Jump to content

Search the Community

Showing results for 'traffic citation'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Bankruptcy, Debt, and Taxes
    • Bankruptcy, Debt, and Taxes
  • Consumer Issues
    • Car Purchases & Repairs
    • Retail Purchases
    • Consumer Services & Disputes
    • Medical Treatment & Insurance
    • Archive
  • Criminal Law
    • DUI & DWI
    • Crimes Defined
    • Investigation, Arrest, & Trial
    • After Sentencing
    • Archive
  • Employment
    • Hiring, Firing, and Discrimination
    • Wages & Hours
    • Workplace Safety & Injuries
    • Archive
  • Family Law
    • Child Custody & Support
    • Education
    • Guardianship & Adoption
    • Marriage & Divorce
    • Archive
  • Immigration
    • Immigration
  • Injuries, Accidents, and Torts
    • Auto Accidents
    • Other Accidents & Injuries
    • Defamation & Identity
    • Personal Property & Money Disputes
    • Professional Malpractice
    • Archive
  • Legal Research How-To
    • Legal Research How-To
  • Real Estate & Landlord-Tenant
    • Buying & Selling Homes
    • Landlord & Tenant
    • Neighbors
    • Property Law
    • Archive
  • Small Business
    • Business Organizations
    • Running a Business
    • Trademarks, Copyrights, and Patents
    • Archive
  • Traffic Violations
    • Licensing Issues
    • Non-Injury Accidents
    • Traffic Infractions
    • Archive
  • Wills, Trusts, and Estates
    • Wills, Trusts, and Estates

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Found 7,260 results

  1. Diagnosed with terminal cancer, whereas the Dr. predicts approx. 2 - 3 weeks to live. Bench warrant for past traffic infraction. Will I be locked up?
  2. Why not write a letter to the traffic court with a copy of his documentation explaining the situation and including the citation number so the court can locate the file?
  3. We found out that my husband supposedly received a ticket for no insurance on 23 Aug 1997. That became a arrest warrant on 8 Mar 2008. It is now Feb 2015! My husband has been stopped since then, he went to take his state inspectors test, has had a couple of background checks and the Navy has done a security search for his security clearance. At NOW time has this thing showed up. Can they do this?
  4. I was issued a traffic citation for turning right on a red light, where it is posted "no right turn on red". However the CHPD officer that wrote me the citation wrote down my drivers license number incorrectly. What should I do? Should I call the court?
  5. Oregon's policy on photo radar citations "...officer will cause notification of citation delivered." Plainly stated, they mail it USPS. I'll skip my legal argument and just say I don't except mail from government agencies without service. So having no knowledge of an alledged traffic violation & no notice of trial, a judicial decision was made, finding me guilty. I believe I can prove deprivation of due process. Where and how do I do that. Do I file a civil action against the State? District court? Appellate court?
  6. I made a U-turn on our Main St. in the center of town (this is a very small town. There is a center lane that separates the northbound and southbound lanes. I pulled into the center lane then made the U-turn, the moment I did, I saw the sheriff's deputy lights go on (it was dark so I didn't see that he was parked down the street). I also didn't know that it was illegal until I saw his lights, it was a simple deduction. The following day I went in search of a no U-turn sign. There is one on the edge of town, southbound and one on the edge of town, northbound that says no U-turn next 1/2 mile and that is it. There are multiple street blocks in between the signs with residential neighborhoods east & west of Main street and one main intersection, no stop light. I don't have to pass by the sign to get to town. I haven't calculated exactly how far I was parked from the no U-turn sign, but I would guess anywhere from 1/8 to 1/4 of a mile. Based on everything I have read from Idaho statutes and The US Department of Transportation Federal Highway Admin, no U-turn signs must be posted where the action is not allowed. Does anyone have any thoughts on my chances of fighting this citation and winning it?
  7. Thank you for your reply. While I didn't get a copy of a petition, I did get a copy of the citation which appears to conform more in part with Rule 117(a)(5). The delinquency occurred after the Notice of Protest was timely filed.
  8. A copy of the petition must be served with a citation to answer the petition. Rule 99.a. Is the tax lien for a period prior to the time involved in the hearing?
  9. I would ask the same question. Why do you want to know? Your answer will have a bearing on any helpful comments. For example: Do you live in NJ? Is the car in NJ wearing the AZ dealer tag? Are you planning to buy the car? Have you already bought the car? Did you get (or have you seen) the AZ title? Is the person in possession of the car the same person that is named on the title? One thing I can almost guarantee is that a NJ resident who gets pulled over in NJ driving that car is going to get a citation.
  10. Son (16) who has no previous offenses and stellar grades was provided a Ticket (Checked Traffic) with the Code and Section as HS11357(a)(1) and checked I (Infraction) from school while walking through park on way back from lunch - They suspended him for 3 days under the Ed Code 48900(C) - Is this ticket a mistake and should be marked Non-Traffic as well as no signature on the ticket where his signature should be stating that he promises to appear at the time and place indicated below.
  11. Since a picture is worth a thousand words, I was trying to make things concise. So, here's the thousand words route: I was issued citations by Denver due to failure to remove debris from my backyard, as previously stated. The motion filed by the city lawyers says: "Motion for Judgment on the Pleadings" The plaintiff moves the court to enter judgment on the pleadings and as grounds therefore states as follow: In his answer, the defendant states: the rubbish cited in the original citation was collected in waste disposal containers under contract to be removed within three days of the citation. The citation shouldn't have been issued for this. The rubbish cited in the 2nd citation was also organized in waste disposal containers being prepared for professional removal. The appeal for the citations was attempted with a 10 day. But any appeal specifically excluded contesting the validity of the citations. This process was therefore useless in my case. The rubbish was produced by repeated street flooding for which the City of Denver takes no responsibility for, but which caused property damage of at least $20,000 with the destruction of the contents of my basement including furnace and hot water heater. The property damage rendered my house unliveable and caused me to borrow and spend $33,000 for housing my family (which includes 3 special-needs minors) for six months. This disaster was overwhelming and traumatizing to me personally and required me to prioritize my family's well-being and the recovery of my property over the superficial appearance of the property. Due to the nature of the disaster which I did not cause on my property it was unreasonable to expect any homeowner with my means to comply with the time limits of the citation. To this day my basement is unusable and unlivable. CRCP 312(c) provides that a party waves all the fences in objections which are not raise and his or her answer. The defendant fails to raise an adequate defense of objection and equity or in law. The reverse side of that administrative citation provided the requirement for the defendant to administratively appeal the citation within 10 days of the service of the citation. The defendant failed to exhaust is administrative remedies. See City and County of Denver vs United airlines, 8 P. 3rd 1206 (COLO 2000). Thus the defendant has no defense to plaintiffs claims. The defendant states he attempted the appeal however he never perfected the appeal asserting that the appeal process excluded contesting the validity of the citation. The Colorado Court of Appeals clearly sets forth the requirement that there must be an exhaustion of administrative remedies before a court has subject matter jurisdiction. The defendant was provided with complete adequate and speedy administrative remedies. Defendant however did not pursue his administrative of remedies nor establish an exception to the exhaustion requirement. The defendant is in error as to stating that the appeal does not go to the validity of the citation as shown in Article XII Administrative Citations Section 2–286 Appeal of Administrative Citation. The applicable city ordinances are provided below: >>>>>> Sec. 48-43. - Improper accumulation and storage; abatement. <<<<<<<< (a) The manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or any of the authorized representatives of them or any of them, may order the owner, occupant or agent of the owner of any premises upon which there is an accumulation or storage of any trash to remove the same within a reasonable time if such accumulation is: (1) Offensive to sight; (2) In a condition which fosters the propagation of rats or vermin or flies or other insects; (3) Otherwise insanitary, prejudicial or in any manner hazardous to the public health; or (4) Disposed in violation of any ordinance or regulation. (b) Such order shall be made in writing, delivered whenever feasible, personally to the owner, occupant or agent of the owner, or, where such personal delivery is not feasible, posted conspicuously at the premises. (c) Such order shall specify a reasonable period within which compliance shall be had. (d) For purposes of ascertaining violations of this section and investigating complaints made hereunder, whenever reasonable cause for investigation appears, the right of entry onto any premises at any reasonable time to conduct a reasonable inspection or investigation is hereby granted to the manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, and the authorized representatives of them or any of them. (e) If any order lawfully issued pursuant to subsection (a) is not complied within such reasonable time as is specified therein, the manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or the authorized representatives of any of them may, after notice to persons of record interest in the property, order the particular instance of improper accumulation or storage of trash removed by the city and the persons of record interest shall be responsible for the costs and expenses of removal. The procedures outlined in subsection (h) for the collection of the costs and expenses thereof shall apply additionally to the penalty by this Code provided. (f) It shall be unlawful to refuse to comply with any order lawfully issued in pursuance of subsection (a). (g) It shall be unlawful to hinder, prevent or refuse to permit any lawful inspection or investigation authorized in pursuance of subsection (d). (h) If the owner, occupant or agent of the owner shall fail within thirty (30) days after billing to pay the costs and expenses of the removal of the improper accumulation or storage of trash by the city, a lien may be assessed against the property for such costs. To initiate such a lien, the manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or the authorized representatives of any of them shall certify a statement thereof to the manager of finance who shall record a notice of such lien with the clerk and recorder. An action or other process provided by law may be maintained by the city to recover or collect any amounts, including interest and administrative costs, owing under this provision. (Code 1950, § 352.7; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 464-98, § 3, 7-6-98; Ord. No. 775-07, § 77, 12-26-07; Ord. No. 425-10, § 2, 8-9-10) ARTICLE III. - MAINTENANCE OF LANDSCAPING AND CLEARING UNATTENDED VEGETATION[3] >>>>>> Sec. 57-43. - Violation. <<<<<<<<< >>>> (a) Every owner and responsible party who fails to keep private property clear of unattended vegetation is in violation of this article and subject to the remedies and enforcement specified herein. This subsection (a) shall not apply to the federal, state, special district, and municipal governments and their departments and agencies. * ARTICLE XII. - ADMINISTRATIVE CITATIONS * Sec. 2-281. - In general. (a) This article provides for administrative penalties that may be imposed for violation of the Denver Revised Municipal Code. (b) The purpose of this article is to encourage prompt compliance with the Code and prompt payment of penalties assessed. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-282. - Definitions. For the purposes of this article the following terms shall have the meanings assigned to them below. (a) Administrative hearing officer (AHO): A person appointed by a manager to hear appeals of administrative citations. (b) Enforcement official: A person employed by the city and charged by a manager with enforcing the ordinances of the city. (c) Manager: The manager of a department of the city or such manager's designee. Unless otherwise specifically stated, wherever "manager" is used in this article it shall mean any manager responsible for enforcing a violation and issuing an administrative citation. (d) Responsible party: A person or entity who is suspected of having violated the Code or, in the case of property violations, the property owner, or an individual or an entity who, acting as an agent for or other legal capacity on behalf of the owner, has authority over property subject to an administrative citation under this article, or in the case of animal violations, the person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells the animal or animals which are the subject of an animal code violation. (e) Rules and regulations: Such procedures and requirements as are adopted through a rulemaking process as set forth in article VI of this chapter or as provided by ordinance for any specific department. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-283. - Authority. (a) Any responsible party violating provisions of the Code may be issued an administrative citation by an enforcement official as provided in this article. (b) Administrative citations for all violations of the Code shall be issued only after the responsible party has received notice of violation and time to comply as provided in the underlying ordinance unless because of the nature of the offense immediate compliance is required; further, any appeal process provided in the underlying ordinance or the charter of the city shall be completed prior to issuance of an administrative citation. Completion of the appeal process specifically includes situations where the time to appeal has run and no appeal has been filed. Where there is an appeal process provided in the underlying ordinance and that process has been completed an appeal of a subsequently issued administrative citation shall only relate to whether the processes for issuance of the citation were properly followed and shall not consider the merits of the underlying violation. (c) Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate citation may be issued. However, unless the manager determines that continued violations would cause immediate peril to life or property or the offense is one that, because of the nature of the offense, requires immediate compliance, once a citation has been issued for a violation of the Code, no additional citation shall be issued for the same violation for ten (10) days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the administrative hearing officer (AHO) within ten (10) days of its issuance or such other time as the AHO has specified. If the manager determines that continued violations would cause immediate peril to life or property or is of a nature that requires immediate compliance, an additional citation may be issued each day the violation continues. (d) A civil penalty assessed by means of an administrative citation issued by the enforcement official shall be payable directly to the manager of finance, and if not timely paid may be collected in accordance with the procedures specified in this chapter. (e) Enforcement actions are intended to be cumulative in nature. The city may pursue one (1) or more civil, criminal, and administrative actions, fees, fines, sentences, penalties, judgments, and remedies and may do so simultaneously or in succession. (f) Managers are authorized to promulgate rules and regulations to implement the use of administrative citations by their departments. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-284. - Procedures. (a) Upon discovering a violation of the Code and after having complied with subsection 2-283(b), an enforcement official may issue an administrative citation to a responsible party on a form as specified by rules and regulations. (b) The enforcement official may require that the responsible party provide evidence of identity and residential or employment address. It shall be unlawful for any person to refuse or fail to provide such evidence of identity and residential or employment address. (c) The enforcement official shall attempt to issue the administrative citation to the responsible party at the site of any violation or at the responsible party's business or personal address. If the responsible party is not located, a copy of the administrative citation shall be left with any adult person residing or working at the site or at the responsible party's business or personal address, or if no adult person is found at the site or at the responsible party's business or personal address and the violation occurred on private property or on property for which the responsible party has responsibility under an ordinance, then a copy of the administrative citation shall be posted in a conspicuous place on the property on which the violation occurred. If the responsible party is not located, and the offense occurred on public property or on private property for which the responsible party does not have responsibility under an ordinance, then a copy of the administrative citation shall be left with any adult person residing or working at the responsible party's business or personal address or if no adult person is found, the administrative citation shall be posted in a conspicuous place on the property of the responsible party. (d) The enforcement official shall attempt to obtain the signature of the person receiving the administrative citation on the citation. If that person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings. (e) If the enforcement official is unable to issue the administrative citation directly to the responsible party, then, in addition to posting as described in [subsection] (c) above, the administrative citation shall be sent via first class mail to the responsible party. In the case of violations occurring on private property or on property for which the responsible party has responsibility under an ordinance, the administrative citation shall be sent to the most recent mailing address contained in the city's assessment division records for the property in violation or the property of the responsible party. In the case of violations occurring off of private property for which the responsible party has legal responsibility, the administrative citation shall be sent to the most recent mailing address of the responsible party contained in the records of any municipal, state or federal agency, including but not limited to the Colorado Department of Motor Vehicles. (f) Notice shall be deemed served on the date of receipt by the responsible party, if personally served, or upon the fifth day after mailing of the administrative citation or posting of the property, whichever is later. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-285. - Contents of notice. (a) The administrative citation shall state the date and location of the violation and the approximate time the violation was observed. When applicable, the administrative citation shall identify the property in violation by address or legal description. (b) The administrative citation shall refer to the code section violated and describe the violation. (c) When applicable, the administrative citation shall describe the action required to correct the violation. (d) When applicable, the administrative citation shall require the responsible party to immediately correct the violation and shall explain the consequences of failure to correct the violation. (e) The administrative citation shall state the amount of penalty imposed for the violation. (f) The administrative citation shall explain how the penalty shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the penalty. (g) The administrative citation shall briefly state the process for appealing the administrative citation. (h) The administrative citation shall contain the signature of the enforcement official and the signature of the responsible party if it can be obtained. (Ord. No. 58-08, § 1, 2-4-08) >>>>>>> * Sec. 2-286. - Appeal of administrative citation. <<<<<< (a) A person served with an administrative citation may file a notice of appeal within ten (10) calendar days from the service of the notice. Compliance with this time limit shall be a jurisdictional prerequisite to any appeal brought under this article, and failure to comply shall bar any such appeal. (b) The notice of appeal shall be made in writing and filed with the manager pursuant to the rules and regulations of the department issuing the administrative citation. (c) As soon as practicable after receiving the written notice of appeal, the manager shall appoint an AHO who shall schedule a date, time and location for the hearing. (d) Written notice of the date, time and location of the hearing shall be personally served upon or sent by first class mail to the responsible party at least ten (10) calendar days prior to the date of the hearing. (e) For appeals of citations for violations that the manager has determined would cause immediate peril to life or property, or is of a nature that requires immediate compliance, the AHO shall determine the validity of all outstanding citations for said violation as of the date of the hearing. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-287. - Administrative hearing officers. (a) The qualifications, appointment and duties of AHOs shall be as provided in rules and regulations. (b) Any person designated to serve as an AHO is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-288. - Procedures at administrative hearings. (a) Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow procedures as provided in the rules and regulations. Unless the party appealing the administrative citation objects, hearings shall be open to the public. (b) The parties to an administrative hearing shall be the responsible party and the affected city department. Parties may be represented by legal counsel. Parties may present evidence; call and question witnesses and cross examine witnesses called by other parties. (c) The AHO, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The form of, and the process for issuing, subpoenas shall be as provided by rules and regulations of the department issuing the citation. The AHO may allow witnesses, other than the responsible party and the investigating enforcement officer, to testify by telephone, provided neither party objects and both parties acknowledge the identity of the witness. (d) The AHO shall have the power to call and question witnesses, to review and consider the relevancy and probative weight of testimony, documentary or other tangible evidence, to rule on evidentiary questions and witness qualifications, and to generally conduct the hearing in conformance with the procedures and requirements set forth herein and as provided by the rules and regulations of the department issuing the citation. (e) The city bears the burden of proof at an administrative appeal to establish the existence of a violation of the Code. In the case of a hearing regarding the abatement of a nuisance, the city bears the burden to prove the existence of a public nuisance. (f) The standard of proof to be used by the AHO in deciding the issues at an administrative hearing is by a preponderance of the evidence. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-289. - Failure to obey subpoena. It shall be unlawful for any person to refuse to obey a subpoena issued by an AHO. Failure to obey a subpoena constitutes contempt and may be criminally prosecuted and have penalties imposed under subsection 1-13(a). (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-290. - Failure to attend administrative hearing. Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-291. - Administrative enforcement order. (a) The decision of the AHO shall be entitled "administrative enforcement order" and shall be issued in accordance with the rules and regulations of the department issuing the administrative citation. (b) As part of the administrative enforcement order, the AHO shall issue a final decision regarding the violations alleged in and penalties assessed by the administrative citation. The order shall: (1) Uphold the administrative citation and penalties as to any violation proven by the city; (2) Dismiss the administrative citation and penalties as to any violation not proven by the city; and (3) Require payment of any outstanding assessed penalties and costs by a specified date. (c) As part of the administrative enforcement order, the AHO may: (1) Waive the penalty for a real property violation, but only where the responsible party has provided clear and convincing evidence of complete compliance prior to the date of the service of the administrative citation; (2) Reduce the penalties for a real property violation, but only where the responsible party has provided clear and convincing evidence of both complete compliance prior to the hearing and also justifiable neglect for a failure to comply earlier, provided however that claims of insufficient financial resources shall not constitute justifiable neglect; (3) Conditionally reduce the penalties where the order imposes conditions and deadlines to correct violations upheld and order the stay of the issuance of additional administrative citations for those same violations upon full compliance with the conditions and deadlines imposed in the administrative enforcement order. (d) If the AHO does not dismiss the administrative citation in its entirety, the AHO shall assess reasonable administrative costs as established in the rules and regulations of the department issuing the administrative citation. (e) The administrative enforcement order shall become final on the date of mailing of the order to the responsible party. A copy of the order shall be provided to the city. (f) The administrative enforcement order may be appealed to Denver District Court under the provisions of Colorado Rule of Civil Procedure 106(a)(4) within thirty (30) days of the date the order becomes final. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-292. - Failure to comply with administrative enforcement order. (a) It shall be unlawful for a responsible party who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be criminally prosecuted and have penalties imposed under subsection 1-13(a). (b) If a responsible party fails to comply with a final administrative enforcement order for an administrative citation issued for a violation of the code and the city subsequently corrects the violation, then either: (i) Civil penalties assessed pursuant to Code section 2-292 of this article, or (ii) the whole cost to the city of correcting said violation plus five (5) percent of the cost for on and other incidental costs in connection therewith, whichever is higher, shall be automatically assessed and become a lien on the property and such lien shall be automatically perfected and have priority over all other liens except general taxes and prior special assessments. (c) If an assessment is not paid within the time provided for in the administrative enforcement order then the assessment shall be certified to the city treasurer who shall collect the assessment, together with a ten percent penalty for the cost of assessment, under the same laws in the same manner as ad valorem property taxes are collected, including, but not limited to the laws for the sale and redemption of ad valorem property for taxes. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-293. - Penalties assessed. (a) Each manager may establish policies to assist in the assessment of civil penalties for administrative citations issued by the manager's department. (b) If the responsible party fails to correct the violation cited, commits the same violation again, or fails to correct a violation as specified in accordance with an administrative enforcement order of the AHO, subsequent administrative citations may be issued for violations of the same code section. The penalties assessed for each administrative citation issued for violations of the same code section or sections shall not exceed the following amounts regardless of the number of violations per citation: (1) First administrative citation: one hundred and fifty dollars ($150.00). (2) Second administrative citation: five hundred dollars ($500.00). (3) Third and each subsequent administrative citation: nine hundred and ninety-nine dollars ($999.00). (d) Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-294. - Failure to pay penalties. (a) The failure of any responsible party to pay the civil penalties assessed by an administrative citation within the time specified on the citation or administrative enforcement order, if an administrative hearing was held, may result in the imposition of a late fee of up to twenty-five dollars ($25.00) and interest at a rate of ten (10) percent per annum, except that assessments for an administrative citation issued for the cost to the city when the city has corrected the violation, may be assessed and collected pursuant to section 2-293(c). (b) If the responsible party fails to pay all penalties and charges assessed within thirty (30) days of assessment, the manager may refer the matter for collection by any and all means available to the city. (c) In the case of property violations, the manager issuing the citation shall certify a statement thereof to the city treasurer who shall record a notice with the clerk and recorder of a lien against the property in violation. The lien created hereby shall be automatically perfected and prior to all other liens, regardless of their dates of recordation, except liens for general taxes and prior special assessments. (d) If a responsible party fails to pay the civil penalties within thirty (30) days after the assessment or, if a hearing is held within the time specified in an administrative enforcement order, and the penalties have been assessed through an administrative citation issued for the cost to the city of correcting a violation of the Code, then either: (i) civil penalties assessed pursuant to section 2-292 of this article of the Code, or (ii) the whole cost of correction plus five (5) percent of the cost for inspection and other incidental costs in connection thereof, whichever is higher, shall be automatically assessed and become a lien on the property and such lien shall be automatically perfected and shall have priority over all other liens except general taxes and prior special assessments. The assessment shall be certified to the city treasurer who shall collect the assessment, together with a ten-percent penalty for the cost of assessment, under the same laws in the same manner as ad valorem property taxes are collected, including, but not limited to the laws for the sale and redemption of ad valorem property for taxes. (e) Any action or other process provided by law may be maintained by the city to recover or collect any amounts, including late fees, interest and administrative costs, owing under this article. (f) In the case of animal violations, the manager of the department of environmental health, or that person's designee, may impound any and all animals owned, possessed, maintained or kept by a responsible party who fails to pay all of their assessed penalties, late fees, interest and administrative costs in a timely manner. Any such impounded animal shall not be redeemed without proof of payment of the penalties, administrative costs, and the costs of impound, care, and shelter of the animals. The manager of department of environmental health or designee shall make reasonable efforts to prevent any such impounded animal that is subsequently abandoned and placed for adoption from being released to a spouse, relative, friend, associate, or strawman of the responsible party. (g) Until civil penalties not pending appeal that are owed to the city have been paid in full, the city shall not issue or renew any license or permit of any kind to a responsible party. (h) Failure to pay outstanding civil penalties that are not pending appeal and are owed to the city as a result of one (1) or more administrative citations shall be grounds for suspension or revocation of any license issued by the city until fully paid. (Ord. No. 58-08, § 1, 2-4-08) Chapter 12 - COMMUNITY PLANNING AND DEVELOPMENT[1] Footnotes: --- (1) --- Editor's note— Ord. No. 634-00, §§ 1, 3, adopted Aug. 14, 2000, repealed chapter 12, sections 12-36—12-38, 12-76—12-78, and 12-81—12-87, in its entirety and replaced it with a new chapter 12, sections 12-1, 12-15—12-19, 12-41—12-45, 12-61, 12-91—12-97, and 12-101. Former chapter 12 pertained to community development and assistance, and derived from the Code of 1950, §§ 131.11-1—131.11-4, 131.18-1—131.18-4; Ord. No. 254-80, § 1, adopted May 19, 1980; Ord. No. 520-81, § 1, adopted Oct. 13, 1981; and Ord. No. 372-99, § 1, adopted May 10, 1999. ARTICLE I. - IN GENERAL Sec. 12-1. - Regional cooperation. It is the policy of the city to cooperate with other municipalities and counties of the metropolitan area to attain the mutually desired sound development standards that will maintain this community as one of the most desirable in the country for industrial, commercial and residential activities; to maintain a high level of urban services for urban areas, at an economic cost; and, in cooperation with regional planning agencies, to develop and achieve a metropolitan plan for an efficient and attractive growth pattern which will encourage both the continued development of sound areas and the redevelopment of marginal, obsolete or substandard areas. (Ord. No. 634-00, § 3, 8-14-00) Secs. 12-2—12-14. - Reserved. ARTICLE II. - COMMUNITY PLANNING AND DEVELOPMENT[2] >>>>>> Sec. 12-19. - Appeals; neighborhood inspection services. <<<<<< (a) Any property owner or other party subject to a notice of a violation, order, or other citation issued by the neighborhood inspection services division of the community planning and development agency may appeal the notice of violation, order, or citation if such an appeal is expressly authorized by this Code to be brought under this section. Under no circumstances shall a decision, determination, requirement, order, citation, permit, or certification made, issued, denied, rescinded, or revoked under the landmark preservation ordinance (chapter 30), solid waste ordinance (chapter 48), the zoning ordinance (chapter 59) or the building code be appealed under this section. Any appeal under this subsection (a) must be brought within ten (10) days of the date of service of the notice of violation, order, or citation. (b) Any property owner or other party legally responsible for paying any bill or charges for services provided by neighborhood inspection services division or its agents or contractors may appeal the bill or charges if such an appeal is expressly authorized to be brought under this section. The appeal may dispute the actual cost of the services provided, whether such services were actually provided, whether the bill or charge had been paid, or any errors in the bill or charge. No appeal may be brought under this subsection (b) as to whether a violation existed or whether the services were needed. Any appeal under this subsection (b) must be brought within thirty (30) days of the date of the bill or charge. (c) Compliance with time limits established in subsections (a) and (b) of this section for the submittal of an appeal shall be a jurisdictional prerequisite to any appeal brought under this section, and failure of compliance shall bar any such appeal. (d) An appeal shall be made in writing to the deputy director for the neighborhood inspection services division or such other official as may be appointed by the manager (the "enforcement official"). The appeal shall provide such information, as may be required by rules and regulations, to adequately establish the basis for the appeal. (e) The filing of an adequate appeal, for purposes other than to challenge abatement costs, shall stay all efforts at enforcement, abatement, or any other proceedings directly related to the subject of the appeal unless the enforcement official determines, in writing, that staying enforcement, abatement, or other proceedings would cause imminent or unreasonable peril to life or property. Upon entry of this determination by the enforcement official, no automatic stay shall be in effect unless a restraining order or other injunctive relief is obtained from a court of competent jurisdiction and properly served upon the enforcement official. (f) Notice of the date, time, and place for the hearing shall be provided in writing to the appellant in the manner prescribed in the rules and regulations. (g) The enforcement official may review such appeals and conduct such hearings as specified herein and in accordance the with rules and regulations, or the enforcement official may, in his or her sole discretion, designate an officer or employee of the community planning and development agency to review the appeals and conduct the hearings. The enforcement official may also designate a hearing officer retained for that purpose by contract. (h) The enforcement official or the enforcement official's designated representative or hearing officer shall have the power to call and question witnesses, to issue subpoenas, to require the submission of documentary or other tangible evidence, to rule on evidentiary questions and witness qualifications, and to generally conduct the hearing in conformance with the procedures and requirements set forth in this section and the rules and regulations. (i) Any party appearing at the hearing may be represented by legal counsel and may present testimony and evidence under oath or affirmation. The appellant shall bear the burden of persuasion. If detailed minutes are not kept, then the proceedings shall be recorded. All tangible evidence shall be retained until the applicable appeal periods have lapsed. (j) The decision of the enforcement official, or a designated representative or hearing officer if such decision authority has been so delegated, shall be in writing and provided to the appellant in accordance with the rules and regulations. Said decision shall be considered a final order subject to judicial review under Rule 106(a)(4) of the Colorado Rules of Civil Procedure upon the timely filing of an appeal to the Denver District Court. Any final decision made by a designated representative or hearing officer may be appealed, in writing, to the enforcement official within fifteen (15) days of the date of the decision, in which case the decision reached by the enforcement official following review of the decision of the designated representative or hearing officer shall be deemed a final decision for the purposes of judicial review as of the date of said decision made by the enforcement official. (k) Any automatic stay under this section shall expire at the conclusion of any appeal periods under subsection (j), unless otherwise ordered by the enforcement official or unless a stay, restraining order, or other injunctive relief is obtained from a court of competent jurisdiction and properly served upon the enforcement official. (Ord. No. 634-00, § 3, 8-14-00; Ord. No. 291-05, §§ 5, 6, 5-2-05; Ord. No. 426-10, § 3, 8-9-10) Sec. 12-20. - Enforcement by neighborhood inspection services. In addition to the authority that may be granted it by the various departments of the city to enforce various ordinances and rules and regulations, neighborhood inspection services is hereby expressly authorized to issue notices of violations, orders, administrative citations or other citations for violations of chapter 30 or for disobeying or failing to follow any order, decision or ruling of the landmark preservation commission or the lower downtown design review board.
  12. I have a question about this law in Michigan, 257.627(1) 2320 Drove Without Due Care and/or Caution Drove without due care I am not a lawyer, and I imagine like everything there is probably a way around it. But it seems to me that this is a law that can not be enforceable insofar as Brandon14 is concerned. Most every traffic law is specifically defined, for example, if you do not stop at a stop sign, that is a measured offense, you did not completely stop. If you drive through a Red light, that is a measured offense, if you drive over the posted speed limit, that is a measured offense. If you are following too closely to where you do not have ample time to stop. If you spin your tires to where you lose traction, or squeal your tires, or smoke your tires, throw rocks, all of these can be measured or there can be a defined parameter where you did or did not meet a particular condition. Citations or tickets should not be based upon the opinion or an officer, they should be based on facts or a defined parameter. Stating that you "Accelerated too fast" without any other conditions met (IE not exceeding the speed limit, not running a red light, not spinning tires etc.) in my opinion should not be enforceable, as it is simply the opinion of the police officer in this case. For example every other condition mentioned is defined by a particular law or parameter it does not matter what day it is or who is writing the infraction to meet a criteria for a citation or ticket. In the case of Accelerating too fast, there does not seem to be a defined formula to conclude the offense in particular. The opinion of one officer would more than likely be different than other officers of what constitutes "accelerating too fast" would be. However if there is a specific formula on the books which states, increasing speed by (X) mph in less than (X) seconds is an infraction, then I stand corrected. Furthermore I would like to know what the formula is so as not to break said law. John
  13. I was operating my Harley motorcycle on private property I had permission to be on when I had a crash while participating in motorcycle games.... a private club event.... this was a freak accident and I was badly injured (broken back) I was transported .via ambulance to a trauma center and was in triage when officers approached me wanting to chat about accident .... I was in horrible pain and doctors were performing tests etc...i told police to leave....they returned sometime later and I explained this was private property And asked them who complained or called. No one had and no witnesses including the officers... they were not there . I explained I didn’t feel upto chatting as I had a broken back ... in great pain and asked them to leave again... a short time later the officer returned and laid a ticket for reckless driving on my chest as I lay on a gurney and said(just because I can... my question is if the officer does not witness and I was on pvt property ... do I have a defense..?
  14. Yesterday a man, California Highway Patrolman, about a year shy of retirement and working overtime to help with increased traffic on 15 due to "Super Bloom". Lost his life when a drunk driver who had already been driving erratically and illegally on right hand shoulder, struck him and killed him. Should this person be tried for murdering a police officer? How do we know Sgt. Licon wasn't targeted? This wasn't some driving oops I am sorry I was drunk situation. He had to have seen the pulled over car and Sgt. on shoulder. I don't even think he tried to stop. I feel he should be punished to full extent of the law. Just want to know what our laws actually allow for punishment. Is it still a death penalty sentence? If so, will this event have all needed for a death penalty sentence if convicted? My father was a California Highway Patrol motorcycle officer. Two daughters. I live in Menifee and last night paid respects from Ethanac overpass as the motorcade passed. My heart is heavy for this family. And an excuse of being drunk is no excuse at all. Thank you, Sincerely Lori Anne Clough,
  15. My daughter got in trouble at school. The police were called. She got a 3-day suspension. After that, we had a meeting with the school to get her re-instated. The police were not present at that meeting. Two months later, we received a judgment against us for $400 for failure to appear in court. None of us were informed of a citation or court date. I believe the correct thing to do is to appeal the judgment. Another option is to sue the school for the $400 for failing to inform us of the court date. We will gladly appear in court if we are informed in advance. We will gladly pay a fine if the court decides against us based on the original charge and our defense or lack thereof. But I do not intend to pay a fine for failure to make an appearance that we were not informed of.
  16. Show up on the court date. If the officer doesn't appear, the court will dismiss the case. I'm assuming that you were in fact driving faster than the speed limit when you got pulled over, because if you weren't and can prove it, then you'd have an argument on the merits of the charge. You could also try the usual challenges to the accuracy of the speed measurement device [search these on the internet or consult with a local attorney who handles traffic cases] but the police are usually well prepared to respond to those challenges in court. If the officer does show up [and, in most jurisdictions most of the time, the officer will show up] and assuming you really were exceeding the speed limit by approximately the amount that the officer claimed that you were -- then all you can do is tell your story to the judge and hope the judge is inclined to be lenient. Depending on how fast you were going (how far over the speed limit), and depending on your traffic ticket history (how many you've had before and how recently), and depending on how sympathetic the court is to your situation, the court might be willing to let you do traffic school, or probation before judgment, or some other kind of diversion that, if successfully completed, would either eliminate the ticket entirely or just reduce the resulting points and fines. Suggest discussing your situation with a local attorney who handles traffic cases who can give you guidance on the particulars of your matter and on what the particular judge/court is likely to do with your specific facts.
  17. I have used information off this site in an essay that I am doing for university but low and behold I cannot find all the information I need to cite it. How the hell do I cite this site?
  18. So, the tailight was intermittently off. That is defective equipment in anyone's book and justifies a traffic stop. Follwing that it appears your friend has an outstanding warrant which justifies a search of his body pursuant to custody. What exactly doy ou think would require dismissal of any of the charges?
  19. When I was ~10 years old (this would be circa 1986), I found two traffic signs next to the dumpster in our apartment complex. These did not appear to be ordinary street signs, as they were much larger most likely intended for use on highways. There were no stickers, tags, or other identifying markings on them. My mom called IDOT as well as our local public works department asking what to do. Neither department expressed any interest in them, since there was no indication they belonged to the state or the city. In fact I remember very specifically that IDOTeven said "Go ahead and keep it". So as far as the law goes, we did our due diligence and were given legal ownership of the signs 30 years ago. Fast forward to present day, and I was moving some of my possessions out of my apartment. I piled them into my wagon (yes I'm poor, I can't afford a vehicle) and was pulling it down the city street during midday without in any way acting suspicious. The wagon and its contents were in plain view, so there was no attempt to conceal what I was moving. Soon I was surrounded by three police cars including an unmarked detective car. I was told to stop where I was, and move away from the wagon with my hands in the air. They frisked me. Then one of the four officers asked why I had a street sign in my wagon. I explained that the sign belonged to me, and I was moving. He told me that it's illegal for me to be in possession of a traffic sign. I told him that is not true, since even apartment complexes and shopping malls have Stop signs on their property, and the business owners are not fined or arrested. He said if I don't cooperate he will have me arrested and then ordered me to turn over the sign. So I let him take it. Can city police confiscate legal property of citizens without suspicion of a crime? If this somehow falls under Civil Forfeiture, then aren't I supposed to be notified that the police are holding my property? I even called the police department's evidence room, and I was told they do not have a traffic sign. They didn't even have my personal information on file. What is going on?
  20. Kbatta

    Bad check

    Just received a notice stating there is a warrant for my arrest, spoke with the police department and they said the warrant is from 2000, 19 years ago, they said it was drawn on an account I had 20 years ago, I’m sure it’s been paid, I’ve been stopped for traffic infractions since, no one has said a word, I have had an account with my parents since, bank never said a word, the same police department has never said a word, even if I paid it I no longer have the records, it was 19 years ago, I called the bank, they don’t keep records that long, I’ve looked and the statute of limitations is one year, can they still prosecute me for that in NY State
  21. Probably not. But the warrant is active. Meaning that one day you get pulled over for a traffic infraction, the warrant comes up, and you spend several days in jail while you try to get it straightened out. I suggest you get yourself an attorney and get this taken care of before the stuff hits the fan.
  22. Hi, Friday my vehicle got impounded while I was trying to replace my battery, it overheated, & stopped so it's not like I had a choice on where to park it..however I pushed it out of traffic way& into a county road. While it took me awhile to locate help, take out my battery & find another ride back to my vehicle (approx 4 hours) I returned & it wasn't there so I found out that the town's city police dept. picked it up.. when I spoke to the lady she sounded like she was saying a bunch of excuses but we all know they like to make money obviously, so now my truck is staying there with NO BATTERY at the impound. So I feel like I was done wrong somewhere as I had no choice on any matter because my old lady wanted to stop. there. So my question is there a law that states that authorities shouldn't pick up a vehicle quickly? Example giving it maybe 6 hours, 12 even? giving the citizens a chance to repair? It is normal for vehicles to break down & sometimes it happens in unconvenient places & times. again, it was not in the way of traffic, also the road didn't have a shoulder.. which not my fault. Also when I pick up the vehicle do they just want the money (ins& all) or do they do a lookup on the owners record? any help is appreciated.
  23. We own a home in Macomb County, MI. The city has the usual laws, such as no noise from 10PM until 7AM, trash, rodents, etc. February 2017, a rental house across the street saw new tenants move in and they immediately started running a car repair "business" in the garage, driveway, and front lawn. This has brought much unasked for traffic to our street and this type of business is illegal. They work on vehicles from 5PM until about 3AM, every day of the week. We have complained to the City, they state they are having trouble contacting the owner. They have fined them and the owner, but the fines have gone unpaid. We have called Dispatch on nights at around midnight when they have been using very loud car repair tools, such as air compressors, only to have them not show up or give them yet another "warning", but no tickets. They started a fire on the lawn 3 times by using a gas welder out in the open near the gas lines of the vehicles, the fire dept. came, still nothing has been done. Every single night this happens and has been ongoing for 5 months. It is bringing traffic, there is loud noise every night until well into the morning, the property looks blighted and like a junkyard, torn apart cars all over the front. There is no "quiet enjoyment". The City and police have done very little to enforce their own laws. I know this is nuisance and after hours noise, what do we do next? Send the owner a letter? Sue in small claims? When the City has sent the letter with notices and fines to the owner, who lives 4 hours away, he does not answer or pay the fines. But no one has moved to evict these people and running an auto repair all night long in front of a personal home surrounded by other homes is obviously not legal. Any ideas?
  24. So, I am just looking for advice from those who have been in or through this situation in one way or another, just want some more opinions on the topic to help me understand why and what I should do if anything.... so here it goes... I went to work on 12-13-17 at 4:00 pm, I worked up until 9:24 pm, I am adding this information to start with because it was snowing since I came to work and past the time I left work. I take a mai road to and from work every single day, 224 in boardman Ohio to be exact. I was driving east bound to get home. Road conditions were very poor, so I had changed my cars settings from 2 wheel drive to 4 wheel drive and decided since it seemed the roads have not been salted nor plowed either that I should just drive a little under the speed limit, ten miles per hour under the speed limit to be exact. I didn’t feel safe going faster, especially because I have yet rock drive this current car in the snow. I have a 2002 Nissan Xterra. Anyhow, I’m on myself way home, there is some one riding up dangerously close to my back end, I’m assuming because I was going slowing that the maximum posted speed limit. I have to make a left turn off of this busy road in order to get home, my street I turn on is less than a half a mile away from my job, literally right down the road, so when I entered the road I was first in the right lane and when sage I proceeded to change into the left lane so that I wouldn’t have to try to quickly merge lanes later on, and that’s when this particular car eventually caught up to me and got too close for confront, I decided to get into the turning lane slightly earlier than I usually do because snow and this car that’s up my ass... turn signal was on, of course, but because of all of the snow I took my foot off of the gas as I merged into the turning to help me slow down without applying breaks just yet. Now I’m in the turning lane just fine, I put a little bit of pressure on my breaks and my back end begins to very slightly fish tail so I immediately take my foot off of the break and just sternly grip my steering wheel in place. This helped my vehicle to stop fish tailing, so again I tried applying light pressure to my breaks to slow down some more. My point was to make this turn as slow as possibly because I was consistently losing traction on this road and didn’t feel safe trying to make a quick turn. I had the green arrow allowing me to turn, it was a green arrow and green light for all cars going east bound. As I applied pressure to my breaks again, my car would not stop, it just felt like my car was ice skating honestly. So I tried applying a little more pressure, praying that my tires would catch some sort of traction, they never did. But my car was going slow enough to where it just slid me out into the middle of the intersection and slightly twisted me. When my car was fully stopped, i noticed that the lights had changed, east and west bound cars now had the green to go and the green arrow was done but my car was slid out into the intersection and I knew if I did not try to move I was going to get hit by oncoming traffic. So I apply pressure to my gas to try and move out of the way of oncoming traffic, I couldn’t continue on the road I was on because there were cars coming up behind me too closely to safely merge back on to the road rather than turning where I needed to, I wasn’t trying to get rear ended or hit at all for that matter. Being that I was already twisted slightly, I was facing the road I needed to turn on as well, so my safest way out seemed to go the direction my car was facing, but because of the snow/ice, I couldn’t simply flour my car, obviously, so I apply gas enough to get it to start budging for me, it begins moving but there’s a car coming towards me and he’s not slowing down at all until he’s under 100 feet from the intersection, so when he presses on his breaks, his car has no traction either and I can see him sliding towards me, I continue to try and move out of the way of him but there wasn’t enough time between both of our cars to get out of the way so my rear passenger side and his rear driver side make contact, and we slide slightly forward and the cars come to a stop. We’re blocking traffic so we both try and just move out of the way of everyone before getting out of our cars. The only damage done was a few dents and scratches. I received a citation for loss of control of vehicle, and I have no idea if he was cited this as well or not. The cop that came to the scene did his job, asked all the questions he had to, got our information etc. I’m not mad that I got the ticket, I understand why he gave it to me, I assume he has to give me something since a wreck occurred anyhow... but it makes me wonder if this other person involved would have got one too and if it’s worth trying to fight in court. The cop kept telling me to go to court, everyone else is telling me to go and try and fight it. I’ve never been in a wreck before, never even pulled over. This entire experience is brand new to me and I have no idea what to expect. I’m sorry this is so long but my head is clear and I wanted to make this as clear as I possibly could for the best possible responses in return. Should I bother trying to fight this in court like everyone is telling me? Is there a way to know if the other person received a citation as well? Does only one person get a citation?... why would the roads be left so unnattened on a main road in the first place? I have so many questions I don’t know where to begin. I just feel lost and am really hating my self and this experience for happening, but I am still relieved to know no one was hurt, air bags never deployed, and our cars only received dents and scratches, regardless of what happens. The time it took the cop to get everything he needed, there were AT LEAST ten other crashes reported on his radio around the same road/area...... that’s crazy to me....
  25. I'm a resident of Lake Elsinore, CA, the place that the entire country is currently losing its collective mind over because of an extremely rare superbloom of poppies all over our mountains. Last weekend, officials estimate nearly 100,000 tourists descended on our tiny town with a population of 66,000. The city's solution was to cut off traffic to 2 of the 3 exits to the city and prohibit residents from leaving or returning to the city. Poppy tourists were permitted free reign. Today, the city held a press conference and stated they again plan to put up road blocks at the same two points. Again, residents will not be allowed through them. We are literally being held prisoner in our homes. Do we have any legal recourse? Grounds for a class action lawsuit? That they're keeping us trapped seems not only wrong but of questionable legality.
×
×
  • Create New...