Tongass School of Arts and Sciences, the Ketchikan Charter School, Ketchikan High School, Point Higgins Elementary, Fawn Mountain Elementary, Revilla Alternative School, Houghtaling Elementary, and the School District maintenance warehouse.
“Vehicle immobilizer” means a lockable road wheel clamp or similar device, which is designed to immobilize a parked vehicle and prevent its operation until the device is unlocked and removed.
“Vehicle parking space” means a standard marked vehicular parking space, approximately nine (9) feet wide and eighteen (18) feet long, in areas designated by the borough manager or the superintendent of schools. [Ord. No. 1683AS, §1, 9-16-13.]
11.60.020 Designated parking areas.
Parking of motor vehicles shall be allowed in parking areas designated therefor, subject to payment of any applicable fees and charges as follows:
(a) Auto Shop Parking. Public parking, or abandoning vehicles, in the areas on a school facility the superintendent may designate as auto shop parking is not permitted. With the permission of the school principal, persons may, for educational purposes, park or leave vehicles that do not have current registration in such areas as the superintendent may designate.
(b) Bus Loading Zone. No public parking is permitted in areas designated bus loading zones during the posted hours of use.
(c) Employee Parking. Only parking of vehicles used for the transportation of persons who are employed at the facility is allowed in these areas.
(d) Fire Lane. No public parking is allowed in a designated fire lane. They may be used for brief periods of time, not to exceed ten (10) minutes, for attended vehicles for active loading and unloading of passengers.
(e) Loading Zone. No public parking is allowed in a designated loading zone. Loading zones may be used for expeditious unloading and delivery or pickup and loading during the posted hours of use.
(f) No Parking Zone. No parking is permitted at any time in any portion of a facility designated as a no parking zone.
(g) Public Parking. Public parking by facility patrons is allowed in an area designated “Public Parking” on a nonreserved basis.
(h) Snow Removal. Parking of vehicles in snow removal zones during the hours designated for snow removal is prohibited. [Ord. No. 1683AS, §1, 9-16-13.]
11.60.030 Parking prohibited.
(a) No person shall park any motorized or nonmotorized vehicle at a facility in violation of posted time limitations or in violation of other posted restrictions as to purpose or use established as provided in this chapter.
(b) The borough manager may designate and post certain areas and locations for loading, parking, snow removal, fire lanes, storage or other vehicle use at borough facilities by tenants, facilities users, and other persons, may establish time limits and other restrictions relating thereto, and may modify, change, relocate or re-designate such areas or restrictions from time to time as deemed necessary and appropriate. It shall be unlawful for persons to park or cause a vehicle to be parked in violation of posted restrictions.
(c) The superintendent of the Ketchikan Gateway Borough School District may designate and post certain areas and locations at school facilities for loading, parking, snow removal, fire lanes, auto shop, storage or other vehicle use by tenants, school facilities users, and other persons, may establish time limits and other restrictions relating thereto, and may modify, change, relocate or re-designate such areas or restrictions from time to time as deemed necessary and appropriate. It shall be unlawful for persons to park or cause a vehicle to be parked in violation of posted restrictions.
(d) Areas for loading, parking, snow removal, fire lanes and other vehicle use designated as provided in subsections (b) and (c) of this section shall be posted and a diagram depicting such areas entitled “Facility Parking Areas” shall be filed for each facility for which the manager or superintendent establishes such areas, and made available for public inspection and copying, in the office of the borough clerk, 1900 First Avenue, Ketchikan, AK 99901. Temporary modifications may be made and posted to facilitate construction or special events. The borough manager, for a borough facility, and the superintendent, for a school facility, may authorize temporary suspension of parking restrictions in subsections (e)(3) through (e)(6) of this section upon a finding that the temporary deviation from the use limitations is in the public interest.
(e) Specific Parking Prohibitions.
(1) a. No person may park a vehicle within eight (8) feet of a fire hydrant when that hydrant is directly adjacent to the curb; where a fire hydrant is recessed back from the curb, no person may park a vehicle within eight (8) feet of that point on the curb which would be crossed by a perpendicular line from the recessed hydrant to the nearest public street;
b. No public parking is allowed in a designated fire lane. Fire lanes may be utilized for parking only by fire service and EMS vehicles.
(2) A person may not park a motor vehicle or nonmotorized vehicle in a parking place reserved for a person with a disability unless:
a. The person operating the vehicle has a valid special permit issued to that person pursuant to AS 28.10.495;
b. The person operating the vehicle has parked the vehicle for the purpose of transporting a person who has a special permit issued pursuant to AS 28.10.495 and the person who has the special permit actually exits or enters the vehicle;
c. The motor vehicle displays a special license plate issued to a person with a disability pursuant to AS 28.10.181(d) and is operated by or used for the purpose of transporting a person with a disability; or
d. The motor vehicle displays a special license plate or permit issued to persons with disabilities by another state, province, territory, or country and is being operated by or used for the purpose of transporting a person with a disability.
To be valid under this subsection, any such permit or special license plate must be prominently displayed on the vehicle.
For the purposes of this subsection (e)(2) only, the term “park” means the stopping or standing of a vehicle, whether occupied or not, and includes stopping or standing temporarily for the purpose of loading or unloading property or passengers.
(3) It is unlawful for any person to park or cause to be parked any trailer or nonmotorized vehicle in the designated parking areas at a facility where a prohibition of such parking has been posted, unless permission has been granted under subsection (d) of this section.
(4) It is unlawful for any person to park or cause to be parked any motor vehicle in the designated parking areas at a facility for the purpose of overnight sleeping where a prohibition of such parking has been posted, unless permission has been granted under subsection (d) of this section.
(5) It is unlawful for any person to park or cause to be parked any vehicle in the designated parking areas at a facility without current vehicle registration, license plates, and tags displayed, with such exemptions as the superintendent may designate as auto shop parking under subsection (c) of this section.
(6) It is unlawful for any person to park or cause to be parked any motor vehicle in the designated parking areas at a facility for a length of time in excess of the posted time unless permission has been granted under subsection (d) of this section.
(7) Any vehicle containing household garbage, waste and refuse, fast food containers and wrappers, and all materials listed as garbage, household solid waste, litter, or rubbish as defined in KGBC 8.15.070 is prohibited from parking, stopping, or standing such vehicle on a facility unless the material is covered in a manner to prevent it from being blown out. In order to comply with this section, if the material is placed in a bag to prevent it from being blown out, the bag must be secured or covered to prevent access by wildlife.
(f) If a vehicle remains parked at a facility for more than forty-eight (48) hours after placement of a notice of violation for overtime parking under subsection (b) or (e)(6) of this section it may be impounded as an abandoned vehicle under Chapter 8.20 KGBC, or impounded for the parking violation as provided in KGBC 11.60.100(a). [Ord. No. 1683AS, §1, 9-16-13.]
11.60.040 Immobilization.
(a) Authorization to Tow or Use Vehicle Immobilizer. In addition to, or as an alternative to, impoundment under KGBC 11.60.100 the borough manager or designee is authorized to use a vehicle immobilizer “boot” to immobilize any vehicle that is parked in a facility parking space that either:
(1) Is subject to impoundment under KGBC 11.60.100(a); or
(2) Has more than two (2) outstanding unpaid parking tickets.
(b) Procedure for Vehicle Immobilization. If the borough manager or designee chooses to immobilize a vehicle with a boot as allowed by subsection (a)(2) of this section, then the borough manager or designee shall conspicuously affix to such vehicle a notice in writing notifying the owner, driver or person in charge of such vehicle that such vehicle has more than two (2) unresolved parking tickets and will be immobilized in forty-eight (48) hours. If the immobilization is pursuant to subsection (a)(1) of this section no advance notice is necessary. Upon immobilization the borough manager or designee shall conspicuously affix to such vehicle a notice in writing notifying the owner, driver or person in charge of such vehicle: that such vehicle has been immobilized by the borough management for violation of one (1) or more provisions of this chapter; that release from such immobilization may be obtained at a designated place; and that removing or attempting to remove the immobilization device from the vehicle, or removing or attempting to move the vehicle from the place at which the immobilization device was affixed to the vehicle before a release is obtained, is unlawful. Such notice shall also contain the information required to be contained in a notice of impoundment under KGBC 11.60.110.
(c) Penalties. It shall be a separate violation punishable by a fine of one hundred dollars ($100.00) plus restitution for any person to remove or attempt to remove any immobilization device or to move any immobilized vehicle from the place at which the immobilization device was affixed to the vehicle before a release is obtained from the borough manager or designee. An immobilized vehicle shall not be released by the borough manager until a fee of one hundred dollars ($100.00) for the immobilization is paid, together with payment of all outstanding parking fines, or posting of bond as allowed by subsection (d)(2) of this section.
If the vehicle has remained immobilized for a period of forty-eight (48) hours and a release has not been obtained, then the borough manager or designee may have the vehicle impounded and towed as provided in KGBC 11.60.100.
(d) Release to the Owner or Authorized Agent.
(1) No immobilized vehicle shall be released without satisfactory proof of ownership or authorization to operate the vehicle.
(2) The owner, or the authorized agent of the owner, of an immobilized or towed vehicle may secure its release by paying all outstanding costs and penalties or by posting the amount of the immobilization and towing costs and the amount of the penalty due on any appealable parking violations and timely appealing those parking violations as provided in KGBC 11.60.150.
(e) Hearing for Vehicle Immobilization. The owner, authorized agent of the owner, or operator of a vehicle which has been immobilized is entitled to have a speedy hearing before the borough manager or designee to determine if the vehicle was immobilized in compliance with this section. Said hearing must be requested and held in the manner provided for impoundment hearings under KGBC 11.60.110. For purposes of KGBC 11.60.110, an immobilization shall be treated the same as an impoundment. [Ord. No. 1683AS, §1, 9-16-13.]
Article II. Violations and Penalties
11.60.100 Impoundment for parking violations.
(a) Motor vehicles parked in violation of this chapter may, at the option of the borough, be impounded and removed by the borough to a garage or other storage location.
(b) Unless the impoundment is found improper under KGBC 11.60.110, impounded vehicles shall be released back to the owner or other authorized person only after fees, costs, and charges for towing, storage, notice, and other costs of impoundment have been paid to the borough manager or the designee, and a receipt issued therefor. In the event towing and storage services are provided by contract with the borough the vehicle shall be released upon the direction of the borough manager after payment of all of such fees, costs and charges that are due. [Ord. No. 1683AS, §1, 9-16-13.]
11.60.110 Impoundment notice – Vehicle disposition.
(a) Not later than twenty-four (24) hours, excluding Saturdays, Sundays and borough and federal holidays, after a vehicle and its contents have been impounded by the borough, the borough manager shall cause notice to be given to the owner of record of such vehicle as indicated in the motor vehicle records of the Alaska Department of Public Safety. Notice shall also be given to any lienholder of record as indicated on the motor vehicle records of the Alaska Department of Public Safety and any other persons known to be lawfully entitled to possession of the vehicle. The notice shall describe the vehicle and its contents, give the date the vehicle was impounded, state the grounds for impoundment, the location of the place of impoundment, and state that unless the vehicle is redeemed within thirty (30) days after the date of the notice, title to the vehicle and its contents shall vest in the borough and the vehicle and its contents will be sold or otherwise disposed of as provided by law. The notice shall also state that if a written request for a hearing is filed with the borough manager within ten (10) days after completion of service of the notice, a hearing will be conducted within twenty-four (24) hours, excluding Saturdays, Sundays and borough holidays, to review the impoundment of the vehicle unless the right to hearing within such twenty-four (24) hour time period is waived. The right to any hearing shall be deemed waived if not timely requested as provided in this subsection.
(b) The notice referred to in subsection (a) of this section shall be given either by personal delivery to the person to be notified or by registered or certified mail, return receipt requested, addressed to the person at his address as shown on the motor vehicle records of the Alaska Department of Public Safety. Notice by personal delivery shall be complete upon delivery and notice by mail shall be deemed complete upon the return of the receipt or upon return of the notice as undeliverable, refused or unclaimed. Proof of the giving of notice in either manner may be made by affidavit of the person giving notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place and manner of giving notice.
(c) Any hearing under this section shall be conducted in the manner provided by AS 28.05.131 and 28.05.141, except that all references to “the department” shall be deemed to refer to the borough manager and all references to “the commissioner or other officers of the department” shall be deemed to refer to the borough manager or the borough manager’s designee.
(d) If the hearing officer finds that the person ordering the impoundment has not shown that the impoundment was proper, the vehicle shall be released to the registered owner and no charges shall be imposed for any towing, notice, storage charges, or other costs of impoundment accrued prior to the time the hearing officer finds the impoundment improper.
(e) Title to an impounded vehicle and its contents shall vest in the borough thirty (30) days after notice is complete unless a hearing is requested pursuant to subsection (a) of this section and, in such event, title shall vest upon determination that the impoundment was proper.
(f) A person who presents satisfactory proof of ownership or right to possession may redeem an impounded vehicle at any time before sale or other disposition thereof by paying the fees and charges of towing, storage, notice, and any other costs of impoundment or applicable penalties imposed by law. The right of redemption provided for in this subsection is in addition to the right of a person to obtain the release of an impounded vehicle after hearing pursuant to subsection (d) of this section. [Ord. No. 1683AS, §1, 9-16-13.]
11.60.120 Parking violations – Responsibility and penalty.
(a) Violations by Child. It is unlawful for a parent of a child or the guardian of a ward to authorize or knowingly to permit any such child or ward to violate any provisions of this title.
(b) Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or corporation to authorize or knowingly to permit any vehicle registered in his or its name to be driven or to stand or to be parked in violation of any provision of this title.
(c) Penalty for Violation. Any person, firm, or corporation who violates any provision of this title, or performs any unlawful act as defined in this title, or fails to perform any act required in this title, shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine in any sum not to exceed $300. Where a penalty for a violation of a specific section or subsection is provided in KGBC 11.60.130 or 1.25.050, that penalty shall apply.
(d) Registered Owner Responsible for Violations. A vehicle that is stopped, parked, or left standing in violation of any law or regulation is considered to have been stopped, parked, or left standing by any registered owner of the vehicle unless that registered owner is able to prove by satisfactory evidence that at the time of the violation the vehicle was being operated by another person without the consent of a registered owner and beyond the control of a registered owner. When a vehicle is registered to two or more owners each owner is deemed to have consented to any use of the vehicle by another registered owner and each such owner shall be deemed to have given consent to the use of the vehicle by any other person who has received the consent of any registered owner. Only the registration records of the vehicle as of the date of the violation or an acknowledgment of conveyance signed or sworn to by the alleged new owner will be accepted as satisfactory evidence that a vehicle has been sold or otherwise conveyed to a new owner.
(e) Notices of Violation. Code enforcement officers are authorized to give notice to persons accused of violating provisions of this title and regulations adopted pursuant to this title by delivering either notices of violation for vehicular parking violations or other violations to such persons or, in cases where vehicles without drivers are parked or stopped in violation of this title, by affixing a notice of violation to the vehicles by means of which the violation occurred. When authorized by the borough manager, code enforcement officers may, by a notice of violation delivered or affixed as described above, give notice to persons accused of violations of laws and regulations governing the parking, stopping or standing of vehicles. The notices of violation shall include at least the following:
(1) A brief description of the violation;
(2) The registration number and/or other identification of the vehicle, if available;
(3) The approximate time and place of the violation;
(4) The penalty for the violation;
(5) The borough office and address where the penalty must be paid;
(6) A statement that unless an appeal is filed within 20 days from the date of notice of the violation or the penalty is paid within 30 days of the violation an additional fee of $15 will be imposed;
(7) A brief description of the procedure for appealing the notice of violation, the office where such appeal must be filed and the time for filing an appeal;
(8) A notice that timely payment of the penalty will waive all rights to appeal or contest the notice of violation or penalty;
(9) A notice that the person has a right to an administrative hearing at which the person may be represented by counsel, confront and question witnesses, testify, and subpoena witnesses;
(10) A notice that failure to timely and properly file an appeal or pay the penalty will be deemed an admission of the violation, will waive all rights to appeal or contest the notice of violation or penalty, will cause the penalty and late payment fee to become immediately due and payable, and will subject the person to additional costs of collection, as defined in KGBC 1.10.020, if the penalty and fee are not paid; and
(11) Such other information as the borough manager may require.
(f) Failure to timely pay the penalty shown on the notice of violation or failure to timely and properly appeal the notice of violation shall constitute a waiver of all right to appeal or contest the notice of violation or penalty, shall be deemed an admission of the violation described in the notice of violation, and shall cause the penalty and late payment fee described in KGBC 11.60.130(b) to become immediately due and payable. Timely payment of the penalty will waive all rights to appeal or contest the notice of violation or penalty.
(g) Additional Notice. If the penalty set forth in KGBC 11.60.130 has not been paid within at least 30 days from the date the notice of violation was issued and if an appeal has not been filed, an additional notice shall be sent to the person alleged to have been in violation. The notice shall contain:
(1) A brief description of the violation;
(2) The registration number and/or other identification of the vehicle if available;
(3) The approximate time and place of the violation;
(4) A statement that the penalty and additional fee of $15 are due;
(5) A statement that the time for appeal has passed unless within 10 days from the date the notice was mailed the person files a written appeal and proves to the hearing officer by satisfactory evidence that the person did not receive the notice of violation and that the failure to receive the notice was not the result of any act or omission of the person, of any registered owner of the vehicle, or of anyone else who operated the vehicle with the consent of any registered owner;
(6) A brief statement of the procedure for appealing and the office where such appeal must be filed;
(7) The borough office and address where the penalty and fees may be paid; and
(8) Such other information as the borough manager may require. [Ord. No. 1737, §7, 9-2-14; Ord. No. 1683AS, §1, 9-16-13.]
11.60.130 Parking violations – Schedule of fines and penalties.
(a) The following fine and civil penalty schedule shall apply to the violations listed below:
|
Type of Violation |
Fine/Penalty |
|---|---|
|
Illegal and overtime parking in violation of KGBC 11.60.030(b), (c), (e)(3), or (e)(6) |
$20/violation |
|
Illegal parking in violation of KGBC 11.60.030(e)(1)(a) or (e)(1)(b) |
$20/violation |
|
Violations by persons operating vehicles without special permit or special license plate: KGBC 11.60.030(e)(2)(a), (e)(2)(c), or (e)(2)(d) |
$250 first conviction, $500 subsequent convictions |
|
Violations by persons operating vehicles with special permit or special license plate: KGBC 11.60.030(e)(2)(b) |
$250.00 first conviction, $500.00 subsequent convictions |
|
No overnight camping: KGBC 11.60.030(e)(4) |
$100.00/violation |
|
Failure to display registration: KGBC 11.60.030(e)(5) |
$100.00/violation |
|
Vehicles carrying unsecured trash or waste: KGBC 11.60.030(e)(7) |
$50.00/violation |
For purposes of this subsection the term “conviction” means any violation of KGBC 11.60.030(e)(2), AS 28.35.235, or any ordinance of any municipality in the state of Alaska which substantially conforms to AS 28.35.235.
(b) Late Payment Fee. The above fines or penalties shall be increased by an additional fifteen dollars ($15.00) in the event that the fine or penalty is not paid in full within thirty (30) days of the date the notice of violation or citation was issued. In computing the thirty (30) day period, the period during which a properly filed and timely appeal is pending shall not be considered. In addition to the fines and penalties described above, the violator or presumed violator shall pay all collection and legal costs incurred in collection of a fine or penalty exclusive of: the costs of administrative appeal described in KGBC 11.60.150, the costs of prosecution in the event a citation has been issued, and the costs of mailing the notice described in KGBC 11.60.120(g).
(c) Collection of Fines, Penalties and Costs. An alleged violator of any of the ordinances described in subsection (a) of this section who has failed to pay all fines, penalties, late payment fees, and costs described in this section shall, upon the expiration of any time for appeal, be indebted to the borough in the amount of such fines, penalties, late payment fees, and costs. In addition to or in lieu of any other provision for collection of such fines, penalties, late payment fees, and costs, the borough may collect these amounts as a debt and may use such collection services and methods as are determined by the borough manager. [Ord. No. 1683AS, §1, 9-16-13.]
11.60.140 Parking violations hearing officer.
The hearing officer, as established by KGBC 10.10.140, shall have the authority to hear appeals under KGBC 11.60.150. [Ord. No. 1683AS, §1, 9-16-13.]
11.60.150 Administrative appeal.
(a) Right to Appeal Notice of Violation. Any person to whom a notice of violation as described in KGBC 11.60.120(e) has been issued and any person who is the registered owner of a vehicle to which a notice of violation was affixed may appeal the notice of violation in the manner set forth below.
(b) Time for Appeal. Within twenty (20) days of the date the notice of violation was issued any person appealing a notice of violation shall file with the hearing officer a written appeal. A written appeal may also be filed with the hearing officer within ten (10) days of the date the notice described in KGBC 11.60.120(e) was mailed; provided, however, that such an appeal will be considered untimely unless the appellant proves to the hearing officer by satisfactory evidence that the person did not receive the notice of violation and that the failure to receive the notice was not the result of any act or omission of the person, of any other registered owner or of any other person who operated the vehicle with the consent of any registered owner. If the person appealing provides such satisfactory evidence, the person shall not be charged a late payment fee for the period prior to the date of the hearing officer’s decision. Failure to file a written appeal within the time limits set forth above shall waive any right to appeal or contest the notice of violation or the penalties, fees and costs imposed for the violation.
(c) Contents of Written Appeal. The written appeal shall state:
(1) The name and mailing address of the appellant;
(2) The number or other sufficient identification of the notice of violation;
(3) A description of the vehicle;
(4) Any facts, documents, photographs, witness statements or other evidence supporting the appeal;
(5) A statement of the reasons for the appeal;
(6) A statement as to whether the appellant requests a hearing before a hearing officer or desires to have the hearing officer decide the matter without a hearing. Unless a hearing is requested, the appellant’s rights to a hearing, to be represented by counsel at appellant’s cost, and the opportunity to present evidence and to examine and cross-examine witnesses will be waived. If the appellant waives the hearing, the hearing officer may determine the case based upon the written statements of the appellant, the issuing officer and any witnesses and upon the hearing officer’s own observations;
(7) The signature of the appellant and the date of signing; and
(8) Such other information as the borough manager may require.
The borough manager shall prepare appeal forms which appellant may use.
(d) Hearing Procedures.
(1) Date. Unless otherwise agreed by the appellant and the hearing officer any hearing requested pursuant to this section shall take place no later than fifteen (15) days from the date the written notice of appeal is filed with the borough.
(2) Procedure. The hearing shall be conducted informally and may be governed by such rules and procedures as the hearing officer may choose to establish, except that:
a. Parties may appear in person or through counsel;
b. Parties may present witnesses and evidence on their own behalf;
c. Parties or their counsel may cross-examine opposing witnesses on matters relevant to the issues, impeach witnesses regardless of which party first called the witness to testify, and rebut evidence against them;
d. Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be considered provided there are guarantees of its trustworthiness and that it is more probative on the point for which it is offered than any other evidence the proponent can procure by reasonable efforts;
e. All proceedings shall be open to the public;
f. All parties shall have the right to subpoena witnesses and documents using a form provided by the borough clerk and submitted to the clerk for issuance at least five (5) working days before the date of the hearing;
g. The hearing shall be memorialized by an electronic recording or a stenographic record;
h. Failure of an appellant to appear at a hearing when such hearing has been requested by appellant shall waive all right to a hearing and shall render the amount of the fines, penalties and costs due and owing.
(e) Scope of Review. The hearing officer’s decisions shall be based solely upon the law and the facts applicable to the case. If a violation is legally determined to have occurred, the hearing officer shall not substitute his/her judgment for that of the enforcement officer or parking enforcement officer as to whether a notice of violation should have been issued. If a violation is legally determined to have occurred, the hearing officer shall furthermore not substitute his/her judgment for the assembly, manager or other parking authority which enacted the regulation or ordinance and shall not reduce the penalty below that provided for under KGBC 11.60.130.
(f) Decision. No later than fifteen (15) days following the hearing the hearing officer shall issue a written decision based on findings and conclusions adopted by the hearing officer. Such findings must be in writing and must be reasonably specific so as to provide interested persons, and, where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the decision entered. The decision, findings of fact and conclusions of law shall be forwarded to all parties to the appeal.
(g) Payment. If the hearing officer upholds the notice of violation the appellant shall pay the penalty, any applicable late fees and costs of collection.
(h) Reconsideration and Appeal. The decision of the hearing officer reached at the conclusion of a quasi-judicial proceeding or administrative hearing may be reconsidered or reheard only if:
(1) There was substantial procedural error in the original proceedings;
(2) The hearing officer acted without jurisdiction; or
(3) The original decision was based on fraud or misrepresentation.
Any person seeking reconsideration or rehearing must file a request with the borough clerk together with the materials supporting one (1) or more of the grounds stated above within fifteen (15) days of the decision for which reconsideration or rehearing is requested. A rehearing shall be conducted in the same manner as the original proceeding. The decision of the hearing officer may be appealed to the superior court pursuant to the Alaska Rules of Court, appellate rules. [Ord. No. 1683AS, §1, 9-16-13.]