§ 10.32.110. Administrative review—Appeal to court—Effect of decision.

A.

In accordance with Vehicle Code Section 40230, a person contesting a final decision under Section 10.32.080 may seek review of such decision by filing an appeal, within twenty days after the mailing or personal delivery of the decision, with the Napa County municipal court. For purpose of computing the twenty-day period, Section 1013 of the Code of Civil Procedure shall be applicable. Such appeal shall be accompanied by the twenty-five dollar filing fee required by Vehicle Code Section 40230(b), which shall be retained by the court regardless of the outcome of the appeal.

B.

A copy of the notice of appeal shall be served in person or by first-class mail by the contestant upon the contract processing agency and the sheriff.

C.

Within fifteen days of the filing of the notice of appeal, the contract processing agency shall deliver its file to the court.

D.

The court shall notify the contestant of the appearance date by mail or personal delivery.

E.

The appeal shall be heard de novo, except that the content of the contract processing agency's file in the case shall be received in evidence and a copy of the notice of violation and/or notice of delinquent violation shall be admitted into evidence as prima facie evidence of the facts stated therein.

F.

If the decision upon appeal is against the contestant and the civil penalty (including all fees and assessments) was deposited in full, the county shall retain the deposit. If the decision upon appeal is against the contestant and no deposit or only a partial deposit was made of the civil penalty, fees, and assessments due, the sheriff may proceed to collect the full amount by any of the methods specified in Vehicle Code Sections 40220 through 40224, including notification of the State Department of Motor Vehicles and/or the filing of a civil judgment. If the decision on appeal is for the contestant and a deposit of the civil penalty has been made, the deposit plus twenty-five dollars shall be returned to the contestant. If the decision on appeal is for the contestant but no deposit of the civil penalty was made, the county shall return twenty-five dollars to the contestant.

G.

If no notice of appeal is filed within the time period set forth in subsection (A) of this section, the decision of the hearing examiner shall be deemed final and the sheriff may proceed to collect the civil penalty and all related fees and assessments in any fashion authorized by Vehicle Code Sections 40220 through 40224, including notification of the State Department of Motor Vehicles and/or the filing of a civil judgment in municipal court, the fee for which shall be paid by the county and assessed in the judgment as part of the costs thereof.

(Ord. 1055 § 11 (part), 1993: prior code § 4810)