A. Process For Setting Aside A Determination: A petition to set aside a determination of vehicular standing, parking, or compliance regulation violation(s) liability may be filed by a person owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth:
1. A written petition to vacate a determination of liability must be filed in the village police department within, but not later than, twenty one (21) days from the date the determination of liability is made.
2. The hearing officer or traffic compliance administrator shall act upon the petition(s) timely filed and render a decision thereon within thirty (30) days of the date filed.
3. The grounds for setting aside a determination of liability shall be limited to the following:
a. The person against whom the determination of liability is made was not the owner or lessee of the "cited vehicle" on the date the vehicular standing, parking, or compliance regulation violation(s) notice(s) was issued.
b. The person having paid the fine or penalty prior to the determination of liability for the violation(s) in question.
c. Excusable failure to appear at or request a new date for a hearing.
B. Process After Setting Aside A Determination: Should the determination of liability be set aside, the traffic compliance administrator shall:
1. Notify the registered owner, or lessee, as the case may be, that the determination of liability has been set aside.
2. Notify the registered owner, or lessee, as the case may be, of a date, time and place for a hearing on the merits of the violation for which determination of liability has been set aside.
3. Notice of setting aside of the determination of liability and the notice of the hearing date shall be by first class mail, postage prepaid to the address set forth on the petition to set aside the determination of liability.
4. Service of the notice shall be complete on the date the notice(s) is deposited in the United States mail. (Ord. 09-66, 12-21-2009)