Section 19-207. Judgments  


Latest version.
  • a. The hearing officer shall make a determination
      on the charges, either sustaining or dismissing them. Where the  hearing
      officer  determines  that  the charges have been sustained he or she may
      examine the parking violations record of the  person  charged  prior  to
      rendering  a  judgment. Judgments sustaining or dismissing charges shall
      be entered on a judgment roll maintained by  the  bureau  together  with
      records showing payment and non-payment of penalties.
        b.  Where  an  operator  or owner fails to enter a plea to a charge of
      parking violation or fails to appear on a  designated  hearing  date  or
      subsequent  adjourned  date, as prescribed by this chapter or by rule or
      regulation of the bureau, such failure to plead or to  appear  shall  be
      deemed, for all purposes, an admission of liability and shall be grounds
      for  rendering  and  entering  a  default  judgment.  However, after the
      expiration of the time prescribed for  entering  a  plea  or  making  an
      appearance, and before such default judgment may be rendered, the bureau
      shall  notify  such  operator  or  owner,  by  ordinary  mail (1) of the
      violation charge, (2) of the impending default judgment, and (3) that  a
      default may be avoided by entering a plea or making an appearance within
      thirty  days of the sending of such notice. Pleas entered or appearances
      made within that period shall be in the manner prescribed in the  notice
      and  not  subject to additional penalty or fee. Such notice of impending
      default judgment shall not be required prior to the rendering and  entry
      thereof  in the case of operators or owners who are non-residents of the
      state of New York. In no case shall a default judgment be  rendered  or,
      where  required,  a  notice  of impending default judgment be sent, more
      than two years after the expiration of the time prescribed for  entering
      a plea or making an appearance.