A. For violations of title 6 of this code pertaining to automated traffic law violations and violations concerning the standing, parking, or condition of vehicles:
1. Final Disposition: Payment of the indicated fine, and any applicable penalty for late payment, and completion of any required traffic education program and payment of any applicable penalty for late completion thereof, constitute final disposition of the violation.
2. Final Determination Of Liability: Final determination of violation liability occurs following failure to complete the required traffic education program, to pay the fine or penalty, or both, after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by this chapter.
3. Failure To Appear: Where defendant fails to appear at a hearing to contest the alleged violation in the time and manner specified in the violation notice, the hearing officer's determination of liability is final:
a. Upon denial of a timely petition to set aside hearing officer's determination; or
b. Upon expiration of the period for filing the petition without a filing having been made.
B. For violations of title 8 of this code:
1. Final Determination Of Liability: At the conclusion of the hearing on violations of title 8 of this code, the hearing officer makes a determination on the basis of the evidence presented at the hearing whether or not a violation exists.
2. Findings, Decision, And Order: The final determination of liability must be in writing and designated as findings, decision, and order. The findings, decision, and order must include, but is not limited to:
a. The hearing officer's findings of fact; and
b. A decision whether a violation exists based on the findings of fact; and
c. An order, ordering the owner to correct the violation or dismissing the case, if a violation has not been proved.
3. Service Of Findings, Decision, And Order: A copy of the findings, decision, and order must be served on the defendant within five (5) days after issuance, in the same manner as service of violation notice, in accordance with 65 Illinois Compiled Statutes 5/11-31.1-10.
4. Payment Of Penalty Or Fine: Payment of any penalty or fine and the disposition of fine money must be made in the same manner as set forth in the Illinois municipal code.
5. Sanctions Apply To Owner: An order to correct a violation, and the sanctions imposed by the village as the result of a finding of a violation of title 8 of this code, attach to the property as well as to the owner of the property, so that a finding of a violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision, and order of the hearing officer under this chapter.
C. For violations of titles 3, 4, 5, 7, 9, 10, and 11 of this code:
1. Final Determination Of Liability: At the conclusion of a hearing on violations of titles 3, 4, 5, 7, 9, 10, and 11 of this code, the hearing officer makes a determination on the basis of the evidence presented at the hearing as to whether or not a code violation exists.
2. Findings, Decision, And Order: The final determination of liability must be in writing and designated as findings, decision and order. The findings, decision, and order must include, but is not limited to:
a. The hearing officer's findings of fact; and
b. A decision of whether or not a code violation exists based upon the findings of fact; and
c. An order stating the sanction or dismissing the case if a violation is not proved.
3. Service Of Findings, Decision, And Order: A copy of the findings, decision, and order must be served on the defendant within five (5) days after issuance, in the same manner as service of violation notice, in accordance with 65 Illinois Compiled Statutes 5/1-2.2-45.
4. Payment Of Penalty Or Fine: Payment of any penalty or fine and the disposition of fine money must be made in the same manner as set forth in the Illinois municipal code. (Ord. 2010-01-692, 1-18-2010)