(A) The registered owner or lessee of a motor vehicle being operated in violation of an automated traffic law violation herein may request a hearing in persona to challenge the evidence or contest the citation by mall. The violation notice shall be prima facie evidence of a violation, subject to rebuttal on the basis of applicable defenses. Formal rules of evidence will not apply at the hearing. Hearings shall be recorded, and the hearing officer shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant book and papers. Persons appearing at the hearing may be represented by counsel at their own expense. A registered owner or lessee that fails to appear at a hearing, which he or she has requested will be found in default and a final determination will be entered.
(B) The following may be considered defenses by the hearing officer for a violation:
(1) The operator of the vehicle was issued a uniform traffic control citation by a police officer for the same incident;
(2) The motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation. Provided, however, 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 owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(3) The vehicle was leased to another, and within 60 days after the citation was mailed to the lessor, lessor submitted to the city, together with a copy of the lease agreement, the lessee's driver's license number, and any additional information as may be required; or
(4) The operator of the vehicle passed through the intersection when the light was red in order to yield the right-of-way to an emergency vehicle or as part of a funeral procession.
(C) Any person challenging a citation by mail shall send a signed statement, together with any supporting documentation, to the administrator via certified mail, return receipt requested, within 30 days after service of the violation notice. Such statement shall set forth the reasons why a finding of liability should not be entered. The administrator shall forward all timely-submitted materials to the hearing officer for review and determination. Notice of the hearing officer's determination shall be sent by mail to the owner.
(D) No additional fee shall be charged to an alleged violator for exercising the right to an administrative hearing.
(Ord. O-17-16, passed 8-16-16)