The system of administrative adjudication of vehicle standing or parking regulation, vehicle compliance violation, vehicle sticker violation or any other ordinance violation authorized to be adjudicated pursuant to this chapter shall be in accordance with the following procedures:
(A) Violation notice. Violation notice of vehicular standing or parking regulation, vehicle compliance violation or vehicle sticker violation or other ordinance violation shall be issued by the persons authorized and shall contain information and shall be served, and have evidentiary admissibility as is set forth in this chapter.
(B) Authorization. All full-time, part-time and auxiliary police officers as well as other specifically appointed individuals shall have the authority to issue violation notices.
(C) Violation detection. Any individual authorized pursuant to this chapter to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this chapter or a violation of any section of any village ordinance restricting, regulating or prohibiting the standing or parking of motor vehicles, the vehicle compliance requirements or the vehicle sticker requirements shall issue a notice of violation thereof and shall make service thereof as is set forth in this chapter.
(D) Contents of violation notice. The vehicular standing, parking and compliance regulation "violation notice" shall contain, but shall not be limited to, the following information:
(1) The date, time and place of the violation (date of issuance);
(2) The particular vehicular standing, parking or compliance regulation violated;
(3) Vehicle make and state registration number;
(4) The fine and any penalty which may be assessed for late payment;
(5) The signature and identification number of the person issuing the notice;
(6) A section entitled "request for hearing" which shall clearly set forth that the registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the violation notice by:
(a) Checking or placing a mark in a space provided and clearly identified "request for hearing;"
(b) Placing his or her name and current address in the place provided;
(c) Signing his or her name in the appropriate indicated place;
(d) Filing the violation notice, with the request for hearing portion fully completed, with the Ordinance Enforcement Administrator postmarked by the twenty-fifth of the month, if the violation notice was issued between the first through the fifteenth day of the month, or postmarked by the tenth of the month, if the violation notice was issued between the sixteenth and the end of the prior month. The request shall be deemed filed upon receipt by the Ordinance Enforcement Administrator.
(7) The date, time and place of an administrative hearing at which the violation may be contested on its merits;
(8) That payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation;
(9) A section entitled "nonresident request for hearing - nonappearance," which clearly sets forth that a nonresident registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice without personally appearing by:
(a) Checking or placing a mark in a space provided and clearly identified "nonresident request for hearing - nonappearance;"
(b) Placing his or her name and current address in the place provided;
(c) Signing his or her name in the appropriate indicated place;
(d) Filing the violation notice with the "nonresident request for hearing" portion fully completed, with the Ordinance Enforcement Administrator postmarked by the twenty-fifth of the month, if the violation notice was issued between the first through the fifteenth day of the month, or postmarked by the tenth of the month, if the violation notice was issued between the sixteenth and the end of the prior month. The request shall be deemed filed upon receipt by the Ordinance Enforcement Administrator;
(e) Filing a notarized statement of facts specifying the grounds for challenging the violation notice which must be filed with the Ordinance Enforcement Administrator postmarked by the twenty-fifth of the month, if the violation notice was issued between the first through the fifteenth day of the month, or postmarked by the tenth of the month, if the violation notice was issued between the sixteenth and the end of the prior month. The request shall be deemed filed, if postmarked by the due dates herein specified;
(f) A clearly marked statement that execution of the nonresident request for hearing is a waiver of the nonresident's right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the nonresident and the facts contained in the violation(s) notice(s).
(E) Service of violation notice. Service of the violation(s) notice(s) shall be made by the person issuing the notice by:
(a) Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle; or
(b) Handing the notice to the registered owner, operator or lessee of the vehicle, if present.
(F) Certification of facts. The correctness of facts contained in the vehicular standing, parking or compliance regulation violation(s) notice(s) shall be certified by the person issuing the notice by:
(a) Signing his or her name to the notice(s) at the time of service; 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.
(G) Violation notice retained. The original or a facsimile of the violations notice(s) shall be retained by the Ordinance Enforcement Administrator and kept as a record in the ordinary course of business.
(H) Prima facie evidence of correctness. Any violation(s) notice(s) 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.
(I) Admissibility in legal proceedings. Violation(s) notice(s) or a copy(s) shall be admissible in any subsequent administrative or legal proceeding.
(Ord. 2035, passed 4-21-2011)