A. 1. Parking, Standing Or Compliance Notice Warning Violation: A warning violation notice may be issued at the discretion of the enforcing body. Warning tickets are strongly encouraged for first time offenses. The warning ticket shall specify the date, time and place of the violation and the particular regulation violated.
2. A Parking, Standing Or Compliance Notice Violation: The notice violation shall include:
a. The date, time and place of the violation;
b. The particular regulation violated;
c. The fine and any penalty that may be assessed for late payment, when so provided by ordinance;
d. The vehicle make and state registration number;
e. The identification number of the person issuing the notice;
f. State that payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation; and
g. Contain information as to the availability of a hearing in which the violation may be contested on its merits.
B. 1. Service Of Parking, Standing, Or Compliance Violation Notice: Service of the parking, standing, or compliance violation notice may be achieved by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of a vehicle if he/she is present. A person authorized by this chapter to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his/her name to the notice at the time of service or in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his/her control. The original or a facsimile of the violation notice shall be retained by the traffic compliance administrator, and there shall be a record kept in the ordinary course of business. A parking, standing, or compliance violation notice issued, signed and served in accordance with this section, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice or copy shall be admissible in any subsequent administrative adjudication or legal proceedings.
2. Service Of Additional Notices: Service of additional notices may be sent by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the secretary of state, or, under section 11-1306 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. The service shall be deemed complete as of the date of deposit in the United States mail. The notices shall be in the following sequence and shall include, but not be limited to, the information specified herein.
a. A second notice of violation shall:
(1) Specify the date and location of the violation cited in the parking, standing, or compliance violation notice;
(2) Specify the particular regulation violated;
(3) Specify the vehicle make and state registration number;
(4) Specify the fine and any penalty that may be assessed for late payment when so provided by ordinance;
(5) Specify the availability of a hearing in which the violation may be contested on its merits;
(6) Specify the time and manner in which the hearing may be had;
(7) State that failure either to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated;
(8) State 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, any unpaid fine or penalty will constitute a debt due and owing the village of Beach Park.
b. A notice of final determination of parking, standing, or compliance violation liability. This notice shall be sent following a final determination of parking, standing, or compliance violation liability and the conclusion of judicial review procedures taken under this section. The notice shall:
(1) State that the unpaid fine or penalty is a debt due and owing the municipality;
(2) Contain warnings that failure to pay any fine or penalty due and owing the municipality within the time specified may result in the municipality's filing a petition in the circuit court to have the unpaid fine or penalty rendered a judgment as provided by this section, or may result in suspension of the person's driver's license for failure to pay fines or penalties for ten (10) or more parking violations under section 6-306.5 of the Illinois vehicle code.
c. A notice of impending driver's license suspension shall:
(1) Be sent to the person liable for any fine or penalty that remains due and owing on ten (10) or more parking violations;
(2) State that failure to pay the fine or penalty owing within forty five (45) days of the notice's date will result in the municipality notifying the secretary of state that the person is eligible for initiation of suspension proceedings under section 6-306.5 of the Illinois vehicle code;
(3) State that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self-addressed, stamped envelope to the municipality along with a request for the copy;
(4) Be sent by first class United States mail, postage prepaid, to the address recorded with the secretary of state.
C. An opportunity for a hearing for the registered owner of the vehicle cited in the parking, standing or compliance violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply; provided, however, that under section 11-1306 of the Illinois vehicle code, to the lessee of a vehicle cited in the violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the registered owner. The hearings shall be recorded, and the person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at a hearing under this subsection may be represented by counsel at their expense.
D. A final determination of violation liability shall occur following failure to pay the fine or penalty after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final:
1. Upon denial of a timely petition to set aside that determination; or
2. Upon expiration of the period for filing the petition without a filing having been made.
A petition to set aside a determination of parking, standing or liability may be filed by a person owing an unpaid fine or penalty and shall be filed within thirty (30) days of the finding of liability and ruled upon by the compliance administrator within thirty (30) days thereafter. The grounds for such a petition are limited to: a) the person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, b) the person having already paid the fine or penalty for the violation in question and c) excusable failure to appear at or request a new date for a hearing. After the determination of violation liability has been set aside upon a showing of just cause, the person owing the unpaid fine or penalty shall be provided with a hearing on the merits for the violation.
E. If the alleged violator does not reside within the state of Illinois, he or she may contest the violation in writing. In such circumstances, the hearing officer must receive a request in writing from the nonresident to contest the violation seven (7) days prior to the initial hearing. If the hearing officer receives such a written request, the nonresident may submit his or her position, in writing, as to why the issuance of the violation was improper. (Ord. 2008-O-34 § 1: Ord. 2005-O-41 § 1)