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§ 77.04  NOTICE OF LIABILITY.
   (A)   The notice of liability shall be processed by the Elmwood Place Police Department or its designee and shall be served by ordinary mail to the owner's address as given on the motor vehicle registration from the Bureau of Motor Vehicles, or its equivalent, of the state registered. The notice of liability shall include:
      (1)   The name and address of the registered owner of the motor vehicle;
      (2)   The license plate number of the motor vehicle involved in the violation;
      (3)   The violation charged;
      (4)   The location of the violation;
      (5)   The date and time of the violation;
      (6)   A copy of the recorded image(s);
      (7)   The amount of the civil penalty imposed and the date by which the civil penalty should be paid and where the payment should be made;
      (8)   Information advising the person alleged to be liable of the options as provided in § 77.03; and
      (9)   The time, place, and manner in which an administrative appeal can be initiated and a warning that failure to exercise the options provided under § 77.06 in a timely manner is an admission of liability.
   (B)   A notice of liability issued under this chapter shall be mailed no later than 15 calendar days after the alleged violation.
   (C)   Except as provided under § 77.03(C), the Elmwood Place Police Department or its designee may not mail a notice of liability to a person who is not the owner of the motor vehicle.
   (D)   It is prima facie evidence that the person registered as the owner of the vehicle with the Ohio Bureau of Motor Vehicles (or with any other state vehicle registration office) was operating the vehicle at the time of the offense set out in § 77.03(B) and (C).
   (E)   Nothing in this section shall be construed to limit the liability of an owner of a vehicle for any violation of § 77.03(B) or (C).
(Ord. 09-12, passed 7-10-2012)
§ 77.05  CIVIL PENALTIES.
   (A)   Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, or unless one of the exceptions or defenses to liability set forth in § 77.03(E) and (F) applies, the owner or responsible party for the motor vehicle is subject to a civil penalty if the motor vehicle is recorded by an automated speed enforcement system while being operated in violation of this chapter.
   (B)   The civil penalty under this ordinance shall be in accordance with the following schedule:
      (1)   If the civil penalty is paid within 20 calendar days of the date of issuance of the notice of liability - $105;
      (2)   If the civil penalty is paid more than 20 calendar days, but within 45 calendar days after date of issuance of the notice of liability - $135;
      (3)   If the civil penalty is paid more than 45 calendar days of the date of issuance of the notice of liability - $195;
      (4)   The failure to respond to a "Notice of Liability" in a timely fashion as set forth in § 77.03(B) shall constitute a waiver of the right to contest liability for the violation under division (C) of this section. Said failure shall result in an additional penalty of $25.
      (5)   Persons who choose to pay the civil penalty without appearing before a Hearing Officer may do so in the manner indicated on the notice of liability.
      (6)   A violation for which a civil penalty is imposed under this chapter is not a moving violation for the purpose of assessing points under R.C. § 4507.021 for minor misdemeanor moving traffic offenses and may not be recorded on the driving record of the owner or operator of the motor vehicle and shall not be reported to Bureau of Motor Vehicles.
(Ord. 09-12, passed 7-10-2012)
§ 77.06  COLLECTION OF CIVIL PENALTY.
   If the civil penalty is not paid, the civil penalty imposed under the provisions of this chapter shall be collectable, together with any interest and penalties thereon, in any manner authorized by law including but not limited to civil suit.
(Ord. 09-12, passed 7-10-2012)
§ 77.07  ADMINISTRATIVE APPEAL.
   (A)   An owner or responsible party who receives a "notice of liability," under this chapter may do one of the following:
      (1)   Pay the civil penalty, in accordance with the instructions on the notice of liability;
      (2)   Within 60 calendar days of the date of issuance of the notice of liability provide the Elmwood Place Police Department or its designee, information as to the driver of the motor vehicle at the time of the violation; or
      (3)   Contest the notice of liability by filing a written request for review of the notice of liability. A written notice of request for review must be filed within 20 calendar days after issuance of the notice of liability. The failure to give notice of request for review within this time period shall constitute a waiver of the right to contest the notice of liability. A Hearing Officer shall hear reviews. Hearings shall be held within 20 business days of the receipt of the request for review; this time may be extended upon a written request for additional time.
         (a)   The Hearing Officer shall determine whether a preponderance of evidence establishes that a violation of this chapter occurred and the person requesting a review is liable. A certified copy of the notice of liability alleging the violation of this chapter occurred, sworn to or affirmed by a duly authorized Elmwood Place Police Officer, with the recorded images or data produced by an automated speed enforcement system shall be prima facie evidence of the facts contained therein and shall be admissible in a proceeding alleging a violation under this chapter.  Adjudication of liability shall be based on a preponderance of the evidence.
         (b)   If the Hearing Officer finds a sufficient evidence of a violation, but the owner or responsible party is not liable, the Hearing Officer shall, in writing, issue a decision finding the owner or responsible party not liable and submit it to the Elmwood Place Police Department.
   (B)   If the owner or responsible party chooses to contest the notice of liability, the Hearing Officer may consider any of the following as an affirmative defense of a violation upon the defense being established by a preponderance of the evidence by the owner or responsible party:
      (1)   That the motor vehicle or license plates of the motor vehicle were stolen before the violation occurred and were not under control or possession of the owner at the time of the violation.  In order to demonstrate that the motor vehicle or license plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a police report about the stolen motor vehicle or license plates was filed prior to the violation or within 48 hours after the violation occurred.
      (2)   That the motor vehicle was under the custody and/or control of another person at the time of the violation.  In order to establish this, the owner or responsible person must provide the name and address of the person who had custody and/or control of the motor vehicle at the time of the violation.
      (3)   That this section is unenforceable because at the time and place of the alleged violation, the automated speed enforcement was not in proper position and the recorded image is not legible enough to determine the information needed.
      (4)   Evidence, other than that adduced pursuant to § 77.06(B)(1), that the owner or person named in the notice of liability was not operating the motor vehicle at the time of the violation.  To satisfy the evidentiary burden under this division (B)(4), the owner or person named in the notice of liability shall provide to the Hearing Officer evidence showing the identity of the person who was operating the motor vehicle at the time of the violation, including, but not limited to, the operator's name and current address, and any other evidence the Hearing Officer deems pertinent.
   (C)   If the Hearing Officer finds that the person or entity named in the notice of liability was not operating the motor vehicle at the time of the violation or receives evidence under § 77.06(B)(4) identifying the person driving the motor vehicle at the time of the violation, the Hearing Officer shall provide to the Elmwood Place Police Department or its designee within five calendar days, a copy of any evidence substantiating who was operating the motor vehicle at the time of the violation.
      (1)   Upon receipt of evidence of the responsible party pursuant to this division (C)(1) or pursuant to § 77.03(B) and (C), the Elmwood Place Police Department or its designee may issue a notice of liability, with the name and address of the responsible party and the information required by § 77.04, to the person that the evidence indicates was operating the motor vehicle at the time of the violation.
      (2)   A notice of liability issued under § 77.04, shall be sent by the village or its designee by ordinary mail no later than 15 business days after the receipt of the evidence from the Hearing Officer or the owner.
   (D)   If the owner or responsible party chooses to contest the notice of liability, the Hearing Officer shall administer a $25 fee per notice of liability contested.  The Hearing Officer may waive this administrative hearing fee only if the owner or responsible person pleads guilty prior to commencement of the hearing.
(Ord. 09-12, passed 7-10-2012; Am. Ord. 10-12, passed 9-11-2012; Am. Ord. 12-12, passed 10-22-2012)