307.05 CIVIL PENALTIES.

   (a)   Unless the operator of a vehicle personally receives a traffic citation from a police officer at the time of the violation, a civil penalty shall be imposed for a violation of this Chapter as follows:

        (1)    From six (6) to fourteen (14) miles per hour over the speed limit: one hundred dollars ($100.00);

      (2)    From fifteen (15) to twenty (20) miles per hour over the speed limit: one hundred twenty-five dollars ($125.00);

      (3)    In excess of twenty (20) miles per hour over the speed limit: one hundred fifty dollars ($150.00);

   (b)   A violation for which a civil penalty is imposed under this section shall not be considered a traffic offense or a moving violation for the purpose of assessing points under Ohio R.C. 4507.021 and shall not be reported to the Bureau of Motor Vehicles of any state.

   (c)   Upon receipt of a notice of liability pursuant to the method described in Section 307.03, the vehicle owner shall have thirty (30) days to pay the civil penalty without additional monetary civil penalty.

   (d)   If the vehicle owner does not respond to the notice of liability within this period, the following action shall be taken by the Chief of Police, or designee:

            (1)    A notice of default judgment shall be sent by first-class U.S. mail to the recipient of the notice of liability indicating that payment is due within thirty (30) days after receipt of the notice of default judgment.

            (2)    The notice of default judgment shall contain the following information:

         A.   An identification of the violation with which the person was charged and the time and date of the violation, which identification may be a copy of the notice of liability charging the violation that was served upon the person;

         B.   An identification of the amount of the administrative fine, late fees and costs arising out of the violation that is due;

         C.   A warning that the person must answer the notice of liability within thirty (30) days or a default civil judgment in the amount of the fine, penalties and costs due may be entered against the person;

         D.   A description of the allowable answers that may be made and notification that the person will be afforded a hearing before the court if the vehicle owner denies in his answer that he committed the violation;

         E.   An identification of the manners in which and the entity to which an answer may be made;

         F.   A warning that if the person fails to appear at a requested hearing, a default civil judgment in the amount of the fine, penalties and costs due may be entered against the person.

   (e)   If a person who is issued a notice of default judgment fails to timely answer, the failure to answer shall be considered an admission that the person committed the violation and a default judgment, in the amount of the fine, civil penalties and costs due may be entered against the person. Failure to timely answer the notice of liability identified in the notice of default judgment within thirty (30) days shall result in the imposition of an additional late civil penalty fee of twenty dollars ($20.00). Failure to pay the civil penalty and the twenty dollar ($20.00) default fee within 60 days from the date of mailing of the notice of liability will result in the imposition of an additional twenty dollar ($20.00) default fee, bringing the default fee to forty dollars ($40.00). Failure to pay the civil penalty and the forty dollar ($40.00) default fee within 90 days of mailing of the notice of liability will result in an additional twenty dollar ($20.00) default fee, bringing the default fee to the total amount of sixty dollars ($60.00), and the unpaid civil penalty and default fee shall be forwarded for collection.

   (f)   A person who receives a notice of default judgment pursuant to this section may answer the charged violation that is identified in the notice of default judgment in any manner provided in this section as an answer to violation charged in a notice of liability. An answer under this section shall be made within thirty (30) days after the date on which the notice of default judgment was mailed in accordance with the methods provided in this section, except that if the answer consists solely of payment of the civil penalty arising out of the notice of liability any civil penalty arising out of failing to timely answer shall also be imposed.

   (g)   If a person for whom a hearing is to be conducted under this section of this chapter fails to appear at the scheduled hearing and fails to submit evidence, the Court shall, upon a determination from any testimony or exhibits presented at the hearing that the City demonstrated by a preponderance of the evidence that the person committed the violation, enter a default judgment against the person and require the person to pay the appropriate fine and any additional penalties, fees and costs. A default judgment entered under this division shall be entered in the court's record and filed with the Clerk of Court for the court in which the default judgment was entered.

   (h)   The court may vacate a default judgment entered under this section if all of the following apply:

      (1)   The person against whom the default judgment was entered files a motion with the court within one (1) year of the date of entry of the default judgment; and

      (2)    The motion sets forth a sufficient defense to the violation out of which the judgment arose; and

      (3)    The motion sets forth excusable neglect as to the person's failure to attend the hearing or answer the notice of default judgment.

   (i)   Payment of any judgment or default judgment entered against a person pursuant to this section shall be made to the Youngstown Municipal Clerk of Court or its designee within ten (10) days of the date of entry. The Clerk of Court or its designee shall create and maintain a record of all money paid in satisfaction of a judgment or default judgment. If payment is not made within this time period, the judgment or default judgment shall be filed with the Clerk of the Youngstown Municipal Court and when so filed, shall have the same force and effect as a money judgment in a civil action rendered in that court.

   (j)   All fee money collected for payment of fines, judgment, or default judgment in accordance with this Chapter shall be forwarded to the City of Youngstown Finance Department and a fund shall be created and monies shall be allocated from said fund in compliance with any applicable statutory or legislative regulations, including any and all exceptions and/or exemptions categorized within said regulations.

   (k)   In the event a fine or penalty is assessed pursuant to any provision of this Code, a default in the payment of a fine, penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. The City Law Director, or designee, may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty imposed by the Code, or any installment of a fine or penalty. The City or its designee shall add a thirty-five percent (35%) cost of collections to any outstanding balance that requires the City to retain the services of a collection agency. This thirty-five percent (35%) cost includes any default in a fine, penalty or any installment of a fine or penalty that was previously referred to an attorney or private agency and the payment of which remains outstanding.

(Ord. 22-426. Passed 11-15-22; Ord. 23-364. Passed 9-20-23.)