Appeal of notice of liability.
Columbus City Codes § 2115.04
in effect2115.04 - Appeal of notice of liability.
(A) A person who received a notice of liability pursuant to this section may appeal the notice of liability by making a written request for a hearing to the address listed on the notice of liability. Prior to the hearing, a bond must be posted in the amount of the fine. The bond shall be payable by either a check or money order. If the former, the check is to be made payable to "Columbus Focus on Safety Program." If the latter, the money order is to be made payable to "cash." Should the owner or designee be found by the hearing officer to be not liable and/or the citation is dismissed by the officer, then the check or bond will be immediately returned after the hearing.
(B) Within forty-five (45) days of the receipt of the request for a hearing, a hearing officer appointed by the director of public safety or designee shall hold a hearing. The hearing officer shall determine whether the city has demonstrated by a preponderance of the evidence that a violation occurred and that the person who received the notice of liability is liable for the penalty set forth in Section 2115.05 of this chapter.
(C) A certified copy of the notice of liability alleging the violation, along with a copy of the image that served as a basis for the notice of liability, shall be prima facie evidence of the facts contained therein, and shall be admissible in a proceeding alleging a violation under this ordinance.
(D) In considering whether the person is liable, the hearing officer shall consider any of the following as an affirmative defense of a violation:
(1) That the notice of liability was issued and sent more than thirty (30) days after the date of the violation recorded by the photo traffic enforcement system.
(2) That the driver of the vehicle passed through the intersection or had increased speed in order to yield the right of way to an emergency vehicle, in accordance with R.C. 4511.45 or to a funeral procession, in accordance with R.C. 4511.451.
(3) That either the vehicle or the license plate depicted on the image, which served as the basis for the notice of liability, was stolen before the violation occurred and was not in possession of the owner at the time of the violation. To qualify as an affirmative defense under this provision, the owner must submit proof that a police report about the stolen vehicle or license plate was filed prior to or within forty-eight (48) hours after the violation.
(4) That this section is unenforceable because the photo traffic enforcement system was not operating properly, or the automated traffic enforcement system was not in a proper position, or that the image that served as the basis for the notice of liability is not legible enough to show the letters and numbers or the state that issued the license plate on the vehicle.
(5) That the driver of the vehicle entered the intersection as part of a funeral procession or at the direction of a police officer.
(6) That the owner or person named in the notice of liability was not operating the vehicle at the time of the violation. To satisfy the evidentiary burden under this provision, the owner or person named in the notice of liability shall provide the hearing officer with evidence of the identity of the person who was operating the vehicle at the time of the violation, including, at a minimum, the operator's name and current address.
(E) The hearing officer shall issue a written decision within ten (10) days of the hearing and serve the person named on the notice of liability and the issuing police officer with a copy of said decision. All such decisions shall be entered into the records of the department of public safety.
(F) If the hearing officer determines by a preponderance of the evidence that the city has demonstrated that the person named in the notice of liability committed the violation, the hearing officer's decision shall be against the person and require him or her to pay the appropriate fine and any additional penalties, fees and costs.
(G) If the hearing officer determines by a preponderance of the evidence that a person has not committed the violation named in the notice of liability, the hearing officer's decision shall be against the City of Columbus, and the hearing officer shall dismiss the notice of liability against the person and immediately return the bond.
(H) If the hearing officer concludes that the testimony and/or exhibits presented at the hearing shows by a preponderance of the evidence that someone other than the person named in the notice of liability was operating at the time of the violation, the hearing officer shall forward to the department of public safety all evidence provided to him at the hearing as to the operator's identity.
Within ten (10) business days of receiving evidence from the vehicle owner indicating that the vehicle owner was not operating the vehicle at the time of the violation, the director of public safety or designee may issue a notice of liability to the person whom the evidence indicates was operating the vehicle at the time of the violation.
(I) Any person against whom a decision is entered pursuant to this section may appeal the decision to the Franklin County Municipal Court by filing notices of appeal to the Columbus Division of Police and the Municipal Court within thirty (30) days of the date of entry of the decision and by the payment of such reasonable costs as the court requires.
(J) Upon the filing of the appeal, the court shall schedule a hearing date and notify the parties of the date, time, and place of the hearing.
(K) The hearing shall be held by the court in accordance with local court rules and a decision shall be rendered by the court on the appeal.
(L) Service of a notice of appeal under this division does not stay enforcement and collection of the appropriate fine and any additional penalties, fees and costs unless the person who files the appeal posts bond with the court in the full amount of the fine, penalties and costs at or before the service of the notice of appeal.
(Ord. 958-05 § 1 (part); Ord. No. 1785-2010, § 1, 12-13-2010; Ord. No. 2019-2021, § 1, 7-26-2021)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT21TRCO_CH2115PHTRENSY_2115.04APNOLIFetched: 10/27/2026