A. Notice Of Impending Driver's License Suspension: Notice of impending suspension of a person's driver's license must be sent to any person determined to be liable for failure to complete a required traffic education program or to pay any fine or penalty that remains due and owing, or both, on ten (10) or more vehicular standing, parking, or compliance violations or five (5) or more automated traffic law violations, which notice must contain, but is not limited to, the following:
1. A statement that the failure to complete a required traffic education program or to pay the fine or penalty owing, or both, within forty five (45) days after the date of the notice must result in the village notifying the secretary of state that the person is eligible for initiation of suspension proceedings under 625 Illinois Compiled Statutes 5/6-306.5;
2. A statement that the person may obtain a photocopy of an original ticket imposing a fine or penalty by sending a self- addressed, stamped envelope to the village along with a request for the photocopy.
B. Sending Notice: Notice of impending suspension of driver's license issued pursuant to subsection A of this section must be sent by first class United States mail, postage prepaid, to the address 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.
C. Report To Secretary Of State: Upon a failure to pay fines and penalties deemed due and owing the village pursuant to title 6 of this code, pertaining to automated traffic law violations and violations concerning the parking, standing, and condition of vehicles, and after the exhaustion of the procedures set forth herein, the code enforcement administrator may make a certified report to the secretary of state pursuant to 625 Illinois Compiled Statutes 5/6-306.5(c) in a form prescribed by the secretary of state, stating that the owner or lessee of a registered vehicle has failed to pay the fine or penalty due and owing the village as a result of ten (10) or more violations concerning the parking, standing, and condition of vehicles, or five (5) or more automated traffic law violations, and thereby may initiate the suspension of that person's driver's license.
D. No Further Action Until Fines Paid Or Determination Of Error: The code enforcement administrator may take no further action thereafter unless and until the fines and penalties due and owing the village are paid or on a determination that the inclusion of the person's name on the certified report was in error. At either such time, the code enforcement administrator may submit to the secretary of state a notification that may result in the halting of a driver's license suspension proceeding pursuant to 625 Illinois Compiled Statutes 5/6-306.5(d). The person named therein must receive a certified copy of such notification upon request and at no charge.
E. Challenge To Accuracy: Persons may challenge the accuracy of the certified report by completing and filing, within twenty one (21) days after the date of the secretary of state's notice under 625 Illinois Compiled Statutes 5/6-306.5(b), a form provided by the code enforcement administrator specifying the grounds on which the challenge is based. Grounds for challenge are limited to the following:
1. The person was neither the owner nor the lessee of the vehicle receiving the ten (10) or more violation notices concerning standing, parking or compliance or five (5) or more automated traffic law violations on the date or dates such notices were issued; or
2. The person has paid the fine and penalty for the ten (10) or more violations concerning standing, parking or compliance or five (5) or more automated traffic law violations indicated on the certified report; or
3. Excusable failure to appear at or request a new hearing date.
F. Notice Of Determination: The code enforcement administrator must give notice of a determination on a challenge to accuracy pursuant to subsection E of this section within fourteen (14) days after receipt of the form, and must notify the person filing the challenge of the determination, and, if applicable, notify the Secretary of State. (Ord. 2010-01-692, 1-18-2010)