§ 636.104. Payment of parking citations and parking facility fees; late charges; final notice.

(a)

The Tax Collector is authorized to accept payment of a parking citation or parking facility fee ("fee invoice") as specified on the parking citation or fee invoice at any time at his/her office or by mail. The voluntary payment of a parking citation shall be deemed equivalent to the entry of a plea of guilty to the offense charged and a waiver of the right to a trial for the purpose of this Chapter. Any person receiving a parking citation shall, within 15 calendar days, pay the civil penalty as prescribed in Section 636.101 or request a court hearing. Failure to pay the civil penalty as prescribed in Section 636.101 within 15 calendar days of the issuance of the parking citation will result in the imposition of a late fee(s). Failure to set a court hearing date within 15 days of the issuance of the citation shall result in the waiver of rights to a court hearing.

(b)

There is a late fee of $10 imposed on each person charged with a violation of a parking ordinance who fails to pay the parking citation within 15 calendar days after issuance of the citation ("initial late fee"). If the Tax Collector has not received payment of a parking citation within 15 calendar days after the issuance of the citation, or if the violator has paid by United States mail and his payment is not postmarked within 15 calendar days after issuance of the citation, the Public Parking Officer (herein, "Public Parking Officer" shall mean the Public Parking Officer or their designee) may mail a notice ("notice"), if the address is on file, consisting of a $10 initial late fee with an additional $15 late charge ("additional late fee") if the parking citation has not been paid within 30 calendar days from the date of the original violation. The notice assessing the late charges to the person named in the citation (or to the person in whose name the license tag or the vehicle identification number on the vehicle is registered, as the case may be) will be mailed by United States mail to the last known address. All notices mailed by the Public Parking Officer pursuant to this subsection shall be promptly reported to the Tax Collector. This subsection shall also apply to persons charged with a violation of a parking ordinance whose cited vehicle carries a license tag registered out-of-county or out-of-state; provided, that the time period stated in this subsection has expired. For the purpose of this subsection, receipt of the original citation shall constitute sufficient written notice as required by this subsection and any additional correspondence is an optional courtesy. There shall however be no late fee applied to any outstanding fee invoices for parking in City facilities for the first 30 days. After the initial 30-day period the late fees shall be calculated at 50 percent of the original invoice amount, if paid within 60 days, and an additional 50 percent of the original invoice amount if paid thereafter.

(c)

(1)

Pursuant to F.S. § 318.18(6), the Public Parking Officer, law enforcement agency, or parking enforcement specialist or agency that has issued a citation for a violation of F.S. § 804.1012 shall waive all fines if a person provides proof that a person committing the violation has a valid permit or license plate issued pursuant to state law or a signed affidavit that the owner of the disabled parking permit or license plate was present at the time the violation occurred and that such parking permit or license plate was valid at the time the violation occurred. Upon provision of the affidavit of compliance or other proof to the issuing agency and payment of a dismissal fee of $7.50, the citation shall be dismissed by the issuing agency. The Clerk of Court may designate a local governmental entity to receive the affidavit and dismissal fee, and the local governmental entity may keep the dismissal fee.

(2)

The Public Parking Officer shall have the discretion of relieving the person named in the citation or fee invoice of paying the appropriate late charges, of voiding citations or fee invoices (including the costs of removing an immobilizing device), and of authorizing the payment of lesser fines or fees on citations or fee invoices upon good cause being shown to and documented by the Public Parking Officer. Actions taken by the Public Parking Officer under this subsection shall be reported to the Tax Collector.

(d)

In the event the mailed notice cannot be delivered to the person named in the citation or fee invoice, the Public Parking Officer may, after diligent effort to locate the person, including the use of collection agencies, mark the citation or fee invoice uncollectible as appropriate on the citation or fee invoice and permanently file it, or place this information in the data base. Action taken by the Public Parking Officer under this subsection shall be reported to the Tax Collector.

(e)

In the event there is not available to the Public Parking Officer sufficient information on a vehicle so as to enable the Public Parking Officer to locate the owner of the vehicle which received the citation or fee invoice, the Public Parking Officer may, after diligent effort (which may include the use of collection agencies, Florida Division of Motor Vehicle data base, out of state motor vehicle data base, or any other information deemed appropriate to locate said owner), mark the citation or fee invoice uncollectible and permanently file same, or place this information in the data base. Action taken by the Public Parking Officer under this subsection shall be reported to the Tax Collector.

(f)

The Public Parking Officer shall present an itemized list of citations and fee invoices, and with the written approval of the Director of Neighborhoods Department, be authorized to write-off all citations and fee invoices that are over one year old from date of issuance that have been determined to be uncollectible by being:

(1)

Returned as undelivered mail,

(2)

Unable to locate the owner in whose name the license tag or vehicle identification number on the vehicle is registered after having undertaken reasonable efforts to locate said owner to include contacting the Florida Division of Motor Vehicles when appropriate, and

(3)

Referred to a collection agency and the collection effort is no longer justified.

(Ord. 70-746-359, § 1.04; Ord. 70-650-526; Ord. 71-397-181; Ord. 75-922-448, § 1; Ord. 76-406-205, § 1; Ord. 83-591-400, § 1; Ord. 83-938-488, § 3; Ord. 84-609-361, § 3; Ord. 98-182-E, § 3; Ord. 2000-22-E, § 2; Ord. No. 2004-906-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2012-674-E, § 2; Ord. 2013-209-E, § 40; Ord. 2015-99-E , § 1; Ord. 2016-140-E , § 16)

Note— Former § 300.104.