A. Issuance Of Violation Notice: Any individual authorized to issue a violation notice and who detects a violation must issue and serve a violation notice only in the manner set forth in this section.
B. Process For Violations Of Title 6 Pertaining To Automated Traffic Law Violations And Violations Concerning The Standing, Parking, And Condition Of Vehicles: In the case of an automated traffic law violation or a violation concerning the standing, parking, and condition of vehicles, the provisions of this subsection B govern.
1. Prior to issuance of a notice of violation of title 6 of this code pertaining to automated traffic law violations, the recorded image must be inspected and a determination must be made whether the motor vehicle was being operated in violation of section 11-306 of the Illinois vehicle code, and whether one of the defenses identified in subsection 1-8-9H of this chapter applies to the alleged violation. Upon determination that the recorded image captures a violation and that no defense applies, notice of violation may be served upon the registered vehicle owner or lessee in the manner herein provided.
2. A violation notice must contain, but is not limited to, the following information:
a. The name and address of the registered owner of the vehicle;
b. The date, time, and place of violation of a parking, standing, compliance, or automated traffic law regulation;
c. The particular regulation violated;
d. The amount of any civil penalty imposed, the requirements of any traffic education program imposed, and the date by which the civil penalty should be paid and the traffic education program must be completed;
e. The fine and any penalty that may be assessed for late payment or failure to complete a required traffic education, or both, when so provided by ordinance;
f. The vehicle make and state registration number where available and readily discernible;
g. The identification number of the person issuing the notice;
h. A statement that the person to whom the notice is issued may elect to proceed by:
(1) Paying the indicated fine, completing a required traffic education program, or both; or
(2) Challenging the charge in court, by mail, or by administrative hearing;
i. A statement that completion of any required traffic education program, payment of the indicated fine, and of any applicable penalty for late payment, or both, shall operate as a final disposition of the violation;
j. Information as to the availability of a hearing in which the violation may be contested on its merits;
k. Information about the time and manner in which a hearing may be had; and
l. A warning that failure to pay the civil penalty, to complete a required traffic education program, or to contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner of the vehicle.
3. A violation notice for an automated traffic law violation must also contain a copy of the recorded images, accompanied by a statement that recorded images are evidence of a violation of a red light signal.
4. Service of a violation notice may be made by:
a. Affixing the original or a facsimile of the notice to the vehicle; or
b. Handing the notice to the operator of the vehicle if he or she is present; or
c. In the case of service of an automated traffic law violation, by mail to the address of the registered owner of the cited vehicle as recorded with the secretary of state within thirty (30) days after the secretary of state notifies the village of the identity of the owner of the vehicle, but in no event later than ninety (90) days after the violation.
5. The following certifications are required:
a. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices must certify the correctness of the facts entered on the violation notice by signing the notice at the time of service or, in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the code enforcement administrator attesting to the correctness of all notices produced by the device while it was under his or her control.
b. In the case of an automated traffic law violation, a technician employed or contracted by the village must determine, based on inspection of recorded images, that the subject vehicle was being operated in violation of section 11-208.6 of the Illinois vehicle code or in violation of this code. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right of way to an emergency vehicle, no citation may be issued.
6. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, must be retained by the code enforcement administrator and must be kept as a record in the ordinary course of business.
7. A parking, standing, compliance, or automated traffic law violation notice issued, signed, and served in accordance with this section, a copy of the notice, or the computer generated record is prima facie correct and is considered prima facie evidence of the correctness of the facts shown on the notice.
8. The notice, copy, or computer generated record is admissible in any subsequent administrative or legal proceedings.
9. Additional notices must be sent in the manner and sequence established by this subsection B9 and must include, but are not limited to, the information specified herein:
a. Service of additional notices must be sent by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the secretary of state; or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States post office approved database; or, pursuant to section 11-1306 of the Illinois vehicle code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of the lease; or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States post office approved database. Service of additional notices is deemed complete as of date of deposit in the United States mail.
b. A second notice of a parking, standing, or compliance violation may be sent, which notice must contain, but is not limited to, the following information:
(1) The date and location of the violation cited in the parking, standing, or compliance violation notice;
(2) The particular regulation violated;
(3) The vehicle make and state registration number;
(4) Any requirement to complete a traffic education program;
(5) The fine and any penalty that may be assessed for late payment or failure to complete a traffic education program, or both, when so provided by ordinance;
(6) Information as to the availability of a hearing in which the violation may be contested on its merits;
(7) Information about the time and manner in which a hearing may be had; and
(8) A statement that failure to complete a required traffic education program, or to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any incomplete traffic education program or any unpaid fine or penalty, or both, will constitute a debt due and owing the village.
c. A notice of final determination of parking, standing, compliance, or automated traffic law violation liability must be sent following a final determination of parking, standing, compliance, or automated traffic law violation liability and the conclusion of judicial review procedures, which notice must contain, but is not limited to, the following information:
(1) A statement that the incomplete traffic education program or the unpaid fine or penalty, or both, is a debt due and owing the village; and
(2) Warnings that failure to complete any required traffic education program or to pay any fine or penalty due and owing the village, or both, within the time specified may result in the village's filing of a petition in the circuit court to have the incomplete traffic education program or unpaid fine or penalty, or both, rendered a judgment, or may result in suspension of the person's driver's license for failure to pay fines or penalties for ten (10) or more parking violations under section 6-306.5 of the Illinois vehicle code or five (5) or more automated traffic law violations under section 11-208.6 of the Illinois vehicle code.
C. Process For Violations Of Title 8: In the case of a violation of title 8 of this code, the provisions of this subsection C govern.
1. A violation notice must be issued on a standard village form and must contain, but is not limited to, the following information:
a. The name and address of the building owner, and also of the person in possession of the building if available;
b. The type and nature of the violation;
c. The date and time the violation was observed;
d. The names and addresses of witnesses to the violation, if any; and
e. The common street address where the violation was observed.
2. The violation notice must be forwarded to the code hearing department, where a docket number is stamped on all copies of the notice, and a hearing date noted in the blank spaces provided for that purpose on the form.
3. One copy of the violation notice must be maintained in the files of the code hearing department and will be part of the record of the hearing.
4. One copy of the violation notice must be returned to the building inspector for preparation of evidence of the violation for presentation at the hearing.
5. Service of a violation notice may be made:
a. By first class mail, which service must include a copy of the violation notice and a summons commanding the owner to appear at the hearing; or
b. If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, by posting the notice on the front door of the structure where the violation is found, not less than twenty (20) days before the hearing is scheduled.
D. Process For Violations Of Titles 3, 4, 5, 7, 9, 10, And 11: In the case of a violation of titles 3, 4, 5, 7, 9, 10, and 11 of this code, the provisions of this subsection D govern.
1. A violation notice must be issued on a multiple copy standard village form and must contain, but is not limited to, the following information:
a. The name and address of the defendant;
b. The type and nature of the violation;
c. The date and time the violation was observed; and
d. The names and addresses of witnesses to the violation, if any.
2. The violation notice must be forwarded to the code hearing department where a docket number must be stamped on all copies of the violation notice, and a hearing date must be noted in the blank spaces provided for that purpose on the form.
3. One copy of the violation notice must be kept in the files of the code hearing department and will be part of the record of hearing.
4. One copy of the violation notice must be returned to the individual representing the village in the case in order to prepare evidence of the code violation for presentation at the hearing on the date indicated.
5. Service of a violation notice may be made by first class mail, which service must include a copy of the violation notice and a summons commanding the defendant to appear at the hearing.
6. The violation notice or a copy thereof may be admissible in any subsequent administrative or judicial proceeding to the extent permitted by law. (Ord. 2010-01-692, 1-18-2010)