(1) Pay the indicated fine in the manner indicated on the notice; or, either
(2) Submit the materials set forth in § 39.35 to obtain an adjudication by mail; or
(3) Request an administrative hearing as set forth in § 39.36 to contest the charged violation. A response by mail shall be deemed timely if postmarked within 10 days of the issuance of the notice of violation.
A respondent served with a Compliance “C” ticket and minor violation notice pursuant to § 70.03 may settle the charge in accordance with § 70.03(B). If the respondent fails to settle the charge within the time frames set forth in § 70.03(B), he or she must either (1) submit the materials set forth in § 39.35 to obtain an adjudication by mail; or (2) appear at the administrative hearing on the date specified in the ticket and notice to contest the charged violation.
(B) If the respondent submits documentary evidence to obtain an adjudication by mail pursuant to § 39.35, the Village Traffic Compliance Administrator shall send respondent a copy of the Administrative Hearing Officer’s determination in accordance with division (F) of this section.
(C) (1) If the respondent requests an administrative hearing to contest the cited violation pursuant to § 39.36, the Village Traffic Compliance Administrator shall notify the respondent in writing of the location and time available for a hearing in accordance with division (F) of this section.
(2) Where a respondent who has requested an administrative hearing fails to either pay the stated fine prior to the hearing or appear at the hearing, a determination of violation liability shall be entered in the amount of the fine indicated on the notice of violation, plus costs. In addition, a penalty for late payment shall be immediately assessed in the amount set forth in division (E) of this section. The Village Traffic Compliance Administrator will cause a notice of liability to be sent to the respondent in accordance with division (F) of this section. Upon the occurrence of a final determination of liability as provided for in § 39.38, any unpaid fine, penalty and/or costs will constitute a debt due and owing the Village.
(D) (1) If no response is made in accordance with division (A) of this section, a penalty for late payment shall be immediately assessed in the amount set forth in division (F) of this section, and the Village Traffic Compliance Administrator shall cause a second notice of violation to be sent to the respondent in accordance with division (G) of this section. The notice shall specify the date, time and location of the violation, the make and state registration number of the cited vehicle, the Code provision violated, the applicable fine and penalty, and the time and manner in which the respondent may obtain an adjudication by mail or request a hearing to contest the violation. If the respondent requests an administrative hearing to contest the cited violation, the Village Traffic Compliance Administrator will cause a notice of hearing to be sent to the respondent as provided in division (D) of this section.
(2) If the respondent fails to pay the indicated fine and penalty, submit documentary evidence to obtain an adjudication by mail, or request a hearing to contest the charged violation within 10 days from the date of such notice, as provided in § 39.33(A), or, for Compliance “C” tickets issued pursuant to § 70.03, fails to settle the charge in accordance with that section, submit documentation, or to subsequently appear at the assigned administrative hearing date, a determination of liability shall be entered in the amount of the fine indicated on the notice of violation, plus the applicable penalty. Upon the occurrence of a final determination of liability, an unpaid fine, penalty, and/or cost will constitute a debt due and owing the Village. The second notice of violation shall provide the above information.
(E) A penalty for late payment may be imposed as indicated throughout the chapter. The penalty for late payment shall be an amount equal to the fine for the subject violation. Only 1 late payment penalty may be imposed on each violation. Costs may also be assessed against a respondent in the discretion of the Hearing Officer.
(F) The Village Traffic Compliance Administrator shall serve the notice of hearing, the second notice of violation, the Administrative Hearing Officer’s determination, the notice of final determination of liability, the notice of impending vehicle immobilization, and the notice of impending driver’s license suspension, where applicable, by first-class mail, postage prepaid, to the address of the registered owner of the vehicle as recorded with the Secretary of State of Illinois. If the vehicle is registered in a state other than Illinois, the Village Traffic Compliance Administrator shall send the notice in question to the address of the registered owner as recorded in such other state’s registry of motor vehicles.
(Ord. 44, passed 10-21-2008; Am. Ord. CO-2014-16, passed 4-15-2014)