A. The traffic compliance administrator, by certified report, shall request that the secretary of state suspend the driving privileges of an owner of a registered vehicle who has failed to pay any fine or penalty due and owing as a result of five (5) automated traffic violations or ten (10) or more violations of vehicular standing, parking or compliance violations. The report shall be certified and contain the following:
1. The name, last known address as recorded with the secretary of state, as provided by the lessor of the cited vehicle at the time of lease, or as recorded in a United States post office approved database if any notice sent under this section 10-2-9 is returned as undeliverable, and driver's license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered to such person in a state;
2. The name of the municipality making the report pursuant to this section; and
3. A statement that a notice of impending driver's license suspension has been sent to the person named in the report at the address recorded with the secretary of state or at the last address known to the lessor of the cited vehicle at the time of the lease or, if any notice sent under this section 10-2-9 is returned as undeliverable at the last known address recorded at a United States post office approved database; the date on which such notice was sent; and address to which such notice was sent. (Ord. 10-O-015, 11-2-2010, eff. 1-1-2011)
B. The traffic compliance administrator shall take no further action unless and until the fines and penalties due and owing the village are paid or upon determination that the inclusion of the person's name on the certified report was in error. At such time, the traffic compliance administrator shall submit to the secretary of state a notification which shall result in the halting of a driver's license suspension proceedings. The person named therein shall receive a certified copy of such notification upon request and at no charge.
C. Persons may challenge the accuracy of the certified report by completing a form provided by the office of the traffic compliance administrator. The form must be returned via certified mail, return receipt requested, or via personal delivery within seven (7) days after the person received notice from the secretary of state that the person's driver's license will be suspended at the end of a specified 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 its certified report was in error. The form shall specify the grounds on which such challenge is based. Grounds for challenge shall be limited to the following:
1. The person was neither the owner nor the lessee of the vehicle(s) receiving ten (10) or more violations or five (5) or more automated traffic enforcement violation notices on the date or dates such notices were issued; or
2. The person has paid the fine and/or penalty for the ten (10) or more violations indicated on the certified report or five (5) or more automated traffic enforcement violations.
D. The traffic compliance administrator shall render a determination within fourteen (14) business days of receipt of the objection form and shall notify the objector of the determination. (Ord. 2009-1032, 2-3-2009)