§ 11-58. Procedure when parking violator fails to pay uncontested penalty or contests citation.  


Latest version.
  • (a)

    In the event that a person receiving a citation for parking a vehicle in violation of this article does not pay the fine due within five days and does not notify the sheriff or his designated agent of his intention to contest the citation within the same five days, both as required or permitted by other sections of this article, the sheriff or his designated agent shall notify such person, by letter addressed to the person's last known address, or the address shown for such violator on the records of the division, that he may pay any fine required by law for such violation within five days of receipt of such notice, and that if he fails to do so, a summons or other appropriate process may issue against him. The notice required by this section shall be sent in an envelope bearing the words "Law-Enforcement Notice" stamped or printed thereon in letters at least one-half inch in height. In the event that such person does not pay any fine required by law within the five days provided herein, the citation shall be deemed delinquent.

    (b)

    If a citation becomes delinquent in accordance with this section, the officer issuing the citation shall promptly be so informed and he shall cause a summons to be issued against the person to whom the citation was issued. In the event the officer issuing the original citation does not or cannot cause a summons to be issued in accordance with this section, the sheriff or his designated agent may cause such summons to be issued. Such summons shall be in a form, and shall be served, as provided by law, and trial thereon shall be trial of the original parking citation.

    (c)

    In the event that a summons is issued as provided hereby, the person against whom such summons shall have been issued may avoid such a summons only by paying to the clerk of the district court the minimum fine established for the violation, and the costs required by said clerk. If the prepayment requirements of this subsection are not complied with, the court shall proceed to hear and determine the case in accordance with law. (10-1-92; 9-21-17.)

    (STATE LAW REFERENCE—Requirement for notice as provided for in subsection (a), Code of Virginia, Sec. 46.2-941; ordinance to provide for issuance of summons for delinquent parking citation, Sec. 46.2-1225.)