§ 74-77. The Winter Garden Code Enforcement Board's duties and powers as the official appeals board for parking violations.

(a)

The Winter Garden Code Enforcement Board, "board," is designated as the official appeals board for parking violations. The board shall have the following powers and duties:

(1)

To hear contests to parking citations issued by the City of Winter Garden and receive and evaluate evidence in connection therewith; and

(2)

To make a determination, based upon the preponderance of the evidence, as to whether the parking violation(s) listed in a citation were committed; and

(3)

To impose fines and fees, including late fees and administrative charges, consistent with this chapter.

(b)

Four members of the board shall constitute a quorum, and no action may be taken if less than four members are present and voting.

(c)

The board shall adopt rules for transaction of its business and shall keep a record of its resolutions, transactions, actions, findings and determinations. Meetings of the board shall be held in conjunction with regular meetings of code enforcement board at the call of the chairperson and at such times as the board may determine, and if the chief of police or his designee requests a meeting of the board to consider a contested citation as provided in section 74-72 of this chapter or as provided in other provisions of the City Code, then the chairperson shall call a meeting of the board within 30 days of such request.

(d)

With respect to parking citations issued for violations of chapter 74 of the City Code, if the board determines that the parking violation(s) listed in the contested parking citation were in fact committed, the board may impose a fine of up to $50.00 for each violation or $250.00 for each disabled parking violation, plus hearing costs for the issuing officer's attendance. If the board determines the parking violation(s) listed in the contesting affidavit were not committed, then the contested parking violation shall be dismissed and the filing fee shall be refunded.

(e)

Formal rules of evidence shall not apply at the hearing on the appeal and any relevant evidence may be admitted. Hearsay evidence may be admitted, but shall not form the sole basis upon which the board's decision is made. Irrelevant and unduly repetitious evidence may be excluded. The hearing shall be conducted in a manner to ensure that procedural and substantive due process is afforded the person filing the appeal to the board.

(f)

The decision of the board shall be the final action by the city.

(g)

This ordinance provides supplemental authority to the city for the enforcement of parking requirements, and the city, in its discretion, may pursue any and all other available mechanisms for the enforcement of applicable parking requirements and regulations.

(Ord. No. 10-14, § 2, 3-25-10)