(a) When a person is personally or constructively served with a parking ticket charging the commission of a parking infraction and the person fails to answer the charge within the time specified by the local authority, the Village shall issue a notice of infraction and send such notification of infraction as follows:
(1) If the person who fails to answer was the operator of the vehicle involved in the parking infraction at the time of the commission of the parking infraction and was personally served with the parking ticket, a notification of the infraction shall be sent to that person, and additionally if such person is not the owner of the vehicle, as determined from the records of the Bureau of Motor Vehicles, a notification of infraction also shall be sent to the owner at his most recent address appearing in such records;
(2) If the person was constructively served with the parking ticket, a notification of infraction shall be sent to the owner at his or her most recent address appearing in the records of the Bureau of Motor Vehicles;
(3) All citations that are unanswered or citations that have been answered but the fine has not been paid may be referred by the Village and may be filed with the Noble County Court for prosecution.
(b) A notification of the infraction shall be sent within twelve months after the expiration of the time specified in Section 456.03 for the marking of an answer, shall be sent by first class mail, and shall contain all of the following:
(1) An identification of the parking infraction with which the person was charged and the time and date of the parking infraction, which identification may be a copy of the parking ticket charging the parking infraction that was personally or constructively served upon the person;
(2) An identification of the amount of the fine, penalties, and costs arising out of the parking infraction that are due;
(3) A warning that the person must answer the parking infraction charged in the ticket within thirty days or a default civil judgment in the amount of the fine, penalties, and costs due may be entered against the person;
(4) A description of the allowable answers that may be made and notification that the person will be afforded a hearing before the Mayor or his or her designee if he or she denies in his or her answer that he or she committed the parking infraction;
(5) An identification of the manners in which and the entity to which an answer may be made;
(6) A warning that if the person fails to appear at a requested hearing, a default civil judgment in the amount of the fine, penalties, and costs due may be entered against the person;
(7) A warning that the registration of the vehicle involved in the parking infraction, if the vehicle is registered in this state, may not be renewed or transferred if a civil judgment or a default civil judgment is entered against the person until the judgment is paid or until it is otherwise finally disposed of in a manner specified in this chapter.
(c) A person who receives a notification of infraction pursuant to this section may answer the parking infraction with which he or she is charged that is identified in the notification of infraction in any of the manners provided in Section 456.03. An answer under this section shall be made within ten days after the date on which the notification of the infraction was mailed. The answer shall be governed by the provisions of Section 456.03 for answers relative to parking infractions charged in a parking ticket.
(d) If a person who is issued a notification of infraction fails to timely answer, as provided in division (c) of this section, the failure to answer shall be considered an admission that the person committed the parking infraction.
(Ord. 2014-08. Passed 8-11-14.)