§ 12-3007. Notification of Violation.

   (1)   The System Administrator shall prepare and mail a notice of violation addressed to the registered owner of a vehicle identified in a recorded image produced by an automated red light enforcement system as evidence of a violation of Section 3112(a)(3) of the Motor Vehicle Code and this Chapter. 410

   (2)   The notice of violation must include:

      (a)   the name of the registered owner of the vehicle;

      (b)   the registration number and state of issuance of the vehicle registration;

      (c)   the date, time and place of the alleged violation;

      (d)   a statement that the violation charged is under Section 3112(a)(3) of Title 75 of the Pennsylvania Consolidated Statutes (The Motor Vehicle Code) and this Chapter;

      (e)   the penalty for the violation;

      (f)   a copy of the recorded image showing the vehicle;

      (g)   the date on which the notice was mailed;

      (h)   instructions for return of the notice of violation; and

      (i)   the following text: This notice shall be returned personally, by mail or by an agent duly authorized in writing, within 30 days of issuance. A hearing may be obtained upon the written request of the registered owner. Failure to return this notice or to request a hearing within 30 days of mailing of this notice shall be considered an admission of liability.

   (3)   The notice of violation must be signed by a City police officer verifying that he or she has inspected the recorded images evidencing the violation and that he or she has reason to believe the information contained in the notice of violation is true and correct.

   (4)   Notice of violation must be sent by first class mail. A manual or automatic record of mailing prepared by the System Administrator in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any judicial or administrative proceeding as to the facts contained in it.

   (5)   In the case of a violation involving a motor vehicle registered under the laws of this Commonwealth, the notice of violation must be mailed within 30 days after the commission of the violation or within 30 days after the discovery of the identity of the registered owner, whichever is later, and not thereafter to the address of the registered owner as listed in the records of the Department of Transportation. In the case of motor vehicles registered in jurisdictions other than this Commonwealth, the notice of violation must be mailed within 30 days after the discovery of the identity of the registered owner and not thereafter to the address of the registered owner as listed in the records of the official in the jurisdiction having charge of the registration of the vehicle. A notice of violation under this Section must be provided to an owner within 90 days of the commission of the offense. 411

   (6)   The provisions of Chapter 12-1400 shall not apply to this Chapter.

   (7)   The total sum of costs and additional fees payable by a person who fails to answer a notice of violation issued pursuant to this Chapter shall be: 412

      (a)   twenty dollars ($20) for each notice which remains unappealed or unpaid for more than thirty (30) days from issuance; and

      (b)   twenty-five dollars ($25) for each notice which remains unappealed or unpaid for more than sixty (60) days from issuance; and

      (c)   thirty dollars ($30) for each notice which remains unappealed or unpaid for more than ninety (90) days from issuance.

 

Notes

410	Amended, Bill No. 080931 (approved February 25, 2009).
411	Amended, Bill No. 120954 (approved January 14, 2013).
412	Added, Bill No. 060320 (became law June 15, 2006). The Law Department advised, by memorandum dated June 12, 2006, that the amendments to the Code set forth in Bill No. 060320 exceed City Council's powers.