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A. There is hereby established a system of administrative adjudication. The function is to provide for the fair and efficient enforcement of village regulations through the administrative adjudication of violations of village ordinances in the manner set forth in this chapter. The provisions as set forth in this chapter are for the administrative adjudication of:
1. The standing and parking of vehicles;
2. The condition and use of vehicle equipment; and
3. The display of wheel tax licenses.
B. The system of administrative adjudication shall only have authority to adjudicate civil offenses carrying fines not in excess of five hundred dollars ($500.00) or requiring the completion of a traffic education program, or both. (Ord. 2011-28, 12-20-2011)
For purposes of this chapter, the following definitions shall apply:
COMPLIANCE VIOLATION: A violation of a village regulation governing the condition or use of equipment on a vehicle or governing the display of a wheel tax license.
TRAFFIC COMPLIANCE ADMINISTRATOR: An administrator who is authorized to:
A. Adopt, distribute and process parking and compliance violation notices and other notices;
B. Collect money paid as fines and penalties for violation of parking and compliance ordinances;
C. Operate an administrative adjudication system; and
D. Make a certified report to the secretary of state under 625 Illinois Compiled Statutes 5/6-306.5. (Ord. 2011-28, 12-20-2011)
A. A parking, standing, or compliance violation notice shall specify:
1. The date, time, and place of violation of a parking, standing, or compliance regulation;
2. The particular regulation violated;
3. Any requirement to complete a traffic education program;
4. The fine and any penalty that may be assessed for late payment or failure to complete a required traffic education program, or both;
5. The vehicle make and state registration number; and
6. The identification number of the person issuing the notice.
B. The violation notice shall also:
1. State that the completion of any required traffic education program, the payment of any indicated fine, and the payment of any applicable penalty for late payment or failure to complete a required traffic education program, or both, shall operate as a final disposition of the violation;
2. Contain information as to the availability of a hearing in which the violation may be contested on its merits; and
3. Specify the time and manner in which a hearing may be had. (Ord. 2011-28, 12-20-2011)
A. Service of the parking, standing, or compliance violation notice shall be by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of a vehicle if they are present.
B. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing their name to the notice at the time of service or in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under their control.
C. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business.
D. A parking, standing, or compliance violation notice issued, signed and served in accordance with this chapter, a copy of the notice, or the computer generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice, copy, or computer generated record shall be admissible in any subsequent administrative or legal proceedings. (Ord. 2011-28, 12-20-2011)
A. An opportunity for an administrative hearing shall be granted for the registered owner of the vehicle or the lessee of a vehicle under 625 Illinois Compiled Statutes 5/11-1306 cited in the parking, standing, or compliance violation notice to contest the merits of the alleged violation.
B. Formal or technical rules of evidence shall not apply at the hearing.
C. The hearings shall be recorded.
D. The person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers.
E. Persons appearing at a hearing under this chapter may be represented by counsel at their expense. (Ord. 2011-28, 12-20-2011)
Service of additional notices, sent by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as 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, or 625 Illinois Compiled Statutes 5/11-1306 or 5/11-208.6(p) to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease 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. The service shall be deemed complete as of the date of deposit in the United States mail. The notices shall be in the following sequence and shall include, but not be limited to, the information specified herein:
A. Second Notice: A second notice of parking, standing, or compliance violation shall specify:
1. The date and location of the violation cited in the parking, standing, or compliance violation notice;
2. The particular regulation violated;
3. The vehicle make and state registration number;
4. Any requirement to complete a traffic education program;
5. The fine and any penalty that may be assessed for late payment or failure to complete a traffic education program, or both;
6. The availability of a hearing in which the violation may be contested on its merits;
7. The time and manner in which the hearing may be had;
8. That the failure to complete a required traffic education program, to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated; and
9. That, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any incomplete traffic education program or any unpaid fine or penalty, or both, will constitute a debt due and owing the village.
B. Final Notice: A notice of final determination of parking, standing, or compliance violation liability shall be sent following a final determination of parking, standing, or compliance violation liability and the conclusion of judicial review procedures taken under this chapter. The notice shall:
1. State that the incomplete traffic education program or the unpaid fine or penalty, or both, is a debt due and owing the village; and
2. Contain warnings that failure to complete any required traffic education program or to pay any fine or penalty due and owing the village, within the time specified may result in the village's filing of a petition in the circuit court to have the incomplete traffic education program or unpaid fine or penalty, or both, rendered a judgment as provided by this chapter, or may result in suspension of the person's driver's license for failure to complete a traffic education program or to pay fines or penalties, or both, for ten (10) or more parking violations under 625 Illinois Compiled Statutes 5/6-306.5. (Ord. 2011-28, 12-20-2011)
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