A. Authority. All full-time, part-time, and auxiliary police officers as well as other specifically appointed individuals shall have the authority to issue violation notices.
B. Content of Violation Notice. When a City official with authority to enforce City ordinances and code provisions makes a determination that a violation has occurred, he or she shall note the violation on a multiple copy violation notice and report form that indicates: (1) the name and address of the defendant, (2) the type and nature of the violation, including the section or regulation violated, (3) the date and time the violation was observed, (4) the names of witnesses to the violation, (5) the signature and identification number, if applicable, of the person issuing the violation notice and in the case of vehicular standing, parking or compliance regulations certification shall be valid if the authorized person issuing the notice signs the notice at the time of service, (6) a hearing date along with the time and location of the hearing, (7) if applicable, the amount of the fine and notice that the failure to pay the fine within the allotted time will result in adjudication of the violation notice through administrative hearing and the penalties for failing to appear at the administrative hearing, (8) penalty for any late fee, and (9) if applicable, the vehicle make and state registration number.
C. Content of Violation Notice for Ordinance Violations Related to Vehicle Standing, Parking, and Other Compliance Regulations. In addition to the above, there shall be a section entitled "request for hearing" setting 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:
1. Checking or placing a mark in a space provided and clearly identified "request for hearing".
2. If a non-resident of the City of East Dubuque or Jo Daviess County, checking or placing a mark in a space provided and clearly identified as "nonresident request for hearing-nonappearance".
3. Placing his name and current address in the place provided.
4. Signing his name in the appropriate indicated place.
5. Filing the violation notice, with the request for hearing portion fully completed, with the Ordinance Enforcement Administrator postmarked by the 25th of the month, if the violation notice was issued between the first through the 15th day of the month, or postmarked by the tenth of the month, if the violation notice was issued between the 16th and the end of the prior month. The request shall be deemed filed upon receipt by the Ordinance Enforcement Administrator; and
6. 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 notice.
D. The violation report derived from the violation notice form shall be forwarded to the code hearing division where a docket number shall be stamped on all copies of the report and a hearing date shall be noted or filled in. The hearing date shall not be less than thirty (30) nor more than forty (40) days after the notice is served. One copy of the violation notice and report form shall be maintained in the files of the code hearing division and shall be part of the record of the hearing; one copy of the report form shall be returned to the individual representing the City in the case so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated; and one copy of the report form shall be served either in person or by first class mail to the defendant along with a summons commanding the defendant to appear at the hearing. Hand delivery of the violation notice containing the required content shall be sufficient for in person service. Service of a violation notice may be made by affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle.
E. Parties may request in writing to the hearing officer before the hearing date that the hearing officer issue subpoenas to direct attendance and testimony of relevant witnesses and the production of relevant documents.
F. At the hearing, parties shall be provided with an opportunity to give testimony, present witnesses, submit evidence, and cross-examine opposing witnesses. Parties may be represented by legal counsel. (Ord. 21-0108, 1-11-2021; amd. Ord. 21-0513, 5-10-2021; Ord. 22-0325, 4-11-2022)