(a) A person or entity named in a Notice of Liability under this Section may do any one of the following:
(1) Pay the civil penalty, in accordance with instructions on the Notice of Liability, thereby waiving the opportunity to contest the violation and admitting liability; or
(2) Within thirty (30) calendar days from issuance of the Notice of Liability, provide the Police Department one of the affidavits described at Section 567.04(f) herein; in the case of a "motor vehicle leasing dealer” or "motor vehicle renting dealer” as defined in Ohio Revised Code 4511.092, provide the Police Department the name and address of the vehicle's lessee or renter at the time of the violation as described at Section 567.04(g) herein; or
(3) Contest the Notice of Liability by filing both a written request for a hearing to review of the Notice of Liability and payment of $50 as an administrative hearing bond with the Police Department or its designee. Said written request and bond payment must be filed within thirty (30) calendar days after issuance of the Notice of Liability. Failure to request review and pay the bond amount within this time period shall constitute a waiver of the right to contest the violation, a waiver of all legal defenses that could have been asserted, and an admission of liability. The administrative hearing bond shall be refunded if the person or entity named in a Notice of Liability is found not liable.
(b) When a person or entity named in a Notice of Liability chooses to contest the Notice of Liability and timely completes the requirements in Section 567.06(a)(3), the following shall apply.
(1) A Hearing Officer selected by the City of Lancaster shall hear reviews. A hearing shall be held within twenty-one (21) business days after filing of a written request for review and administrative bond as set forth in subsection (a)(3) of this section. This time may be extended upon a written request for additional time.
(2) The hearing shall be open to the public, and a docket shall be posted in a conspicuous place near the entrance to the hearing room that shall identify, by respondent, the hearings scheduled for that day and the time of each hearing. More than one hearing may be scheduled for the same time to allow for such things as non-appearances or admissions of liability. The Hearing Officer shall determine whether a preponderance of evidence establishes that a violation of this section occurred and the person or entity requesting the review is party operating the vehicle at the time of the violation. The Hearing Officer shall advise the person or entity of the Hearing Officer's decision.
(3) If the Hearing Officer finds sufficient evidence of a violation, but the person or entity named in the Notice of Liability is not the party operating the vehicle at the time of the violation, the Hearing Officer shall issue a written decision finding the individual not liable and submit it to the Police Department or its designee.
(4) In determining whether the person or entity named in the Notice of Liability is liable, the Hearing Officer may consider any of the following as an affirmative defense of a violation:
A. That the vehicle caused the infraction in order to yield the right-of-way to an emergency vehicle in accordance with Ohio Revised Code Section 4511.45, or to a funeral procession in accordance with Section 4511.451.
B. That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the Registered Owner at the time of the violation. In order to demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the Registered Owner at the time of the violation, the Registered Owner must submit proof that a police report about the stolen motor vehicle or registration plates was filed prior to the violation or within 48 hours after the violation occurred.
C. That this chapter is unenforceable because at the time and place of the alleged violation, the DMT system was not in proper position and the recorded image is not legible enough to determine the information needed.
D. Substantial and convincing evidence that the Registered Owner or person or entity named in the Notice of Liability was not the party operating the vehicle at the time of the violation. To satisfy the evidentiary burden under this subsection, the Registered Owner or person or entity named in the Notice of Liability shall provide to the Hearing Officer evidence showing the identity of the person operating the vehicle at the time of the violation, including, at a minimum, such person's name and current address, and any other evidence that the Hearing Officer deems pertinent (also known as a "Designated Party").
(c) If the Hearing Officer finds that the person or entity named in the Notice of Liability was not the person operating the vehicle at the time of the violation or receives evidence identifying the Designated Party, the Hearing Officer shall provide to the Police Department or its designee within five (5) calendar days, a copy of any evidence substantiating the identity of the Designated Party.
(1) Upon receipt of evidence of the identity of the Designated Party, the Police Department or its designee may issue a Notice of Liability to the Designated Party.
(2) A Notice of Liability issued under this subsection (c)(2) shall be sent by ordinary mail no later than twenty-one (21) business days after receipt of the evidence from the Hearing Officer or the Registered Owner of the Designated Party's identity.
(3) The content of a Notice of Liability issued under this subsection shall be the same as set forth in Section 567.05(a) above, and the applicable procedures shall be the same as set forth in subsection (a) above.
(Ord. 16-13. Passed 9-9-13.)