(A) When the automated traffic law enforcement system records a motor vehicle entering an intersection in violation of § 77.02, the city shall issue a written notice of violation to the registered owner or lessee of the vehicle.
(1) The notice of violation shall be delivered by U.S. mail within 30 days after the Illinois Secretary of State notifies the city of the identity of the registered owner or lessee of the vehicle, and in no event later than 90 days following the violation.
(2) The city 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.
(3) If the driver information is not provided within 60 days, the leasing company/lessor may be found liable.
(4) 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. The second notice shall be made by first class mail, postage prepaid.
(B) A notice of violation associated with an automated traffic law violation shall require a review of the associated recorded image by the Traffic Compliance Administrator, who shall inspect the image and determine whether the motor vehicle was being operated in violation of § 77.02, or whether one of the defenses enumerated in § 77.03 is visibly applicable upon inspection.
(1) 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 for above.
(2) The Traffic Compliance Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner of the vehicle.
(3) Each notice of violation shall constitute evidence of the facts contained in the notice, 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 in this chapter.
(C) The notice of violation shall include the following information:
(1) The 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owner or lessee of the vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in a United States Post Office-approved database;
(2) The make (only if discernable) and registration number of the motor vehicle involved in the violation;
(3) The violation charged;
(4) The location where the violation occurred;
(5) The date and time of the violation;
(6) A copy of the recorded images;
(7) The amount of the civil penalty and the date by which the penalty should be paid (21 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 may result in an additional late fee being assessed against the owner or lessee;
(9) The amount of the late fee;
(10) A statement that the 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 a violation;
(12) A statement that the person may elect to proceed by paying the fine or challenging the charge in court, by mail or by administrative hearing; and
(13) A statement of how an administrative hearing may be requested.
(Ord. 08-833, passed 12-17-08)