(A) Service of notice of violations. Notice of violations must be mailed to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State within 30 days after the Secretary of State notifies the village of the identity of the registered vehicle owner, but no later than 90 days after the date of the violation. If the notice of violation is returned as undeliverable, then the notice of violation shall be sent to the last known address recorded in a United States Post Office approved database, which notice shall still be sent within 90 days of the violation,
(B) Adjudicative hearing. The hearing shall be tape recorded, and the Hearing Officer shall conduct the hearing in accordance with his or her powers and duties, enumerated in this chapter. Alleged violators who appear at the administrative hearing to contest an alleged violation may be represented by legal counsel at their own expense, however, formal rules of evidence shall not apply to the administrative hearing. The Hearing Officer shall enter either a default judgment or a determination of liability or non-liability in accordance with consideration of the facts and testimony, if any, and shall constitute a final determination of liability from which an appeal may be taken.
(C) Collection of fines and penalties. Nothing contained in this chapter shall prevent the village from pursuing all available remedies, allowed by law, to collect fines and payment of penalties owed to the village.
(D) Notice of impending driver’s license suspension. This notice shall be sent via first class United States mail, postage prepaid, to the address recorded with the Secretary of State of any person liable for any fine or penalty due and owing the village for five or more unpaid automated traffic law violations. If such mailing is returned as undeliverable, then the village shall send the notice to the last known address recorded in a United States Post Office approved database. If the village subsequently makes a certified report to the Secretary of State, the subject vehicle owner may challenge the accuracy of the certified report in writing. To do so, the vehicle owner must submit to the Ordinance Enforcement Administrator a written statement under oath, together with supporting documentation, establishing one of the following grounds for challenging the accuracy of the certified report: (1) that 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 (2) that the person already paid the fines or penalties for the five or more automated traffic law violations indicated on the certified report. Such statement and supporting documentation must be sent to the Ordinance Enforcement Administrator by certified mail, return receipt requested, or hand delivered to the Ordinance Enforcement Administrator within five days after the person receives notice from the Secretary of State that the person’s driver’s license will be suspended at the end of a specified period of time unless the Secretary of State is presented with a notice from the village 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 in error.
(E) Procedures for non-residents. Where the registered owner or lessee of the cited vehicle is not a resident of the village but seeks to contest the merits of the alleged violation, such persons may contest the charges using the same available defenses as stated above, and the same procedures — they may attend the administrative hearing or they may submit any and all documentary evidence no later than the hearing date referenced in the notice of liability, together with a written statement reflecting that they are non-residents of the village.
(Ord. 2204, passed 1-8-2015; Ord. 2293, passed 4-7-2016)