343.04 NOTICE OF LIABILITY.

   (a)   The notice of liability shall be processed by the City of Hamilton Division of Police or its designee and shall be served by first-class 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 name and badge number of the law enforcement officer who was present at the system location at the time of the violation;

      (8)   The amount of the civil penalty imposed, the date by which the civil penalty is required to be paid, and the address to which the payment is to be sent.

      (9)   A statement signed by a law enforcement officer employed by the local authority indicating that, based on an inspection of recorded images, the motor vehicle was involved in a traffic law violation, and a statement indicating that the recorded images are prima facie evidence of that traffic law violation both of which may be signed electronically;

      (10)   Information advising the person alleged to be liable of the options as provided in Section 343.03 and 343.07, specifically to include the time, place, and manner in which an administrative appeal may be initiated and the procedure for disclaiming liability by submitting an affidavit as prescribed in Section 343.03 and contesting liability as prescribed in Section 343.07.

      (11)   A warning that failure to exercise one of the options prescribed in Section 343.07 in a timely manner is deemed to be an admission of liability and waiver of the opportunity to contest the violation.

   (b)   A notice of liability issued under this section shall be mailed no later than fifteen (15) calendar days after the alleged violation.

   (c)   Except as provided under Section 343.07(d), the City of Hamilton Division of Police or its designee may not knowingly 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 Section 343.03(a).

   (e)   Nothing in this section shall be construed to limit the liability of an owner of a vehicle for any violation of Section 343.03(a).

(Ord. 2016-12-121. Passed 12-21-16.)