(A) Upon conclusion of a hearing under § 39.36, the Administrative Hearing Officer shall issue a determination of no liability or of liability in the amount of the fine for the subject violation. Upon issuance, such determination shall constitute a final determination for the purpose of judicial review under the Administrative Review Law of Illinois. Failure by the respondent to pay the fine imposed within 10 days shall result in the imposition of a penalty for late payment pursuant to § 39.33(E). Where requested by the Village, the Administrative Hearing Officer is authorized to impose a term of community service in lieu of a fine. Such community service may be performed through a program administered by the Village, if available, or at a not-for-profit organization within the Village. Where a defendant fails to perform community service as ordered by the Administrative Hearing Officer, the term of community service may be converted to a fine.
(B) If a person fails to respond to the violation notice and the second notice of violation, or fails to appear at a requested hearing, a determination of liability shall be entered pursuant to either § 39.33(C) or (D) and shall be served upon the person in accordance with § 39.33(F). Such determination shall become final for purpose of judicial review under the Administrative Review Law of Illinois upon the denial of, or the expiration of the time in which to file, a timely petition to set aside the determination as provided in division (C) of this section.
(C) Within 21 days from the issuance of a determination of liability pursuant to division (B) of this section, the person against whom the determination was entered may petition the Village Traffic Compliance Administrator by appearing in person, at the location specified in the determination, to set aside the determination; provided, however, the grounds for the petition shall be limited to:
(1) The person not having been the owner or lessee of the cited vehicle on the date the standing, parking, compliance, or automated traffic law violation notice was first issued;
(2) The person having already paid the fine or penalty for the violation in question; or
(3) Excusable failure, based upon criteria established by the Village Traffic Compliance Administrator, to appear at or request a new date for hearing.
(Ord. 44, passed 10-21-2008)