A. Authorization: The village is hereby authorized to prepare and send to the secretary of state certified reports as authorized by section 6-306.5(c) of the vehicle code1. 625 ILCS 5/6-306.5.1 seeking suspension of driving privileges for owners of a registered vehicle who have failed to pay any fine or penalty due and owing as a result of ten (10) or more violations of the village's vehicular standing, parking or compliance regulations or for owners who are more than fourteen (14) days in default of a payment plan pursuant to which a suspension had been terminated under subsection (c) of section 6-306.5, 625 Illinois Compiled Statutes 5/6-306.5(c).
B. Notice Of Impending Driver's License Suspension Pursuant To 625 Illinois Compiled Statutes 5/11-208.3(b)(6): Notice shall be sent to the person 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 parking violations (or combination of 5 or more automated traffic law violations). The notice shall state that failure to complete a required traffic education program or to pay the fine or penalty owing, or both, within forty five (45) days of the notice's date will 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 of the vehicle code. The notice shall also state that the person may obtain a photostatic copy 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 photostatic copy. The notice of impending driver's license suspension shall 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. Procedures For Challenge To Certified Report: Any owner may challenge a certified report on grounds which are limited to the following: that either: 1) the person had not been the owner or lessee of the vehicle receiving ten (10) or more standing, parking or compliance violation notices on the date or dates such notices were issued, or 2) the person has already paid the fine or penalty for the ten (10) or more standing, parking, or compliance violations indicated on the certified report. The procedures for a challenge shall be as follows: Said owner may make a request for a hearing on a challenge within five (5) business days from the date of the notice of the certified report from the secretary of state. Said request shall be made in person and in writing at the police department administrative offices, Monday through Friday, excluding holidays, from nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. ("business hours"). If the request for a hearing is timely filed, the chief of police or his designee shall conduct a hearing on the challenge of the accuracy of the certified report within twenty four (24) hours after the request, or by a date mutually agreeable to the parties and during business hours. All interested persons will be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply and hearsay evidence shall be admissible. If, after the hearing, the chief of police or his designee determines that there is sufficient evidence in favor of the challenge, the secretary of state shall be notified accordingly. If after the hearing, the chief of police determines that there is not sufficient evidence in favor of the challenge, the challenge shall be denied and no further notice shall be required to the secretary of state.
D. Notice To The Secretary Of State: The village shall notify the secretary of state if after making a certified report the person named in the report has paid the previously reported fine or penalty or has entered into a payment plan pursuant to which the village has agreed to terminate the suspension, or whenever the village determines that the original report was in error. A certified copy of such notification shall also be given upon request and at no additional charge to the person named therein. (Ord. 2015-32, 12-15-2015)