§ 77.04 NOTICE OF LIABILITY.

   (A)   The notice of liability shall be processed by the village or its designee and shall be served by ordinary 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 in which it is registered. The notice of liability shall include:

      (1)   The name and address of the registered owner;

      (2)   The letters and numerals appearing on the license plate issued to the motor vehicle;

      (3)   The traffic law violation charged;

      (4)   The system location;

      (5)   The date and time of the violation;

      (6)   A copy of the recorded image(s);

      (7)   The amount of the civil penalty imposed and the date by which the civil penalty should be paid and the address to which payment is to be sent;

      (8)   Information advising the person alleged to be liable of the options as provided in § 77.03(B);

      (9)   Information advising the person or entity alleged to be liable of the options prescribed in R.C. § 4511.098 and §§ 77.03 and 77.07, 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 any of those sections;

      (10)   The date of issuance of the notice of liability;

      (11)   The name and badge number of the law enforcement officer who was present at the system location at the time of the violation;

      (12)   A statement signed by a law enforcement officer employed by the village 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;

      (13)   A warning that failure to exercise one of the options prescribed in R.C. § 4511.098 or §§ 77.03 or 77.07 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 chapter shall be mailed no later than 30 calendar days after the alleged violation.

   (C)   Except as provided under § 77.03(B), the village or its designee may not mail a notice of liability to a person who is not the registered owner.

   (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 applicable state vehicle registration office) was operating the vehicle at the time of the offense set out in § 77.03(A).  This evidence and presumption may be rebutted in accordance with § 77.03(B) or 77.07.

   (E)   Nothing in this section shall be construed to limit the liability of an owner of a vehicle for any violation of § 77.03.

(Ord. 12-2016, passed 7-12-16)