(a) A person on whom a violation notice has been served pursuant to Section 9-100-030 or Section 9-100-045 shall within seven days from the date of a parking, standing or compliance violation notice, or within 21 days of an automated speed enforcement system or automated traffic law enforcement system violation notice: (1) pay the indicated fine; or (2) in the manner indicated on the notice, request an administrative adjudication as set forth in Section 9-100-070 or Section 9-100-080 to contest the charged violation.
(b) If the respondent submits documentary evidence to obtain an administrative correspondence hearing in compliance with Section 9-100-070, the Traffic Compliance Administrator shall send the respondent a copy of the administrative law officer’s determination in accordance with subsection (f) herein.
(c) If the respondent requests an administrative in-person hearing pursuant to Section 9-100-080, the Traffic Compliance Administrator shall notify the respondent in writing of the location and time available for a hearing in accordance with subsection (f) herein.
Where a respondent who has requested an administrative in-person hearing either fails to pay the indicated fine prior to the hearing or appear at a hearing, a determination of liability shall be entered in the amount of the fine indicated on the notice of violation.
(d) (1) If no response is made to a parking, standing or compliance violation notice in accordance with subsection (a) of this section, the Traffic Compliance Administrator shall cause a second notice of a parking, standing or compliance violation to be sent to the respondent in accordance with subsection (f) herein; provided however, in those instances where an eligible participant pays the fine indicated under an early installment payment plan pursuant to Section 9-100-160 and rules promulgated thereunder prior to a second notice being sent, the Traffic Compliance Administrator shall still send the second notice in compliance with this subsection. The notice shall specify the date and location of the violation, the make and state registration number of the cited vehicle, the Code provision violated, the applicable fine, and the time and manner in which the respondent may obtain an administrative adjudication to contest the violation. If the respondent requests an administrative in-person hearing to contest the cited violation, the Traffic Compliance Administrator will cause a notice of hearing to be sent to the respondent as provided in subsection (c) herein.
Subject to subsection (d)(3), if, within 14 days from the date of the violation notice required by this subsection (d)(1), the respondent fails to: (i) pay the indicated fine; (ii) request an administrative adjudication; or (iii) prove compliance as provided in subsection (a)(7) of Section 9-100-060, a determination of liability shall be entered in the amount of the fine indicated on the notice of violation. The second notice of violation shall provide the above information.
(2) Subject to subsection (d)(3), if a respondent issued an automated traffic law enforcement system or automated speed enforcement system violation notice pursuant to subsection (a) fails to pay the indicated fine, or fails to request an administrative adjudication within 21 days from the date of the violation notice, a determination of liability shall be entered in the amount of the fine indicated on the notice of violation.
(3) A determination of liability shall not be entered against any eligible participant paying the indicated fine under an early installment payment plan pursuant to Section 9-100-160 and rules promulgated thereunder unless the eligible participant defaults on the early installment payment plan. In the event of such a default, a determination of liability shall be entered against the eligible participant in accordance with this section.
(e) Failure by any respondent to pay the fine within 25 days of issuance of a determination of liability for a violation will automatically subject the respondent to a penalty for late payment; provided that an eligible participant paying the indicated fine under an early installment payment plan pursuant to Section 9-100-160 and rules promulgated thereunder shall not be subject to the late payment, unless the eligible participant defaults on the early installment payment plan. In the event of such a default, the eligible participant shall be subject to the late payment in accordance with this section.
Except as otherwise provided in this subsection, the penalty for late payment shall be an amount equal to the lesser of either (1) the amount of the fine for the relevant violation or (2) $250.00 minus the amount of the fine for the relevant violation. The penalty for late payment of the fine for violating subsection (b) or (c) of Section 9-64-125 shall be $50.
(f) Where applicable, the Traffic Compliance Administrator shall serve the notice of hearing, the second notice of violation, the administrative law officer's determination, the notice of final determination of liability and the notice of impending vehicle immobilization by first class mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State of Illinois. If the vehicle is registered in a state other than Illinois, the Traffic Compliance Administrator shall send the appropriate notice to the address of the registered owner as recorded in such other state's registry of motor vehicles. In the event a mailing sent pursuant to this section is returned as undeliverable, subsequent mailings may be sent to the address of the registered owner of the cited vehicle as recorded with the United States Postal Service.
(Prior code § 27.1-5; Added Coun. J. 3-21-90, p. 13561; Amend Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 2-7-97, p. 38959; Amend Coun. J. 4-29-98, p. 66564, § 2; Amend Coun. J. 7-9-03, p. 4349, § 3; Amend Coun. J. 7-29-03, p. 6166, § 5; Amend Coun. J. 12-7-05, p. 64870, § 1.4; Amend Coun. J. 4-18-12, p. 23762, § 4; Amend Coun. J. 5-8-13, p. 52770, §§ 1, 2; Amend Coun. J. 5-6-15, p. 108500, § 3; Amend Coun. J. 10-28-15, p. 11951, Art. III, § 6; Amend Coun. J. 11-7-18, p. 88803, § 23; Amend Coun. J. 9-18-19, p. 4521, § 3; Amend Coun. J. 10-27-21, p. 40504, Art. I, § 3; Amend Coun. J. 11-7-22, p. 55595, Art. IV, § 6; Amend Coun. J. 11-15-23, p. 6700, Art. I, § 3)