These rules govern the procedure in an appeal to the Cleveland Municipal Court from any judgment or default judgment of the Parking Violations Bureau of the City of Cleveland, (hereafter referred to as the P.V.B.), pursuant to Section 459.07 of the Codified Ordinances of the City of Cleveland and Ohio Revised Code Section 4521.08(D).
Any person against whom a judgment or default judgment is entered pursuant to this section, or the City of Cleveland if judgment is entered against the city pursuant to this section, may appeal the judgment or default judgment by filing a timely notice of appeal with the Clerk of Court’s Civil Division pursuant to the rules below.
The appealing party must properly file his or her notice of appeal and pay all required costs with the Clerk of Court’s Civil Division between the hours of 8:00 a.m. and 3:45 p.m., Monday through Friday. The appeal shall be filed within fifteen (15) days of the date of journalization of the decision of the P.V.B. hearing officer.
The filing of the notice of appeal and the payment of the filing fee shall result in an automatic stay of the execution of the P.V.B. judgment and costs being appealed in this matter. If the appealing party wins the appeal, the entire amount of his or her filing fees (except transcript costs) and any moneys previously posted in this matter with the Clerk of Court shall be returned.
The appeal must be filed on the “Notice of Appeal” form provided by the P.V.B. or the Clerk of Court or on a duplicate thereof. A “Statement of Evidence” form shall also be available from the P.V.B. or the Clerk of Court, if requested.
The P.V.B. shall be located on the second floor of the Justice Center and shall be open between the hours of 8:00 a.m. and 8:00 p.m. Monday through Friday and closed on Saturday and Sunday.
If the appealing party desires a transcript to be included with the notice of appeal, that party must make the necessary arrangements with the P.V.B., and pre-pay the estimated cost of the transcript at the time of the filing of the appeal. Any underestimated differential must be paid prior to the hearing date. Transcript costs are not refundable, even if appellant wins.
If a statement of evidence is to be included instead of a transcript, it must be submitted by the appealing party at the time of filing. The opposing party may file his or her own statement of evidence if he or she disagrees with the statement of evidence filed by the appealing party.
Because the statute does not provide the P.V.B. hearing officer with the power to subpoena witnesses on behalf of the parties, the parties to the appeal shall have the right to subpoena witnesses to the appeal hearing who were unavailable or unwilling to attend the original hearing. The costs and the rules for the filing of such subpoenas shall be determined by the existing local and civil rules regarding subpoenas in civil matters.