(A) Procedure. The system of administrative adjudication of any village ordinance violation authorized to be adjudicated hereunder, shall be in accordance with the following procedures.
(1) Violation notice of any ordinance violation including violations of the village traffic ordinances shall be issued by the persons authorized under this subchapter and shall contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth.
(2) All full-time, part-time and auxiliary police officers, as well as other specifically authorized individuals shall have the authority to issue violation notices.
(3) Any individual authorized hereby to issue violation notices and who detects an ordinance violation is authorized to issue notice of violation thereof and shall make service thereof as is hereafter set forth.
(4) The violation notice shall contain, but shall not be limited to, the following information:
(a) The name of the party violating the ordinance, if known;
(b) The date, time and place of the violation (date of issuance);
(c) The particular ordinance violated;
(d) Vehicle make and state registration number (if applicable);
(e) The fine and penalty which may be assessed for late payment;
(f) The signature and identification number of the person issuing the notice; and
(g) The date and the location of the adjudicating hearing of ordinance violations, the legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear the hearing.
(B) Service.
(1) Service of any violation notice shall be made by the person issuing the notice:
(a) In the case of violation of the village traffic ordinances by:
1. Affixing the original or a facsimile of the notice to the vehicle;
2. Handing the notice to the registered owner, operator or lessee of the vehicle, if present; or
3. Handing the notice to the responsible person or leaving the notice with any person 12 years of age or older at the residence of the responsible owner.
(b) In the case of any ordinance violation other than a violation of the village traffic ordinances by:
1. Handing the notice to the person responsible for the ordinance violation;
2. Handing the notice to the responsible person or leaving the notice with any person 12 years of age or older at the residence of the responsible person;
3. Mailing the notice to the person responsible for the ordinance violation; or
4. Posting the notice upon the property where the violation is found when the person is the owner or manager of the property.
(2) The correctness of facts contained in any violation notice shall be verified by the person issuing the notice by:
(a) Signing his or her name to the notice at the time of issuance; or
(b) In the case of a notice produced by a computer device, by signing a single certificate to be kept by the Ordinance Enforcement Administrator, attesting to the correctness of all notices produced by the device while under his or her control.
(3) The original or a facsimile of the violation notice shall be retained by the Ordinance Enforcement Administrator and kept as a record in the ordinary course of business.
(4) Any violation notice issued, signed and served in accordance herewith, 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.
(Ord. 98-710, passed 5-28-1998)