(A) (1) A notice of impending driver’s license suspension shall be sent to the person liable for any fine or penalty that remains due and owing on five or more violations of this subchapter. The notice of impending driver’s license suspension shall state the following information:
(a) The failure to pay the fine owing within 45 days of the notice’s date will result in the city notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under § 6-306.5 of the Code;
(b) A statement that the person may obtain a copy of the original ticket imposing a fine by sending a self-addressed, stamped envelope to the city along with a request for the copy.
(2) The Traffic-Control Administrator, by certified report, shall request that the Secretary of State suspend the driving privileges of an owner of a registered vehicle who has failed to pay any fine or penalty due and owing as a result of five automated traffic violations. The report shall be certified and contain the following:
(a) The name, last known address as recorded with the Secretary of State, as provided by the lessor of the cited vehicle at the time of lease, or as recorded in a United States Post Office approved database if any notice sent under this subchapter is returned as undeliverable, and driver license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered to such person in a state;
(b) The name of the municipality making the report pursuant to this section: and
(c) A statement that a notice of impending driver license suspension has been sent to the person named in the report at the address recorded with the Secretary of State or at the last address known to the lessor of the cited vehicle at the time of the lease or, if any notice sent under this subchapter is returned as undeliverable at the last known address recorded at a United States Post Office approved database; the date on which such notice was sent; and address to which such notice was sent.
(3) The Traffic-Control Administrator shall notify the Secretary of State whenever a person named in the certified report has paid the previously recorded fine or penalty or whenever the municipality determines that the original report was in error. A certified copy of such notification shall also be given upon request and at no additional charge to the person named therein.
(B) (1) If the Administrator provides a suspension notice to a vehicle owner and subsequently makes a certified report to the Secretary, the subject vehicle owner may challenge the accuracy of the certified report in writing. To do so, the vehicle owner must submit to the Administrator a written statement under oath, together with any supporting documentation, establishing one of the following grounds for challenging the accuracy of the certified report:
(a) The person was not the owner or lessee of the subject vehicle or vehicles receiving five or more automated traffic law violations on the date or dates such violation notices were issued; or
(b) The person already paid the fines or penalties for the five or more automated traffic law violations indicated on the certified report.
(2) Such statement and supporting documentation must be sent to the Administrator by certified mail, return receipt requested, or hand- delivered to the Administrator within five days after the person receives notice from the Secretary that the person’s driver license will be suspended at the end of a specified period of time unless the Secretary is presented with a notice from the city certifying that the fines or penalties due and owing have been paid or that the inclusion of the person’s name on the certified report was i n error.
(Prior Code, § 70.069) (Ord. 07-060, passed 2-27-2007; Ord. 2014-052, passed 11-11-2014; Ord. 2016-001, passed 1-12-2016)