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(A) A final determination of an automated traffic law violation(s) liability shall occur:
(1) Following the failure to pay the total assessed fine or penalty after the Hearing Officer’s determination of vehicular standing, parking, compliance regulation or automated traffic law violation(s) liability within the required 25 days and, the exhaustion of or the failure to exhaust any administrative review procedures hereinafter set forth; or
(2) Where a person fails to appear at a prior requested administrative hearing provided to contest the alleged standing, parking or compliance regulation violation(s) on the date and at the time and place specified, in a prior served or mailed notice, or fails to appear at the hearing for an automated traffic law violation on the date and at the time and place specified in a prior mailed notice. The Hearing Officer’s determination of vehicular standing, parking, compliance regulation or automated traffic law violation(s) liability shall become final upon the exhaustion of or the failure to exhaust any administrative or judicial review procedures hereinafter set forth:
(a) Upon denial of a timely petition to set aside that determination; or
(b) Upon the expiration of the period for filing a petition without a filing having been made.
(B) (1) A determination of automated traffic law violation liability shall occur following failure to pay the fine or penalty, or to contest the alleged violation within 14 days of the notice of violation. 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 will enter findings.
(2) Decision and order’s determination of automated traffic law violation liability which shall become final:
(a) Upon denial of a timely petition to set aside that determination; or
(b) Upon expiration of the period for filing such a petition without a filing having been made.
(3) If a person appears at a hearing and is found liable or contests the violation by mail and is found liable, the Hearing Officer will enter findings, decision and order, which is a final determination of automated traffic law violation liability that is a final, appealable order.
(C) A notice of final determination shall be sent following the final determination of automated traffic law violation liability and the conclusion of judicial review. Service of said notice shall be deemed complete upon deposit in the United States mail. The notice of final determination shall include the following information:
(1) A statement that the unpaid fine is a debt due and owing to the city; and
(2) A warning that a failure to pay any fine due and owing to the city within 14 days may result in a petition to the Circuit Court of Cook County to have the unpaid fine rendered as a judgment or may result in the suspension of the person’s driver’s license for failure to pay fines or penalties for five or more violation under this subchapter.
(Prior Code, § 70.067) (Ord. 2014-052, passed 11-11-2014; Ord. 2016-001, passed 1-12-2016)
(A) A person owing an unpaid fine or penalty for automated traffic law violation penalty may file a petition to set aside a final determination of such liability within 14 days after service by the city of a determination of liability notice.
(B) The grounds for such a petition shall be limited to:
(1) The person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued;
(2) The person having already paid the fine or penalty for the violation in question; and
(3) Excusable failure to appear at or request a new date for a hearing.
(C) Upon receipt of a timely petition to set aside the determination of liability, the Hearing Officer shall review the petition to determine if cause has been shown to set aside the determination. If cause has been shown, the city shall forward the petitioner a new hearing date on which the petitioner must appear to present his or her case. The city shall notify the petitioner of the Hearing Officer’s decision to grant a hearing or deny the petition within 14 days of the city’s receipt.
(Prior Code, § 70.068) (Ord. 07-060, passed 2-27-2007; Ord. 2014-052, passed 11-11-2014; Ord. 2015-022, passed 7-28-2015; Ord. 2016-001, passed 1-12-2016)
(A) (1) A notice of impending driver’s license suspension shall be sent to the person liable for any fine or penalty that remains due and owing on five or more violations of this subchapter. The notice of impending driver’s license suspension shall state the following information:
(a) The failure to pay the fine owing within 45 days of the notice’s date will result in the city notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under § 6-306.5 of the Code;
(b) A statement that the person may obtain a copy of the original ticket imposing a fine by sending a self-addressed, stamped envelope to the city along with a request for the copy.
(2) The Traffic-Control Administrator, by certified report, shall request that the Secretary of State suspend the driving privileges of an owner of a registered vehicle who has failed to pay any fine or penalty due and owing as a result of five automated traffic violations. The report shall be certified and contain the following:
(a) The name, last known address as recorded with the Secretary of State, as provided by the lessor of the cited vehicle at the time of lease, or as recorded in a United States Post Office approved database if any notice sent under this subchapter is returned as undeliverable, and driver license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered to such person in a state;
(b) The name of the municipality making the report pursuant to this section: and
(c) A statement that a notice of impending driver license suspension has been sent to the person named in the report at the address recorded with the Secretary of State or at the last address known to the lessor of the cited vehicle at the time of the lease or, if any notice sent under this subchapter is returned as undeliverable at the last known address recorded at a United States Post Office approved database; the date on which such notice was sent; and address to which such notice was sent.
(3) The Traffic-Control Administrator shall notify the Secretary of State whenever a person named in the certified report has paid the previously recorded fine or penalty or whenever the municipality determines that the original report was in error. A certified copy of such notification shall also be given upon request and at no additional charge to the person named therein.
(B) (1) If the Administrator provides a suspension notice to a vehicle owner and subsequently makes a certified report to the Secretary, the subject vehicle owner may challenge the accuracy of the certified report in writing. To do so, the vehicle owner must submit to the Administrator a written statement under oath, together with any supporting documentation, establishing one of the following grounds for challenging the accuracy of the certified report:
(a) The person was not the owner or lessee of the subject vehicle or vehicles receiving five or more automated traffic law violations on the date or dates such violation notices were issued; or
(b) The person already paid the fines or penalties for the five or more automated traffic law violations indicated on the certified report.
(2) Such statement and supporting documentation must be sent to the Administrator by certified mail, return receipt requested, or hand- delivered to the Administrator within five days after the person receives notice from the Secretary that the person’s driver license will be suspended at the end of a specified period of time unless the Secretary is presented with a notice from the city certifying that the fines or penalties due and owing have been paid or that the inclusion of the person’s name on the certified report was i n error.
(Prior Code, § 70.069) (Ord. 07-060, passed 2-27-2007; Ord. 2014-052, passed 11-11-2014; Ord. 2016-001, passed 1-12-2016)
Non-residents of the city who receive violation notices may contest the merits of the alleged automated traffic law violation without attending a hearing by sending a signed statement, under oath, together with any supporting documentation, to the Administrator via certified mail, return receipt requested, within 14 days after service of the violation notice. Such a statement shall set forth the reasons why a finding of liability should not be entered.
(Prior Code, § 70.070) (Ord. 07-060, passed 2-27-2007; Ord. 2014-052, passed 11-11-2014; Ord. 2015-022, passed 7-28-2015; Ord. 2016-001, passed 1-12-2016)
This subchapter shall be in full force and effect from and after the date of its passage, approval and publication as provided by law. If any portion of this subchapter is held to be invalid, then that portion shall be stricken from this subchapter and the remaining portions of this subchapter shall continue in full force and effect to the extent possible.
(Prior Code, § 70.071) (Ord. 07-060, passed 2-27-2007; Ord. 2016-001, passed 1-12-2016)
TOWING OF VEHICLES
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