Appeal A Parking Citation

Judge's Gavel

City of Santa Fe passed Ordinance No. 2016-3 on January 13, 2016 which amended Article IX and Article XII of the Uniform Traffic Ordinance and established that all parking citations are civil parking citations and subject to administrative adjudication and collection by an admistrative and collection agency. This amendment applies to all parking violations issued on and after Tuesday, March 1, 2016.

To dispute a parking citation that was issued on or before Monday, February 29, 2016, you must appear in Municipal Court. 

For more information about the Municipal Court, please visit their homepage or contact a Municipal Court representative at (505) 955-5070. 

To dispute a parking citation that was issued on or after Tuesday, March 1, 2016, you must do the following within fifteen (15) days from the date of issuance: 

Request for Administrative Review: The recipient of a parking citation may submit in writing within fifteen (15) days from the date of issuance of the parking citation or date of notice, a request for an Administrative Review of the citation. Visit the Parking Division Administrative Office or submit your Administrative Review Request online. Parking Violations Bureau (PVB) staff will conduct an administrative review based upon the evidence provided and make a decision regarding the citizen’s review request. Appellants will be notified of the decision within four (4) weeks via letter to the address provided in their request. Submit your original citation and a written, signed formal request for administrative review to The City of Santa Fe Parking Division Violations Bureau, PO Box 909, Santa Fe, NM 87504-0909. You may also email [bot protected email address].

Request for Administrative Hearing: If all PVB defined requirements are met, and a request for an Administrative Hearing has been received from the registered owner within fifteen (15) days following the mailing date of the Administrative Review decision, PVB staff shall schedule a Hearing with the Hearing Officer within five (5) business days from date of receipt of the request for an Administrative Hearing. The Administrative Hearing date will be selected based on the Hearing Officer’s schedule and availability. Citizen’s availability will be accommodated based upon the Hearing Officer’s schedule and availability. An amount equal to the original citation fine amount shall be submitted with the request for an Administrative Hearing, and this payment will be held as a deposit until a decision has been made by the Hearing Officer. If the decision of the Hearing Officer is in favor of the appellant, then the deposited amount will be returned to the registered owner of the vehicle, or if the deposit was made in the form of a check, then the deposit will be returned to the account holder of the checking account.  If the Hearing Officer decides to uphold the citation, then the deposited amount shall be applied to other unpaid parking citations directly linked to the registered owner in the order of the oldest citation being paid first until the deposited amount is fully consumed. Should a balance of the deposited amount remain after all outstanding citations have been paid, then the remaining balance will be returned to the registered owner, or if the deposit was made in the form of a check, then the balance of the deposit will be returned to the account holder of the checking account.

If an appeal is denied by the Hearing Officer, the appellant may file an appeal in the First Judicial District Court, County of Santa Fe, under Rule 1-074 NMRA. If the Court rules in favor of the appellant, the citation account will be closed, no further action by the appellant will be necessary, and the amount of the citation which was previously deposited with the city will be reimbursed to the appellant by the PVB.

If the city does not receive payment of the fine or a request for Administrative Review within fifteen (15) days from the date of issuance of the parking citation or date of first notice, the registered owner is in default. Default automatically results in liability to the registered owner of the vehicle for the violation and the registered owner is barred from requesting or obtaining any hearing after the date of the default. Additional penalties as defined in 12-9-4.4A will be added to the original fine amount for all non-disability parking citations. The Parking Violations Bureau shall mail the notice of default to the defaulting party. The notice of default shall inform the recipient that they have fifteen (15) days from the date of mailing of the notice of default to pay the fine and default penalty. If the default is not cured within fifteen (15) days, the city may pursue all remedies for collection of a debt including turning over the amount to an outside collection agency and reporting to all major credit bureaus and is entitled to an award of reasonable attorney's fees incurred. An uncured notice of default shall be entered into the records of the Parking Violations Bureau. Defaulting accounts, including collections agency fees, shall be promptly sent to a contracted collection agency, and once sent to a collection agency the default may only be cured by payment directly to the collection agency.

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