(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 fifteen (15) calendar days, provide the Division of Police or its designee information as to the Responsible Party at the time of the violation; in the case of a "motor vehicle leasing dealer" or "motor vehicle renting dealer" as defined in Ohio Revised Code 4511.092, provide the Division of Police or its designee the name and address of the lessee or renter at the time of the violation; 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 in the amount equal to the civil penalty as an administrative bond with the Division of Police or its designee. Said written request and bond payment must be filed within fifteen (15) calendar days after receipt 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.
(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 307.06(a)(3), the following shall apply.
(1) A Hearing Officer selected by the City of Richmond Heights 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 Section 307.06(a)(3). 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 liable. The Hearing Officer shall advise the person or entity on the day of the hearing 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 liable, the Hearing Officer shall issue a written decision finding the individual not liable and submit it to the Division of Police 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 passed through the intersection 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 331.24 of the Traffic Code and Ohio Revised Code 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 Vehicle 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 Vehicle Owner at the time of the violation, the Vehicle 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 Section is unenforceable because at the time and place of the alleged violation, the traffic control signal was not operating properly or the traffic control signal monitoring 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 Vehicle Owner or person or entity named in the Notice of Liability was not operating the vehicle at the time of the violation. To satisfy the evidentiary burden under this subsection, the Vehicle Owner or person or entity named in the Notice of Liability shall provide to the Hearing Office evidence showing the identity of the Responsible Party at the time of the violation, including, at a minimum, the Responsible Party's name and current address, and any other evidence that the Hearing Officer deems pertinent.
(c) If the Hearing Officer finds that the person or entity named in the Notice of Liability was not operating the vehicle at the time of the violation or receives evidence identifying the Responsible Party at the time of the violation, the Hearing Officer shall provide to the Division of Police or its designee within five (5) calendar days, a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
(1) Upon receipt of evidence of the identity of the Responsible Party, the Division of Police or its designee may issue a Notice of Liability to the Responsible Party.
(2) A Notice of Liability issued under this subsection (c)(2) shall be sent by regular United States Mail no later than five (5) business days after receipt of the evidence from the Hearing Officer or the Vehicle Owner.
(Ord. 17-2013. Passed 4-9-13.)