§ 18-2-701. AUTHORITY OF THE DIRECTOR OF BUDGET AND FINANCE.  


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  • (a)

    Authorized. The Director of Budget and Finance may:

    (1)

    Subject to the approval of the County Administrative Officer, adopt and amend regulations necessary or proper to collect the fines and penalties imposed by this title and to define any terms used in connection with the collection of fines and penalties;

    (2)

    Waive all fines, penalties, charges, and costs if:

    (i)

    There has been a material error in the preparation of the violation notice; or

    (ii)

    The violation notice was not validly issued;

    (3)

    Delegate to an agent, representative, or employee of the Director of Budget and Finance or the county any of the Director's powers, duties, or functions in connection with the collection of the fines, penalties, charges, and costs imposed by this title and the enforcement of the related provisions;

    (4)

    Refund the amount of any overpayment of any charge paid in error within 3 years after the date of payment;

    (5)

    In accordance with the regulations, refund or waive collateral, towing charges, and storage costs when, in the opinion of the Director of Budget and Finance, these charges have been improperly assessed;

    (6)

    Declare invalid and cancel a violation notice for a stopping, standing, or parking violation:

    (i)

    If there was a defect in the traffic-control device related to the device's regulation of stopping, standing, or parking; or

    (ii)

    Where there has been insufficient or improper notice of violation; and

    (7)

    Waive up to half of all penalties and charges imposed on a person at the Director's discretion.

    (b)

    Further requirements for refunds. The Director of Budget and Finance shall document in a monthly report any action taken in accordance with subsection (a)(4) or (5) of this section and submit the report to the County Administrative Officer for review.

    (c)

    Further requirements for cancellation.

    (1)

    The Director of Budget and Finance may not authorize the cancellation of a violation notice under subsection (a)(6) of this section if the reasons for cancellation are dependent on the verbal account of the parties directly concerned.

    (2)

    The Director of Budget and Finance shall document in full the reasons for authorizing the cancellation of a violation notice.

    (d)

    Required. The Director of Budget and Finance shall:

    (1)

    Control the issuance of prenumbered violation notice forms to the Police Department and designated parking enforcement officers; and

    (2)

    Record the final disposition of each violation notice.

    (e)

    Fines payable to the Director. All fines imposed under this title are payable to the Director of Budget and Finance.

(1988 Code, §§ 21-66, 21-70) (Bill No. 65-93, § 1, 6-2-1993; Bill No. 49-96, § 12, 7-1-1996; Bill No. 66-01, § 2, 7-1-2004; Bill No. 70-08, § 2, 8-17-2008)