(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)