(A) (1) Any person on whom a parking violation notice has been served pursuant to this subchapter shall within seven days from the date of the notice:
(a) Pay the indicated fine; or
(b) Request an administrative adjudication hearing as provided by this subchapter to contest the charged violation.
(2) A response by mail shall be deemed timely if postmarked within seven days of the issuance of the notice of violation.
(B) If the respondent requests an administrative hearing to contest the cited violation, the Code Administrator shall notify the owner in writing of the location and time available for a hearing in accordance with provisions of this subchapter.
(C) Where a respondent who has requested an administrative hearing either fails to pay the indicated fine prior to the hearing or fails to appear at a hearing, a final determination of parking violation liability shall be entered in the amount of the fine indicated on the notice of violation, plus costs. Such costs shall include payment of a $40 administrative adjudication fee, which shall be assessed against any violator found to be in default or otherwise found to be liable.
(D) (1) If no response is made in accordance with division (A) of this section, the Code Administrator shall cause a second notice of violation to be sent to the respondent. The notice shall specify the date and location of the violation, the make and state registration number of the vehicle, the code provision violated, the applicable fine and the time and manner in which the respondent requests an administrative adjudication hearing to contest the cited violation, the Code Administrator will cause a notice of hearing to be sent to the respondent as provided herein.
(2) If the respondent fails to pay the indicated fine or request a hearing to contest the charged violation within 14 days from the date of such second notice of violation a determination of parking violation liability shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within 21 days of issuance of the determination of liability will result in the imposition of a late payment penalty pursuant to division (E) herein. Upon the occurrence of a final determination of parking violation liability and after expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought any unpaid fine or penalty will constitute a debt due and owing the village. The second notice of violation shall provide the above information.
(E) Failure by any respondent to pay or mail payment of the fine for a parking violation within 21 days of the issuance of the final determination of liability will automatically subject the respondent to a penalty for late payment. The penalty for late payment shall be $50. Failure to pay or mail payment of a fine within each subsequent 21-day period after the issuance of the determination of liability will automatically subject the respondent to additional penalty of $30.
(F) A person charged with a parking violation may contest the charge through an administrative adjudication hearing limited to one or more of the following grounds with appropriate evident to support:
(1) That the respondent was not the owner or lessee of the cited vehicle at the time of the violation;
(2) That the cited vehicle or its state registration plates were stolen at the time the violation occurred;
(3) That the relevant signs prohibiting or restricting parking were missing or obscured;
(4) That the relevant parking meter was inoperable or malfunctioned through no fault of the respondent;
(5) That the facts alleged in the parking violation notice are inconsistent or do not support a finding that the specified regulation was violated.
(Ord. 01-26, passed 8-22-01
; Am. Ord. 10-14, passed 2-10-10
)