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(A) The violation notice shall contain, but shall not be limited to, the following information:
(1) The name of the party violating the ordinance, if known.
(2) The date and time of the violation (date of issuance).
(3) The type and nature of the violation and the ordinance violated.
(4) Vehicle make and state registration number (if applicable).
(5) The names of any witnesses to the violation.
(6) The signature and identification number of the person issuing the notice.
(7) The date and location of the adjudicating hearing of ordinance violations which date shall be not less than 30 or more than 90 days after the date of the violation notice.
(8) The legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing.
(B) The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
(1) Signing his or her name to the notice at the time of issuance; or
(2) 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.
(C) The original or a facsimile of the violation notice shall be retained by the Ordinance Enforcement Administrator where a docket number shall be stamped on all copies and a hearing date noted. The notice shall be kept as a record in the ordinary course of business by the Ordinance Enforcement Administrator. One copy of the violation notice shall be returned to the person issuing the notice that he or she may prepare evidence for presentation at the hearing on the date indicated. One copy of the violation shall be served by first class mail to the alleged violator along with a summons commanding the alleged violator to appear.
(D) 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.
(E) Notices issued in accordance with the automated traffic law enforcement system which records violations covered in the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-306, disregard of a traffic control device or turn on red violations, shall be issued by the village or designated representative. Written notice of the violation shall be made to the registered owner or lessee of the vehicle by U.S. mail within 30 days after the Illinois Secretary of State makes notification of the identity of the registered owner or lessee of the vehicle, and in no event later than 90 days following the violation. The village or designated representative shall only be required to notify a lessee if the leasing company/lessor provides the lessee's name by an affidavit and a copy of the lease within 60 days of the notice's issuance.
If the lessee information is not provided within 60 days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, a second notice shall be sent to the last known address recorded in a United States Post Office approved database of the owner or lessee of the cited vehicle. An automated traffic law violation shall require a review of the associated recorded image by an Ordinance Enforcement Administrator, who shall inspect the image and determine whether the motor vehicle was being operated in violation or whether a legitimate defense is visible. Upon determination that the recorded image captures a violation and that no defense applies, the notice of violation shall be served upon the registered vehicle owner in the manner provided above. The Ordinance Enforcement Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner of the vehicle. Each notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above noted statutory and local provisions and shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established by law. The notice of violation shall be issued by the village or designated authority and shall include the following information:
(1) Name and address of the registered owner or lessee of the vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in the United States Post Office approved database;
(2) The make (only if discernable) and registration number of the motor vehicle involved in the violation;
(3) Violation charged;
(4) The location where the violation occurred;
(5) Date and time of violation;
(6) A copy of recorded images;
(7) The amount of civil penalty is $100 and the date by which the penalty should be paid (14 days from the date of issuance), if a hearing is not requested, and a statement that the payment of the fine shall operate as a final disposition of the violation;
(8) A statement that a failure to pay the civil penalty by the date noted will result in a late fee of $100 being assessed against the owner or lessee;
(9) The amount of late fee is $100;
(10) A statement that failure to pay by the date specified will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle;
(11) A statement that the recorded images constitute prima facie evidence of violation;
(12) A statement that the person may elect to proceed by paying the fine or challenging the charge, by mail or by administrative hearing; and
(13) A statement of how an administrative hearing may be requested.
(F) Service of any violation notice shall be:
(1) In the case of violation of the Village Traffic Code, service shall be made no less than 15 days prior to the date set for a hearing and shall be by:
(a) Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle, or vehicle violating any compliance regulation;
(b) Handing the notice to the registered owner, operator, or lessee of the vehicle, if present; or
(c) Mailing the notice by first class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing.
(2) In the case of violation of any other provision of this Code relating to buildings or structures, service shall be made no less than 15 days prior to the date set for a hearing and shall be by:
(a) First class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing.
(b) If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or mailing a copy of the notice on the front door of the structure where the violation if found.
(3) In the case of any ordinance violation other than a violation of the Village Traffic Code or Building Code, service shall be made by mailing the notice by first class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008; Am. Ord. 09-20, passed 8-3-2009; Am. Ord. 11-02, passed 1-18-2011; Am. Ord. 13-30, passed 8-19-2013)