The system of administrative adjudication of vehicular standing and parking violations and vehicle compliance violations shall be in accordance with the following procedures and final determinations of liability of vehicular standing and parking violations and vehicle compliance violations, validity of notice of impending driver's license suspension, and collections shall be made only in accordance with the provisions set forth below:
A. Violation Citation Or Ticket: A vehicular standing and parking violation and vehicle compliance violation citation or ticket ("citation") shall be issued by the persons authorized herein and shall contain information and shall be served, certified and have evidentiary admissibility as is hereinafter set forth.
B. Authorization: All police officers, community service officers, the parking enforcement officer and other authorized personnel shall have the authority to issue citations.
C. Detection Of Violations: Any individual authorized to issue a citation pursuant to this chapter who detects a violation of any applicable provision of this Code shall issue and serve a citation as set forth in this chapter.
D. Contents Of Citation: The vehicular standing and parking violations and vehicle compliance violations citation shall contain, but shall not be limited to, the following information:
1. The date, time and place of the violation.
2. The particular vehicular standing, parking, or vehicle compliance regulation violated.
3. The vehicle make and state registration number.
4. The fine and any penalty which may be assessed for late payment.
5. The identification number of the person issuing the citation and his or her signature which shall certify the correctness of the specified information as provided in section 11-208.3 of the Illinois Vehicle Code, as amended.
6. Information as to the availability of an administrative hearing at which the registered owner or lessee may appear in person and contest the citation on its merits and the time and manner in which such hearing may be had.
7. Payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation.
8. Information as to the availability for an adjudication in writing by which the registered owner or lessee may contest in writing without personally appearing the merits of the citation and the manner in which such contest in writing may be had.
E. Service Of Citations: Service of the citations shall be made by the person issuing such notice by either:
1. Affixing the original or a facsimile of the citation to an unlawfully standing or parked vehicle.
2. Handing the citation to the registered owner, operator or lessee of the vehicle, if present.
F. Certification Of Facts Alleged In Citation: The correctness of facts contained in the vehicular standing, parking, or compliance regulation citations shall be certified by the person issuing said notice by either:
1. Signing his or her name to the citation at the time of service.
2. Signing a single certificate, to be retained by the Ordinance Enforcement Administrator, attesting to the correctness of all citations or printed records produced by the device while under his/her control when the citation is produced by a computer device.
G. Retention Of Citations: The original or a facsimile of the citation or in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice shall be retained by the Ordinance Enforcement Administrator and kept as a record in the ordinary course of business.
H. Prima Facie Evidence Of Correctness: Any violation notices, citations issued, signed and served in accordance herewith, or a copy of the notice or the computer generated record, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice.
I. Admissibility: The violation notices, citations, copies, or computer generated records shall be admissible in any subsequent administrative or legal proceeding.
J. Action Upon Receiving Citation: A person to whom a citation has been served pursuant to this section shall within ten (10) days from the date of the citation: 1) pay the indicated fine; or 2) complete and submit the Request for Parking Citation Review form to have his or her citation reviewed by the Chief of Police or his or her designee; 3) submit a request to contest the citation in writing and the materials set forth in subsection 6-20-9A of this chapter to obtain an adjudication in writing; or 4) request an administrative hearing date as set forth in subsection L of this section to contest the charged violation.
If a respondent has completed and timely submitted the "Request for Parking Citation Review" form to have his or her citation reviewed by the Chief of Police or his or her designee, the respondent will receive a copy of the Chief of Police's decision on whether the citation should be dismissed or remain in effect.
K. Contest In Writing: If the respondent submits documentary evidence to contest in writing pursuant to section 6-20-9 of this chapter, the respondent shall be served with a copy of the Administrative Hearing Officer's determination of liability or nonliability in accordance with subsection 6-20-9D of this chapter.
L. Administrative Hearing: If the respondent requests an administrative hearing date to contest the citation, the respondent shall be served with notice of hearing which will include the date, time and location of the hearing in accordance with subsection P of this section. A submitted, complete "Request for a Local Adjudication Hearing Date" form shall be deemed timely if postmarked and mailed or delivered before the due date on the parking or compliance citation.
Where a respondent who has requested an administrative hearing date either fails to pay the indicated fine prior to the hearing or fails to appear at a hearing, a default judgment and determination liability shall be entered and a fine imposed in the applicable amount of the fine indicated on the notice of violation, unless the Administrative Hearing Officer enters a determination of nonliability based on the testimony or other evidence presented during the prove up resulting in a default judgment. Failure to pay the fine within twenty one (21) days of issuance of a determination of liability by default will result in the imposition of a late payment penalty pursuant to section 6-20-10 of this chapter. Upon the occurrence of a final determination of liability, any unpaid fine and penalty will constitute a debt due and owing the Village. The respondent shall be served with a notice of the final determination of liability in accordance with section 6-20-7 of this chapter.
M. Second Notice Of Parking, Standing, Or Compliance Violation: If no response is made in accordance with subsection J of this section, the Village Ordinance Enforcement Administrator shall cause a second notice of parking, standing, or compliance violation to be sent to the respondent in accordance with subsection P of this section. The notice shall specify the date and location of the violation, the make and State registration number of the cited vehicle, the Code provision violated, the applicable fine, and the time and manner in which the respondent may obtain an adjudication in writing or appear at the scheduled hearing to contest the violation.
The second notice of parking, standing, or compliance violation shall also state that failure to pay the indicated fine and any applicable penalty, or to appear at a hearing or contest a vehicular standing, parking, or vehicle compliance violation in writing on the merits in the time and manner specified, will result in a default judgment and final determination of liability for the cited violation in the amount of the fine or penalty indicated, and that upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, or any unpaid fine or penalty, or both, will constitute a debt due and owing the Village.
The respondent shall have the option of avoiding an appearance at an administrative hearing by completing either of the following options at least seven (7) days prior to the scheduled hearing date set forth in the second notice of parking, standing, or compliance violation: 1) paying the fine and penalty amount, or 2) file a request to contest the citation in writing pursuant to subsection 6-20-9B of this chapter. Payment of the fine is an admission of liability and will act as a final disposition of the violation.
N. Final Determination Of Liability: A notice of final determination of vehicular standing, parking, or vehicle compliance liability shall be sent following a determination of liability, or upon conclusion of any administrative or judicial review, as is hereinafter set forth, and the notice shall contain, but not be limited to, the following information and warnings:
1. A statement that the unpaid fine or penalty, or both is a debt due and owing the Village.
2. A warning that failure to pay the fine or penalty due and owing the Village within fourteen (14) days of the issuance of the final determination of liability may result in the Village utilizing the Illinois Debt Recovery Offset Portal (IDROP) program through the Illinois State Comptrollers' Office as a lawful means of collecting the judgment, or the filing of a petition in the Circuit Court to have the unpaid fine or penalty, or both, rendered a judgment as provided by this section.
3. A warning that the person's driver's license may be suspended for failure to pay fines and/or penalties for ten (10) or more vehicular standing and/or parking regulation violations under section 6-306.5 of the Illinois Vehicle Code 1 , as amended, and incorporated herein by reference.
O. Notice Of Impending Driver's License Suspension: A notice of impending suspension of a person's driver's license shall be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing, or both, on ten (10) or more vehicular standing and/or parking regulation violations:
1. The notice shall state that the failure to pay the fine or penalty owing, or both, within forty five (45) days of the date of the notice will result in the Village's notifying the Illinois Secretary of State that the person is eligible for initiation of suspension proceedings under section 6-306.5 of the Illinois Vehicle Code, as amended, and incorporated herein by reference.
2. The notice of impending driver's license suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Illinois Secretary of State.
3. The notice shall also state the person may obtain a photostatic copy of an original citation or, in the case of a ticket produced by a computerized device, a signed single certificate of the citation imposing a fine or penalty by sending a self-addressed, stamped envelope to the Village along with a request to the Ordinance Enforcement Administrator for the photostatic copy or certificate.
P. Notices: The Ordinance Enforcement Administrator shall serve the notice of hearing, the second notice of parking, standing, or compliance violation, the Administrative Hearing Officer's notice of determination of liability, the notice of final determination of liability, and the notice of impending driver's license suspension, where applicable, by first class mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or, under section 11-1306, or subsection (p) of section 11-208.6 or 11-208.9, or subsection (p) of section 11-208.8 of the Illinois Vehicle Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. The service shall be deemed complete as of the date of deposit in the United States mail.
If the vehicle is registered in a state other than Illinois, the Ordinance Enforcement Administrator shall send the appropriate notice to the address of the registered owner as recorded in such other state's registry of motor vehicles. (Ord. 2018-98, 8-21-2018)
Notes
| 1 | 1. 625 ILCS 5/6-306.5. |