1-14-6: ADMINISTRATIVE HEARINGS:

An administrative hearing to adjudicate any alleged ordinance violation on its merits, or to contest the validity of a notice of impending immobilization or impending impoundment, or the validity of a notice of impending driver's license suspension shall be granted to the registered owner or operator of the "cited vehicle", pursuant to 625 Illinois Compiled Statutes 5/11-208.3 or the lessee of the "cited vehicle", 625 Illinois Compiled Statutes 5/11-1306, incorporated herein by reference and at the date, time and place as is set forth by the ordinance enforcement administrator and served upon the registered owner, operator or lessee for hearings contesting the validity of notices of impending immobilization or impending impoundment or driver's license suspension. All administrative hearings shall be recorded and shall culminate in a determination of liability or nonliability, made by the hearing officer, who shall consider facts and/or testimony without the application of the formal or technical rules of evidence. Evidence including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. The hearing officer shall, upon a determination of liability, assess fines and penalties in accordance with section 1-14-11, "Schedule Of Fines/Penalties", of this chapter. Persons appearing to contest the alleged violation on its merits may be represented by counsel at their own expense. The burden of proof shall be on the alleged offender to refute the prima facie case set forth in the verified notice of violation. (Ord. 1531, 4-12-2010)

1-14-7: NOTICES:

   A.   Upon failure of the person receiving a notice of a violation of a village ordinance, other than that regarding traffic, to appear at the time and date designated for a hearing or, in the case of a violation regarding traffic, the registered owner, operator or lessee of the cited vehicle to pay the fine, in full as stated on said notice, the ordinance enforcement administrator shall send or cause to be sent notices by first class mail, postage prepaid, to the person who received the notice of an ordinance violation; or, in the case of the violation regarding traffic, the registered owner or operator of the "cited vehicle" at the address as is recorded with the secretary of state, and shall be sent to the lessee of the "cited vehicle" at the address last known to the lessor of the "cited vehicle" at the time of the lease. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.

   B.   The notices sent in accordance herewith shall be in the following sequences and contain, but not be limited to, the following information:

      1.   Upon a failure of the person receiving notice of an ordinance violation or, in the case of a notice of a violation regarding traffic, the registered owner, operator or lessee of the "cited vehicle" to pay the fine in full as stated on said notice, a notice shall be sent, as above set forth, and shall contain, but not be limited to, the following information:

         a.   Date and location of violation cited in the violation notice;

         b.   Particular ordinance violated;

         c.   Vehicle make and state registration number (if applicable);

         d.   Fine and any penalty that may be assessed for late payment;

         e.   A section entitled "Notice Of Hearing" which shall clearly set forth that the person receiving a notice of ordinance violation, in the case of a violation regarding traffic, or the registered owner, operator or lessee may appear at an administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the notice of hearing;

         f.   Date, time and place of the administrative hearing at which the alleged violation may be contested on its merits;

         g.   Statement that failure to either pay fine and any applicable penalty or failure to appear at the hearing on its merits on the date and at the time and place specified will result in a final determination of liability for the "cited" violation in the amount of the fine and penalty indicated; and

         h.   Statement that upon the occurrence of a final determination of liability for the failure, and the exhaustion of, or the failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the village.

   C.   A notice of final determination of liability shall be sent following the conclusion of administrative hearing, as is hereinafter set forth, and shall contain, but not be limited to, the following information and warnings:

      1.   A statement that the unpaid fine and any penalty assessed is a debt due and owing the village.

      2.   A statement of any sanction ordered or costs imposed which costs are debts due and owing the village.

      3.   A warning that failure to pay the fine and any penalty due and owing the village within the time specified may result in proceeding with collection procedures in the same manner as a judgment entered by any court of competent jurisdiction.

      4.   A warning that the person's driver's license may be suspended for failure to pay fines or penalties for ten (10) or more vehicular standing or parking violations under 625 Illinois Compiled Statutes 5/6-306.5, incorporated herein by reference.

      5.   A warning that the vehicle owned by the person and located within the village may be immobilized and impounded for failure to pay fines or penalties for ten (10) or more vehicular standing or parking regulation violations.

      6.   Any other warning of possible impoundment as permitted by law or ordinance.

   D.   A notice of impending suspension of a person's driver's license shall be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on ten (10) or more vehicular standing or parking regulation violations.

      1.   The notice shall state that the failure to pay the fine or penalty owing within forty five (45) days of the date of the notice will result in the village's notifying the secretary of state that the person is eligible for initiation of suspension proceedings under 625 Illinois Compiled Statutes 5/6-306.5, incorporated herein by reference.

      2.   The notice of impending driver's license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the secretary of state. (Ord. 1531, 4-12-2010)

1-14-8: FINAL DETERMINATION OF LIABILITY:

A final determination of liability shall occur following the failure to pay the fine or penalty after the hearing officer's determination of liability and the exhaustion of, or the failure to exhaust, any administrative review procedures hereinafter set forth. Where a person fails to appear at the administrative hearing to contest the alleged violation on the date and at the time and place specified in a prior served or mailed notice, the hearing officer's determination of liability shall become final either upon a denial of a timely petition to set aside that determination or upon the expiration of the period for filing a petition without a filing having been made. (Ord. 1531, 4-12-2010)

1-14-9: JUDICIAL REVIEW:

Any final decision by a Hearing Officer that a Code violation does or does not exist shall constitute a final determination for purposes of judicial review under the Illinois Administrative Review Law. (Ord. 1531, 4-12-2010)