§ 10.20 ADMINISTRATIVE ADJUDICATION OF CODE VIOLATIONS.

(A) Purpose. The stated purpose of this section is to provide for fair and efficient enforcement of the city's code, as may be allowed by law and directed by ordinance, by establishing a system for administrative adjudication of violations of certain provisions of the city's code, including, but not limited to, a system for the fair and efficient enforcement of parking violations, compliance violations and automated traffic law violations through the administrative adjudication of parking violations, compliance violations and automated traffic law violations, by establishing a schedule of fines, costs and penalties for violations, by providing for authority and procedures for collection of unpaid fines, costs and penalties imposed through administrative adjudication, establishing a system for motor vehicle immobilization and by enforcement of orders to correct violations entered through administrative adjudication.

(B) (1) Creation of Code Hearing Unit; jurisdiction. There is hereby created within the city an executive unit of the city's government to be known as the "City of Oakbrook Terrace Code Hearing Unit," which is authorized to provide for and operate a "system of administrative adjudication," for adjudication of violations contained in the following chapters of the city's code, as now in effect or hereafter adopted or amended:

(a) Chapter 35 Taxes;

(b) Chapter 50 Public and Private Sewer Collection Systems;

(d) Chapter 52 Water Supply Systems;

(e) Chapter 53 Trees on City Property;

(f) Chapter 70 General Provisions (except any offense that is a traffic regulation governing the movement of motor vehicles or a reportable offense under § 6-204 of the Illinois Vehicle Code);

(g) Chapter 71 Traffic Regulations (except any offense that is a traffic regulation governing the movement of motor vehicles or a reportable offense under § 6-204 of the Illinois Vehicle Code);

(h) Chapter 72 Parking Regulations;

(i) Chapter 73 Snow Emergency;

(j) Chapter 75 Parking Schedule;

(k) Chapter 79 Automated Traffic Law Enforcement System;

(l) Chapter 90 Abandoned Vehicles;

(m) Chapter 92 Animal Control;

(n) Chapter 95 Public Rights-of-Way;

(o) Chapter 97 City Parks;

(p) Chapter 110 Fees; General Business License and Registration Provisions;

(q) Chapter 111 Food and Beverages, except for the subchapter entitled "Alcoholic Liquor Control";

(r) Chapter 113 Amusement Licenses;

(s) Chapter 115 Filling Stations;

(t) Chapter 116 Raffles;

(u) Chapter 117 Fraudulent Sales;

(v) Chapter 118 Vending Machines;

(w) Chapter 119 Massage;

(x) Chapter 121 Rental Dwellings;

(y) Chapter 122 Adult Uses;

(z) Chapter 126 Unscheduled Intercity Buses;

(aa) Chapter 150 Codes and Regulations Governing Construction of Buildings and Structures;

(bb) Chapter 152 Stormwater Management and Flood Plain Development;

(cc) Chapter 153 Demolition;

(dd) Chapter 154 Fees and Deposits;

(ee) Chapter 156 Zoning Code;

(ff) Chapter 157 Property Maintenance Code;

(gg) Chapter 158 Electrical Code;

(hh) Chapter 159 Subdivision Regulations; and

(ii) Chapter 160 Plumbing Code;

(2) The foregoing notwithstanding:

(a) Proceedings not within the statutory or home-rule authority of the city; and

(b) Any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of motor vehicles or a reportable offense under § 6-204 of the Illinois Vehicle Code, shall not be subject to administrative adjudication pursuant to the provisions of this section.

(C) Definitions. As used in this section, words or terms shall have the following meanings unless the context or usage clearly indicates that another meaning is intended:

ADMINISTRATIVE HEARING OFFICER. The person or persons appointed by the Mayor to the office of Administrative Hearing Officer.

AUTOMATED TRAFFIC LAW ENFORCEMENT DEVICE. A device with one or more motor vehicle sensors working in conjunction with a red-light signal to produce recorded images of motor vehicles entering an intersection against a red-light signal in violation of § 11-306 of the Illinois Vehicle Code or a similar provision of this code and is designed to obtain a clear recorded image of a motor vehicle and the motor vehicle's license plate.

AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM. One or more automated traffic law enforcement devices established at an intersection in the city pursuant to this code.

AUTOMATED TRAFFIC LAW VIOLATION. A violation described in § 11-208.6 of the Illinois Vehicle Code of a motor vehicle entering an intersection against a red-signal indication in violation of § 11-306 of the Illinois Vehicle Code or a similar provision of this code evidenced by the recorded images produced by an automated traffic law enforcement system.

AUTOMATED TRAFFIC LAW VIOLATION NOTICE. A written notice of an automated traffic law violation issued pursuant to §§ 11-208.3 and 11-208.6 of the Illinois Vehicle Code and pursuant to the provisions of this code.

CERTIFIED REPORT. A report concerning ten or more parking violations or compliance violations or five or more unpaid fines or penalties for automated traffic law violations made by the city to the Secretary of State in accordance with § 6-306.5 of the Illinois Vehicle Code.

CITY. The City of Oakbrook Terrace, Illinois.

CODE. The Code of Oakbrook Terrace, Illinois.

COMPLIANCE VIOLATION. A violation, described in § 11-208.3 of the Illinois Vehicle Code, of a provision of this code governing the condition or use of equipment on a motor vehicle.

COMPLIANCE VIOLATION NOTICE. A written notice of a compliance violation issued pursuant to § 11-208.3 of the Illinois Vehicle Code and pursuant to the provisions of this code.

ILLINOIS VEHICLE CODE. Chapter 625, Act 5 of the Illinois Compiled Statutes, (ILCS Ch. 625, Act 5, §§ 1-100 et seq.), as amended.

NOTICE OF FINAL DETERMINATION. A notice of final determination of vehicular parking violation, compliance violation and automated traffic law violation liability issued pursuant to § 11-208.3 of the Illinois Vehicle Code and pursuant to the provisions of this code.

NOTICE OF IMPENDING VEHICLE IMMOBILIZATION. A notice advising the registered owner of a motor vehicle that final determinations of liability have been made on ten or more vehicular parking violations or compliance violations and five or more automated traffic law violations, the fines and penalties for which remain unpaid, and that any motor vehicles owned by the person and located within the city are subject to immobilization and/or towing and impoundment if the fines and penalties are not paid issued pursuant to § 11-208.3 of the Illinois Vehicle Code and pursuant to the provisions of this code.

NOTICE OF SUSPENSION. A notice of impending driver's license suspension issued pursuant to § 11-208.3 of the Illinois Vehicle Code and pursuant to the provisions of this code.

PARKING VIOLATION. A violation described in § 11-208.3 of the Illinois Vehicle Code or of a provision of this code governing the standing or parking of a motor vehicle.

PARKING VIOLATION NOTICE. A written notice of a parking violation issued pursuant to § 11-208.3 of the Illinois Vehicle Code and pursuant to the provisions of this code.

POST IMMOBILIZATION/TOWING NOTICE. A notice advising the registered owner of a motor vehicle immobilized or towed and impounded of the right to a prompt administrative hearing issued pursuant to § 11-208.3 of the Illinois Vehicle Code and pursuant to the provisions of this code.

RECORDED IMAGES. Images showing the time, date and location of an automated traffic law violation recorded by an automated traffic law enforcement device on:

(a) Two or more photographs;

(b) Two or more microphotographs;

(d) A video recording showing the motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.

REVIEW TECHNICIAN. A law enforcement officer or retired law enforcement officer of the city appointed by the Mayor, with and by the consent of the City Council to review and approve the determinations of the technician that a motor vehicle was being operated in violation of § 11-208.6 of the Illinois Vehicle Code or the provisions of this code.

SECRETARY OF STATE. The Illinois Secretary of State.

TECHNICIAN. A person, appointed by the Chief of Police, and employed by the city or, if not employed by the city, contracted by the city to make determinations that, based on the inspection of recorded images, a motor vehicle was being operated in violation of § 11-208.6 of the Illinois Vehicle Code or the provisions of this code.

TRAFFIC COMPLIANCE ADMINISTRATOR. The person appointed by the Chief of Police to the office of Traffic Compliance Administrator authorized to adopt, distribute and process parking violation notices, compliance violation notices or automated traffic law violation notices and other notices required by this section, collect money paid as fines and penalties for violation of parking and compliance ordinances or automated traffic law violations, make a certified report to the Secretary of State under § 6-306.5 of the Illinois Vehicle Code and operate an administrative adjudication system.

(D) Hearing procedures non-exclusive. The provisions of this section shall not preclude the city from using other methods or proceedings to enforce the city's code, including, but not limited to, the institution of any action in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, or any other administrative proceeding.

(E) Composition of Code Hearing Unit. The Code Hearing Unit shall be composed of an Administrative Hearing Officer, a Code Enforcement Administrator, the Code Enforcement Officer, Traffic Compliance Administrator, hearing room personnel, and any other duly appointed person or persons deemed necessary for the efficient administration of the Code Hearing Unit, with the following powers, duties and authority:

(1) Administrative Hearing Officer. All adjudicatory hearings shall be recorded and shall be presided over by an Administrative Hearing Officer who shall be an attorney licensed to practice law in the State of Illinois for no less than three years. The Administrative Hearing Officer shall be appointed by the Mayor.

(a) Prior to conducting administrative adjudication hearings, the Administrative Hearing Officer shall have successfully completed a formal training program, which includes the following:

1. Instruction on the rules of procedure for the administrative hearings that he or she will conduct;

2. Orientation to each subject area of the city's code violations that the Administrative Hearing Officer will adjudicate;

3. Observation of or participation in administrative hearings; and

4. Participation in hypothetical cases, including ruling on evidence and issuing final orders.

(b) The Administrative Hearing Officer is hereby authorized, empowered and directed to:

1. Administer oaths and affirmations to witnesses;

2. Hear testimony and accept evidence that is relevant to the existence or non-existence of a code violation;

3. Issue subpoenas for the production of relevant documents and/or directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives, or upon the initiative of the Administrative Hearing Officer;

4. Provide for the accurate recordation of the administrative adjudication hearings;

5. Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing;

6. a. Issue a final determination, in writing, based on the evidence presented at the hearing, as to:

(i) Whether a code violation, parking violation, compliance violation or automated traffic law violation occurred or exists;

(ii) The validity of notices of impending vehicle immobilization and impoundment;

(iii) The validity of the immobilization, towing and impoundment of motor vehicles; and

(iv) The validity of notice of impending driver's license suspension in accordance with the provisions of this section.

b. The final determination shall include written findings of fact, a decision, and an order imposing a penalty, which may include any fine, penalty, hearing costs in an amount of $50, or corrective action with which the violator must comply by a date certain; provided that such penalties shall be only as are consistent with applicable provisions of the city's code; and further provided that the Administrative Hearing Officer shall not be authorized to:

(i) Impose a penalty of incarceration; or

(ii) Impose fines totaling in excess of the greater of $50,000 or the maximum amount established by the Mandatory Arbitration System prescribed by the Rules of the Illinois Supreme Court from time to time for the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, against a single violator;

(iii) Impose a fine in excess of $250 per violation for an automated traffic law violation;

(iv) Impose hearing costs for an automated traffic law violation; and

(v) Impose a fine in excess of $500 per violation for a parking violation or a compliance violation, except as otherwise provided for unauthorized use of disability or disabled veteran license plates, parking decal or device for parking a motor vehicle.

7. Hold prehearing conferences for the purpose of settlement, scheduling or simplification of issues; and

8. Rule on motions, objections and the admissibility of evidence, provided, however, that the Administrative Hearing Officer is not empowered to rule on motions raising constitutional issues.

(2) Code Enforcement Administrator. The Code Enforcement Administrator shall be under the supervision of the city’s Director of Community and Economic Development. The Code Enforcement Administrator is hereby authorized, empowered and directed to:

(a) Operate and manage, on a day-to-day basis, the system of administrative adjudication of code violations as provided by this section, other than parking violations, compliance violations or automated traffic law violations;

(b) Prepare, distribute and process all notices as may be required under this section, or as may reasonably be required to carry out the stated purpose of this section, other than parking violation notices, compliance violation notices or automated traffic law violation notices;

(c) Collect moneys paid as fines, costs and/or penalties assessed after a determination of liability, other than fines, costs and/or penalties assessed for parking violations, compliance violations or automated traffic law violations;

(d) Promulgate rules and regulations reasonably required to operate and maintain the system of administrative adjudication hereby established, other than for parking violations, compliance violations or automated traffic law violations;

(e) Collect unpaid fines and penalties, including the use of private collection agencies that may be retained by the city, direct the City Attorney to file complaints in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, or ask the city's Finance Department to select or appoint an agency to act on behalf of the city to file complaints, seek judgments for unpaid fines, costs or penalties and pursue all post-judgment remedies available under current law, other than fines, costs and/or penalties assessed for parking violations, compliance violations or automated traffic law violations; and

(f) Operate and maintain any computer programs for the system of administrative adjudication hereby established, on a day-to-day basis, other than parking violations, compliance violations or automated traffic law violations including, but not limited to:

1. Inputting of violation notice information;

2. Establishing hearing dates and notice dates;

3. Recording fines, costs and penalty assessments and payments;

4. Issuing payment receipts;

5. Issuing succeeding notices of hearing dates, determinations of liability, and/or final determinations of liability; and

6. Keeping accurate records of appearances and nonappearances of parties at administrative hearings, pleas entered and fines, costs and other penalties assessed and paid.

(3) Code Enforcement Officer. The Code Enforcement Officer shall be hired by the city as an independent contractor, at the recommendation of the City Administrator and Director of Community and Economic Development, and such person is hereby authorized and directed to:

(a) Conduct inspections of properties in the city for determination of compliance or violations with the city's codes;

(b) Issue administrative citations, as determined to be necessary, for violations or non-compliance with the city's codes;

(c) Testify and present evidence at the administrative hearing as necessary to prove a violation or non-compliance with the city's codes; and

(d) Assist the Code Enforcement Administrator with preparation and service of notices of violation or non-compliance with the city's codes.

(4) Traffic Compliance Administrator. The Traffic Compliance Administrator shall be appointed by the Chief of Police. The Traffic Compliance Administrator is hereby authorized, empowered and directed to:

(a) Adopt, distribute and process parking violation notices, compliance violation notices or automated traffic law violation notices and other notices related to parking violations, compliance violations or automated traffic law violations required by this section;

(b) Collect money paid as fines and penalties for violation of parking and compliance ordinances or automated traffic law violations;

(d) Operate an administrative adjudication system for parking violations, compliance violations or automated traffic law violations.

(5) Technician. The technician may be employed by the city or, if not employed by the city, contracted by the city. If the technician is employed by the city, the technician shall be appointed by the Chief of Police. If the technician is not employed by the city, the technician shall be contracted by the city. The technician is hereby authorized, empowered and directed to make determinations that, based on the inspection of recorded images, a motor vehicle was being operated in violation of § 11-208.6 of the Illinois Vehicle Code or the provisions of this code.

(6) Review technician. The review technician shall be a law enforcement officer or retired law enforcement officer of the city appointed by the Mayor, with and by the consent of the City Council. The review technician is hereby authorized, empowered and directed to review the determinations of the technician that a motor vehicle was being operated in violation of § 11-208.6 of the Illinois Vehicle Code or the provisions of this code and if, after review of the technician's determination, approves the determination that an automated traffic law violation occurred, the review technician shall authorize the issuance of the automated traffic law violation notice.

(7) Hearing room personnel. Hearing room personnel may be necessary to maintain hearing room decorum and shall, if necessary, be appointed by the Chief of Police. Hearing room personnel may include any police officer or auxiliary police officer, and such persons are hereby authorized and directed to:

(a) Maintain hearing room decorum;

(b) Execute such authority as is granted to courtroom deputies of the Circuit Court; and

(c) Perform such other duties or acts as may reasonably be required and as directed by the Administrative Hearing Officer, the Code Enforcement Administrator or the Chief of Police.

(F) Complaints: notices of hearings and instituting hearings.

(1) A proceeding before the Administrative Hearing Officer shall be instituted upon the filing of a written sworn or verified notice of violation or complaint by any authorized official of the city, including police officers, administrative personnel, code enforcement officers, and such other persons as may be authorized to issue notices of violation of provisions of the city's codes.

(2) The person named in the complaint, other than for parking violations, compliance violations and automated traffic law violations, shall be served with a copy of a written verified or sworn notice of violation or complaint in a form as provided in division (E)(3) of this section, with service to be made as follows:

(a) By personal service upon a party or its, his or her duly authorized agent(s);

(b) By certified mail return receipt requested, postage prepaid first class mail, postage prepaid express mail, or overnight mail at the mailing address of the party named in the complaint or its, his or her duly authorized agent; or

(c) By posting a copy of the sworn or verified pleading or complaint upon the property where the violation is found, when the party named in the complaint is the responsible owner or manager of the property;

(3) Notices of violation or complaint for the administrative adjudication hearing, except for parking violation notices, compliance violation notices and automated traffic law violation notices, shall include:

(a) The type and nature of the alleged violation to be adjudicated;

(b) The date, time and location of the adjudicatory hearing to be provided;

(d) A statement that satisfaction of the penalty, if any, imposed at the administrative hearing shall act as a final disposition of the violation.

(G) Parking violation notices and compliance violation notices. Any officer or employee of the city designated by the Chief of Police or otherwise authorized by this code to issue parking violation notices or compliance violation notices who detects a violation of any section of the Illinois Vehicle Code or this code restricting or prohibiting standing, parking or governing the condition or use of equipment on a motor vehicle, shall issue and serve a parking violation notice or compliance violation notice by either affixing it to an unlawfully parked motor vehicle or handing it to the operator of such motor vehicle if he or she is present. Any person authorized to issue and serve parking violation notices or compliance violation notices shall certify as to the correctness of the facts entered on the parking violation notice or compliance violation notice by signing his or her name 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 his or her control. The original or a facsimile of the parking violation notice or compliance 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. A parking violation notice or compliance violation notice issued, signed and served in accordance with this section, 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. The parking violation notice or compliance violation notice shall specify:

(1) The date, time and location of the parking violation or compliance violation;

(2) The particular regulation violated;

(3) The fine and penalty that may be assessed for any late payment;

(4) The motor vehicle make and state registration number;

(5) The identification number of the person issuing the notice;

(6) That the payment of the indicated fine and of any applicable penalty for late payment shall operate as a final disposition of the violation;

(7) Information as to the availability of a hearing in which the violation may be contested on its merits; and

(8) The time and manner in which a hearing may be had.

(H) Second notice of parking violations or compliance violations.

(1) A second notice of a parking violation or compliance violation shall be sent, in a sealed envelope, by first class United States mail, postage prepaid, to the address of the registered owner of the motor vehicle as recorded with the Secretary of State. If any second notice of a parking violation or compliance violation to that address is returned as undeliverable, a notice shall be sent, by first class United States mail, postage prepaid, to:

(a) The last known address of the registered owner of the motor vehicle recorded in a United States Post Office approved database; or

(b) Under § 11-1306 of the Illinois Vehicle Code, to the lessee of the cited motor vehicle at the last known address of the lessor of the cited motor vehicle at the time of the lease; or if any notice to that address is returned as undeliverable, to the last known address of the lessor of the motor vehicle recorded in a United States Post Office approved database.

(2) Service of a notice under this section shall be deemed complete as of the date of deposit in the United States mail. The notice, shall include, but not be limited to, the following:

(a) The name and address of the registered owner or lessee of the motor vehicle, as indicated by the records of the Secretary of State, or, if any notice to that address is returned as undeliverable, then the last known address of the registered owner or lessor of the motor vehicle as recorded in a United States Post Office approved database;

(b) The date, time and location of the violation cited in the parking violation or compliance violation notice;

(c) The particular regulation violated, with specific reference to the section of the Illinois Vehicle Code or this code allegedly violated;

(d) The motor vehicle make and registration number of the motor vehicle involved in the violation;

(e) The amount of the fine imposed and the date by which the fine may be paid without penalty, and any penalty that may be assessed for late payment;

(f) The availability of a hearing in which the violation may be contested on its merits;

(g) The time and manner in which a hearing may be had;

(h) A statement that the failure to either pay the indicated fine and any applicable penalty, or to appear at a 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 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 unpaid fine or penalty will constitute a debt due and owing the city.

(I) Automated traffic law violation notices. When the review technician determines that an automated traffic law violation has occurred, an automated traffic law violation notice shall be issued by the Traffic Compliance Administrator to the registered owner of the motor vehicle depicted in the recorded images as having committed an automated traffic law violation as the alleged violator. The automated traffic law violation notice shall be delivered by mail to the address of the registered owner or lessee of the cited motor vehicle as recorded with the Secretary of State within 30 days after the Secretary of State or the lessor of the motor vehicle notifies the city of the identity of the owner or lessee of the motor vehicle, but in no event later than 90 days after the violation, except in the case of a lessee of a motor vehicle, service of an automated traffic law violation notice may occur no later than 210 days after the violation. Service of an automated traffic law violation notice shall be deemed complete as of the date of deposit in the United States mail. The original or a facsimile of an automated traffic law violation notice or, in the case of an automated traffic law violation notice produced by a computerized device, a printed record generated by the device showing the facts entered on the automated traffic law violation notice, shall be retained by the Traffic Compliance Administrator, and shall be a record kept in the ordinary course of business. An automated traffic law violation notice issued, signed and served in accordance with this chapter and § 11-208.3 of the Illinois Vehicle Code, a copy of the automated traffic law violation 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 automated traffic law violation notice. The automated traffic law violation notice, copy or computer generated record shall be admissible in any subsequent administrative or legal proceedings. The automated traffic law violation notice, shall include, but not be limited to, the following:

(1) The name and address of the registered owner or lessee of the motor vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in a United States Post Office approved database;

(2) The registration number and motor vehicle make, if the motor vehicle make is available and readily discernible, of the motor vehicle involved in the violation;

(3) The violation charged, with specific reference to the section of the Illinois Vehicle Code or this code allegedly violated;

(4) The location where the violation occurred;

(5) The date and time of the violation;

(6) A copy of the recorded images;

(7) The amount of the civil penalty imposed and the date by which the civil penalty shall be paid if liability for the violation is not going to be contested;

(8) A statement that the recorded images are evidence of a violation of a red light signal violation or expired registration;

(9) A warning that failure to either pay the civil penalty or request a hearing to contest liability within 14 days of the mailing of the notice of violation is an admission of liability and may result in a suspension of the driving privileges of the registered owner or lessee of the motor vehicle in addition to other specified penalties for failing to appear at the hearing or pay the fine in advance of the hearing;

(10) A statement that the registered owner or lessee of the motor vehicle may elect to proceed by either:

(a) Paying the fine stated in the automated traffic law violation notice; or

(b) Challenging the charge in court, by mail or by an administrative hearing.

(11) The website address, accessible through the internet, at which the alleged violator may view the recorded images.

(J) Review of recorded images.

(1) Before an automated traffic law violation notice may be issued for any automated traffic law violation, a determination must be made by the technician, based on inspection of recorded images generated by the automated traffic law enforcement device, that the motor vehicle was being operated in manner that resulted in an automated traffic law violation. If the technician determines that an automated traffic law violation occurred, the technician shall forward the recorded images to the review technician. If the technician determines that the motor vehicle entered the intersection as part of a funeral procession or in order to yield the right-of-way to an emergency vehicle or that an automated traffic law violation did not occur, an automated traffic law violation notice shall not be issued.

(2) Before an automated traffic law violation notice may be issued for any automated traffic law violation, the determination of the technician that based on inspection of recorded images generated by the automated traffic law enforcement device, the motor vehicle was being operated in manner that resulted in an automated traffic law violation must be reviewed and approved by the review technician. If the review technician, after review of the technician's determination, approves the determination that an automated traffic law violation occurred, the review technician shall authorize the issuance of the automated traffic law violation notice. If the review technician, after review of the technician's determination, determines that an automated traffic law violation did not occur, an automated traffic law violation notice shall not be issued.

(3) The city shall make the recorded images accessible to be viewed by the alleged violator at a website address, accessible through the internet.

(4) Recorded images made by the city's automated traffic law enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating an automated traffic law violation, for statistical purposes, or for other governmental purposes, Any recorded image evidencing an automated traffic law violation, however, may be admissible in any proceeding resulting from the issuance of the automated traffic law violation notice.

(K) Right to a hearing. The registered owner or lessee of the motor vehicle cited in a parking violation notice, compliance violation notice or automated traffic law violation notice shall have the opportunity for a hearing in which the registered owner or lessee may contest the merits of the alleged violation.

(L) Action by recipient of a violation notice. A person receiving a parking violation notice, compliance violation notice or automated traffic law violation notice shall respond to the violation notice in one of the following manners:

(1) By payment of the fine indicated on the violation notice by the deadline stated on the violation notice which shall operate as the final disposition of the violation; or

(2) By requesting a hearing on the merits of the violation notice in the time and manner specified on the violation notice and attendance at the hearing at the time, date the hearing.

(M) Notice of hearing.

(1) A notice of hearing of a parking violation, compliance violation or automatic traffic law violation shall be sent following receipt by the Traffic Compliance Administrator of a timely request for hearing on a parking violation, compliance violation or automated traffic law violation made in compliance with the requirements of this section. The notice of hearing shall include, but not be limited to, the following:

(b) The date, time and location of the violation cited in the parking violation notice, compliance violation notice or automated traffic law violation notice;

(c) The particular regulation violated, with specific reference to the section of the Illinois Vehicle Code or this code allegedly violated;

(d) The motor vehicle make and registration number of the motor vehicle involved in the violation;

(e) The time and date of and the location at which a hearing contesting the merits of the violation shall be held; and

(f) A warning that a failure to appear at the hearing may result in a Hearing Officer's determination of violation liability and the amount of the fine imposed upon a determination of liability, the date by which the fine may be paid without penalty, and any penalty that may be assessed for late payment.

(2) A notice of hearing of parking violation, compliance violation or automated traffic law violation shall be sent, by first class United States mail, postage prepaid, to the address of the registered owner of the motor vehicle as recorded with the Secretary of State or to such other address as may be specified in the request for a hearing. Service of a notice of hearing under this section shall be deemed complete as of the date of deposit in the United States mail.

(N) Administrative hearing procedures.

(1) Hearings shall be scheduled with reasonable promptness, provided that for a hearing scheduled in a non-emergency situation, if requested by the person named in the complaint or his or her duly authorized representative, at least 15 days shall be allowed after service of process to prepare for the hearing. If service of the notice of violation or complaint is provided by mail, the 15-day period shall begin to run on the day that the notice is deposited in the United States mail. A NON-EMERGENCY SITUATION shall be defined as any situation that does not reasonably constitute a threat to the public interest, safety, health or welfare.

(2) All hearings shall be open to the public and conducted before the city's Administrative Hearing Officer.

(3) All hearings of parking violations, compliance violations or automated traffic law violations shall be recorded.

(4) The city may be represented by an attorney designated by the city who is not the Administrative Hearing Officer.

(5) Documentary evidence including the notice of violation, complaint and attached exhibits may be presented to the Administrative Hearing Officer.

(6) Any attorney appearing on behalf of a violator shall file a written appearance with the Administrative Hearing Officer, on a form provided by the Code Hearing Unit.

(7) All testimony shall be given under oath or affirmation.

(8) The formal and technical rules of evidence shall not apply in administrative hearings authorized pursuant to this section; provided, however, that evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

(9) Parties shall be provided with an opportunity for a hearing during which they may be represented by counsel at their expense, present witnesses, and cross-examine opposing witnesses. Parties may request that the Administrative Hearing Officer issue subpoenas to direct the attendance and testimony of a relevant witness and/or for the production of relevant documents. Issuance of the subpoena shall be at the discretion of the Administrative Hearing Officer when it is determined that the witness or documents requested are material and do not constitute a needless presentation of cumulative, irrelevant or repetitive evidence.

(10) Continuances may be granted at the discretion of the Administrative Hearing Officer upon a finding of good cause. Lack of preparedness shall not be deemed good cause.

(11) Violations shall be established by proof by a preponderance of the evidence; however, the notice of violation, or a copy thereof, issued and signed or verified in accordance with division (E)(2) of this section shall be prima facie evidence of the correctness of the facts specified therein, provided that the notice of violation correctly sets forth the necessary elements of the offense alleged.

(12) The Administrative Hearing Officer may consider in defense of a parking violation or compliance violation any evidence that the violation set forth in the parking violation or compliance violation did not occur.

(13) The Administrative Hearing Officer may consider in defense of an automated traffic law violation the following:

(a) That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation;

(b) That the driver of the motor vehicle passed through the intersection when the light was red either:

1. In order to yield the right-of-way to an emergency vehicle;

2. As part of a funeral procession; or

3. At the direction of a law enforcement officer; and

(d) Any other evidence that the violation set forth in the automated traffic law violation notice did not occur.

(14) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.

(15) Upon the conclusion of a hearing, the Administrative Hearing Officer shall issue a final determination of "liable" or "not liable." Upon issuance of a determination of "liable," the Administrative Hearing Officer may impose penalties and/or fines that are consistent with applicable provisions of the city's code for such a violation, and, if applicable, impose a term of community service, assess costs as herein provided order the violator to immediately collect the violation or otherwise comply with the code provisions violated. Except as may otherwise be provided, the maximum monetary fine established in the city's code shall be exclusive of costs of enforcement or costs incurred by the city to secure compliance with the city's code. The maximum fine limitation shall not be applicable to enforcement for the collection of any tax imposed and collected by the city.

(O) Determination of liability.

(1) A final determination of a violation liability for a parking violation, compliance violation or automated traffic law violation shall occur following:

(a) The failure to request a hearing on the merits of the violation in the time and manner specified on the violation notice and pay the fine indicated on the violation notice by the deadline stated on the violation notice; or

(b) The failure by a person requesting a hearing to attend the hearing to contest the alleged violation in the time and manner specified in a prior mailed notice and the Hearing Officer's determination of violation liability, followed by:

1. The denial of a timely petition to set aside that determination; or

2. Upon expiration of the period for filing such a petition without a filing having been made; or

(c) The failure to pay the fine or penalty after an Administrative Hearing Officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative or judicial review procedures provided by this section.

(2) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated traffic law violation involving such motor vehicle during the period of the lease; provided that upon the request of the city received within 120 days after the automated traffic law violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee. The driver's license number of a lessee may be subsequently individually requested by the city, if needed, for enforcement of the automated traffic law violation. Upon the provision of information by the lessor pursuant to this division, the city may issue the automated traffic law violation notice to the lessee of the motor vehicle in the same manner as it would issue an automated traffic law violation notice to a registered owner of a motor vehicle pursuant to this section; and the lessee may be held liable for the automated traffic law violation.

(P) Notice of final determination.

(1) A notice of final determination of a parking violation, compliance violation or automated traffic law violation shall be sent following a final determination of parking violation, compliance violation or automated traffic law violation. The notice of final determination shall include, but not be limited to, the following:

(b) The date, time and location of the violation cited in the parking violation notice, compliance violation notice or automated traffic law violation notice;

(c) The particular regulation violated, with specific reference to the section of the Illinois Vehicle Code or this code allegedly violated;

(d) The motor vehicle make and registration number of the motor vehicle involved in the violation;

(e) The amount of the fine imposed and the date by which the fine may be paid without penalty, and any penalty that may be assessed for late payment;

(f) A statement that the unpaid fine or penalty is a debt due and owing the city; and

(g) Warnings that failure to pay any fine or penalty due and owing the city within the time specified may result in the city's filing of a petition in the Circuit Court to have the unpaid fine or penalty rendered a judgment as provided by this section, or may result in suspension of the person's driver's license for failure to pay fines or penalties for ten or more parking violations under § 6-306.5 of the Illinois Vehicle Code, ten or more compliance violations under § 11-208.6 of the Illinois Vehicle Code or five or more automated traffic law violations under § 11-208.6 of the Illinois Vehicle Code.

(2) A notice of final determination of a parking violation, compliance violation, or automated traffic law violation shall be sent, by first class United States mail, postage prepaid, to the address of the registered owner of the motor vehicle as recorded with the Secretary of State. If any notice of final determination of a parking violation, compliance violation, or automated traffic law violation to that address is returned as undeliverable, a notice shall be sent, by first class United States mail, postage prepaid, to:

(a) The last known address of the registered owner of the motor vehicle recorded in a United States Post Office approved database; or

(3) Service of a notice of final determination under this section shall be deemed complete as of the date of deposit in the United States mail.

(Q) Petition to set aside final determination.

(1) A person owing an unpaid fine or penalty may file a petition to set aside a determination of a parking violation, compliance violation, or automated traffic law violation with the Traffic Compliance Administrator within 14 days following:

(a) The deadline indicated on the violation notice by which the registered owner or lessee was required to request a hearing, if the registered owner or lessee failed to request a hearing; or

(b) The Administrative Hearing Officer's determination of violation liability, if the registered owner or lessee requested a hearing.

(2) A petition to set aside a determination of a parking violation, compliance violation or automated traffic law violation shall be filed with the Traffic Compliance Administrator by certified mail, return receipt requested, or by personal delivery.

(3) A petition to set aside a determination shall include:

(a) The name of the person seeking to set aside the determination and the address to which the Traffic Compliance Administrator's decision and any future notices are to be sent;

(b) The motor vehicle make and registration number of the motor vehicle involved in the violation;

(d) The location where the violation occurred;

(e) The date and time of the violation;

(f) The specific grounds upon which the determination is to be set aside; and

(g) Any supporting documentation relied upon by the petitioner.

(4) The grounds of the petition to set aside a determination shall be limited to the following;

(a) The person owing the unpaid fine or penalty was not the registered owner or lessee of the cited motor vehicle on the date of the violation;

(b) The fine and/or penalty for the violation in question was paid; or

(5) The Traffic Compliance Administrator shall render a written decision within 14 days of the receipt of the petition to set aside a determination. Upon rendering a decision upon a petition to set aside a determination, the Traffic Compliance Administrator shall send a copy of the written decision to the petitioner by first class United States mail, postage prepaid. If the petition to set aside a determination shows just cause, the Traffic Compliance Administrator shall set aside the parking violation, compliance violation, or automated traffic law violation liability determination and also send a copy of the Traffic Compliance Administrator's written decision to the Administrative Hearing Officer. After a determination of a parking violation, compliance violation, or automated traffic law violation liability has been set aside upon a showing of just cause, other than the ground that the fine and/or penalty for the violation in question was paid, the registered owner or lessee, as the proper case may be, shall be provided with a hearing on the merits for that violation. The Traffic Compliance Administrator's written decision shall specify the time and date of and the location at which a hearing contesting the merits of the violation shall be held.

(R) Notice of suspension.

(1) A notice of suspension shall be sent to the person liable for any fine that remains due and owing on ten or more parking violations under § 6-306.5 of the Illinois Vehicle Code, ten or more compliance violations under § 11-208.5 of the Illinois Vehicle Code or five or more automated traffic law violations under § 11-208.6 of the Illinois Vehicle Code. The notice of suspension shall state that:

(a) Failure to pay the fines and/or penalties owing within 45 days of the notice's date shall result in the city notifying the Secretary of State that the person is eligible for the initiation of driver's license suspension proceedings under § 6-306.5 of the Illinois Vehicle Code; and

(b) The person may obtain a photostatic copy of an original violation notice imposing a fine or penalty by sending a self-addressed, stamped envelope to the city along with a request for the photostatic copy.

(2) The notice of suspension shall be sent to the registered owner of the motor vehicle, by first class United States mail, postage prepaid, at the address recorded with the Secretary of State, or if any notice to that address is returned as undeliverable, a notice of suspension shall be sent, by first class United States mail, postage prepaid, to the last known address of the registered owner of the motor vehicle recorded in a United States Post Office approved database. Service of a notice of suspension under this section shall be deemed complete as of the date of deposit in the United States mail.

(S) Certified report.

(1) Upon the failure of a person to pay fines and penalties deemed due and owing after the exhaustion of administrative procedures set forth herein for ten or more parking violations under § 6-306.6 of the Illinois Vehicle Code, ten or more compliance violations under § 11-208.6 of the Illinois Vehicle Code or five or more automated traffic law violations under § 11-208.6 of the Illinois Vehicle Code, the Traffic Compliance Administrator shall make a certified report to the Secretary of State stating that the registered owner of a vehicle has failed to pay any fine or penalty due and owing as a result of ten or more parking violations under § 6-306.5 of the Illinois Vehicle Code, ten or more compliance violations under § 11-208.6 of the Illinois Vehicle Code or five or more automated traffic law violations under § 11-208.6 of the Illinois Vehicle Code and thereby cause the suspension of that person's driver's license. A copy of the certified report shall be sent to the registered owner.

(2) If the owner of a registered vehicle has failed to pay any fine or penalty due and owing as a result of ten or more parking violations under § 6-306.5 of the Illinois Vehicle Code, ten or more compliance violations under §11-208.5 of the Illinois Vehicle Code or five or more automated traffic law violations under § 11-208.6 of the Illinois Vehicle Code, the Traffic Compliance Administrator shall submit a certified report to the Secretary of State stating that such person has failed to satisfy any fines or penalties imposed by final judgments for ten or more parking violations under § 6-306.5 of the Illinois Vehicle Code, ten or more compliance violations under § 11-208.6 of the Illinois Vehicle Code or five or more automated traffic law violations under § 11-208.6 of the Illinois Vehicle Code after exhaustion of judicial review procedures.

(3) The certified report of the Traffic Compliance Administrator notifying the Secretary of State of unpaid fines or penalties pursuant to this section shall be certified by the Traffic Compliance Administrator and shall contain the following:

(a) The name, last known address as recorded with the Secretary of State, as provided by the lessor of the cited motor vehicle at the time of lease, or as recorded in a United States Post Office approved database if any notice sent under § 11-208.3 of the Illinois Vehicle Code is returned as undeliverable, and driver's license number of the person who failed to pay the fine or penalty and the registration number of any motor vehicle known to be registered to such person in Illinois;

(b) The name of the city; and

(c) A statement that the city sent a notice of suspension to the person named in the report at the address recorded with the Secretary of State or at the last address known to the lessor of the cited motor vehicle at the time of lease or, if any notice sent under § 11-208.3 of the Illinois Vehicle Code is returned as undeliverable, at the last known address recorded in a United States Post Office approved database; the date on which such notice was sent; and the address to which such notice was sent.

(4) The Traffic Compliance Administrator shall notify the Secretary of State, in a form prescribed by the Secretary of State, whenever a person named in the certified report has paid the previously reported fine or penalty or whenever the Traffic Compliance Administrator 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.

(T) Contesting certified report.

(1) A person liable for any fine that remains due and owing on ten or more parking violations under § 6-306.5 of the Illinois Vehicle Code, ten or more compliance violations under § 11-208.6 of the Illinois Vehicle Code or five or more automated traffic law violations under § 11-208.6 of the Illinois Vehicle Code may challenge the accuracy of a certified report by submitting to the Traffic Compliance Administrator a written statement under oath, together with any supporting documentation, establishing one of the following grounds for challenging the accuracy of the certified report:

(a) That the person was not the owner or lessee of the motor vehicle or vehicles receiving ten or more parking violations under § 6-306.5 of the Illinois Vehicle Code, ten or more compliance violations under § 11-208.6 of the Illinois Vehicle Code or five or more automated traffic law violations under § 11-208.6 of the Illinois Vehicle Code on the date or dates such notices were issued; or

(b) That the person already paid the fines or penalties for the ten or more parking violations under § 6-306.5 of the Illinois Vehicle Code, ten or more compliance violations under § 11-208.6 of the Illinois Vehicle Code or five or more automated traffic law violations under §11-208.6 of the Illinois Vehicle Code indicated on the certified report.

(2) The written statement and the supporting documentation must be sent to the Traffic Compliance Administrator by certified mail, return receipt requested, or by personal delivery to the Traffic Compliance Administrator within ten days after the person receives notice from the Secretary of State that the person's driver's license will be suspended at the end of a specified period of time. The Traffic Compliance Administrator shall render a written determination within 14 days of receipt of the written statement and the supporting documentation challenging the certified report. Upon rendering a decision, the Traffic Compliance Administrator shall send a copy of the written decision to the person challenging the certified report by first class United States mail, postage prepaid. If the grounds for challenging the accuracy of the certified report have been established, the Traffic Compliance Administrator shall notify the Secretary of State unless the Secretary of State is presented with a notice from the city certifying that the fines or penalties due and owing have been paid or that the inclusion of the person's name on the certified report was in error.

(U) Procedure for non-residents; contests by mail. Non-residents of the city and persons that desire to challenge the determination of liability without attending a hearing may contest the merits of a violation without attending a hearing by submitting to the Traffic Compliance Administrator a written statement under oath, together with any supporting documentation, setting forth the reasons why a determination of liability should not be entered. The written statement and the supporting documentation must be sent to the Traffic Compliance Administrator by certified mail, return receipt requested, or by personal delivery to the Traffic Compliance Administrator within ten days after the person receives the violation notice. The Traffic Compliance Administrator shall forward to the Administrative Hearing Officer the violation notice, the written statement under oath of the person challenging the determination of liability, together with any supporting documentation, setting forth the reasons why a determination of liability should not be entered and any evidence which the city may possess setting forth the basis why a determination of liability should be entered. For parking violations and compliance violations only, the Administrative Hearing Officer shall render a written determination within 14 days of receipt of the written statement and the supporting documentation setting forth the reasons why a determination of liability should not be entered. For automated traffic law violations, the Administrative Hearing Officer shall render a written determination within 30 days of receipt of the written statement and supporting documentation setting forth the reasons why a determination of liability should not be entered. Upon rendering a decision, the Traffic Compliance Administrator shall send a copy of the written decision to the person challenging the determination of liability by first class United States mail, postage prepaid. In all other respects, the procedures set forth in this section shall apply to non-residents and other persons challenging the determination of liability.

(V) Fine and penalty schedule.

(1) The fine for unlawful parking in a handicapped zone shall be $250. If the fine is not paid within 25 days following the issuance of a notice of final determination of liability for unlawful parking in a handicapped zone, an additional penalty of $100 for failure to pay the original penalty in a timely manner shall be assessed.

(2) The fine for unauthorized use of disability or disabled veteran license plates, parking decal or device for parking a motor vehicle shall be $500 for the first offense, $750 for the second offense and $1,000 for a third or subsequent offense.

(3) Unless the driver of the motor vehicle cited for an automated traffic law violation received a uniform traffic citation from a police officer at the time of the violation, the owner of the motor vehicle is subject to a civil penalty of $100 per violation. If the civil penalty is not paid within 25 days following the issuance of a notice of final determination of an automated traffic law violation, an additional penalty of $100 for failure to pay the original penalty in a timely manner shall be assessed. Unless the driver of the motor vehicle cited for an automated traffic law violation received a uniform traffic citation from a police officer at the time of the violation, a violation for which a civil penalty is imposed for an automated traffic law violation is not a violation of a traffic regulation governing the movement of motor vehicles and may not be recorded on the driving record of the owner of the motor vehicle.

(4) The fine for failure to wear a seat safety belt shall be $25. If the fine is not paid within seven days following the issuance of a notice of final determination of liability for a parking violation, an additional penalty of $10 for failure to pay the original penalty in a timely manner shall be assessed.

(5) The fine for all other parking violations shall be $15. If the fine is not paid within seven days following the issuance of a notice of final determination of liability for a parking violation, an additional penalty of $10 for failure to pay the original penalty in a timely manner shall be assessed.

(6) The fine for all compliance violations shall be $120. If the fine is not paid within seven days following the issuance of a notice of final determination of liability for a parking violation, an additional penalty of $10 for failure to pay the original penalty in a timely manner shall be assessed. Unless released on a written promise to comply, a person charged with a compliance violation and personally served with a compliance violation notice shall post bail in the amount of $120 in one of the following ways:

(a) By depositing, in lieu of such amount, a current Illinois driver's license; or

(b) By depositing, in lieu of such amount, an approved bond certificate; or

(c) By posting in United States currency or traveler's checks issued by major banks or express companies which, alone or in combination with currency, total $120.

(W) Immobilization/towing and impoundment. Any motor vehicle may be immobilized or towed and impounded if:

(1) The Traffic Compliance Administrator has determined that a person has been found to be liable for five or more vehicular parking violations, compliance violations or automated traffic law violations, or any combination thereof totaling five violations, the fines or penalties for which remain unpaid;

(2) The person determined to be liable for the five or more violations is the registered owner of a motor vehicle that is located within the corporate limits of the city at the time of immobilization, towing or impoundment; and

(3) A notice of impending vehicle immobilization has been sent to the registered owner of the motor vehicle, by first class United States mail, postage prepaid, at the address recorded with the Secretary of State, or if any notice of impending vehicle immobilization to that address is returned as undeliverable, a notice of impending vehicle immobilization has been sent by first class United States mail, postage prepaid, to the last known address of the registered owner of the motor vehicle recorded in a United States Post Office approved database. Service of a notice of impending vehicle immobilization under this section shall be deemed complete as of the date of deposit in the United States mail. The notice of impending vehicle immobilization shall contain the following:

(a) The name and address of the registered owner of the motor vehicle;

(b) That final determinations of liability have been made on five or more vehicular parking violations, compliance violations or automated traffic law violations or any combination thereof totaling five violations, the fines and penalties for which remain unpaid;

(c) A list of the violations for which the person has been determined to be liable, which shall include for each violation:

1. The vehicular parking violation, compliance violation or automated traffic law violation notice number;

2. The date of issuance; and

3. The total amount of fine and penalty assessed;

(d) That the motor vehicle owned by the person and located within the city is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within 14 days of the date of the notice; and

(e) That the registered owner may contest the validity of the notice by fully completing and signing the "Request for Hearing" portion of the notice and by filing the request for hearing with the Traffic Compliance Administrator within, but not later than, 14 days of the date of the notice.

(4) The motor vehicle of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice, and no timely request for hearing has been filed with the Traffic Compliance Administrator to contest the validity of the notice.

(X) Impoundment or pre-towing hearing.

(1) A request for hearing to contest the validity of the determination of the Traffic Compliance Administrator set forth in the notice of impending vehicle immobilization or towing and impoundment shall be deemed filed upon receipt by the Traffic Compliance Administrator. Upon the receipt of the request for hearing to contest the validity of the notice of impending vehicle immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing whereby the registered owner of the vehicle may contest the validity of the determination of the Traffic Compliance Administrator. The hearing shall be scheduled on the next available hearing date, if practicable, but in no event shall the hearing be scheduled later than 60 days after the request for hearing is filed. The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner by first class mail, postage prepaid to the address on the request for hearing. Service of the notice shall be deemed complete as of the date of deposit in the United States mail.

(2) At the hearing, the registered owner of the motor vehicle may submit evidence concerning the liability of the registered owner of the motor vehicle for the unpaid final determinations listed on the notice of impending vehicle immobilization. Evidence admissible at the hearing shall be limited to the following:

(a) That the person was not the registered owner or lessee of the motor vehicle on the date or dates the notices of parking violations, compliance violations or automated traffic law violations were issued; or

(b) That the fines or penalties for the violations cited in the notice were paid; or

(c) The registered owner of the motor vehicle has not accumulated five or more parking violations, compliance violations or automated traffic law violations or any combination thereof totaling five violations which are unpaid.

(3) In the event the registered owner of the motor vehicle fails to challenge the validity of the determination of the Traffic Compliance Administrator set forth in the notice of impending vehicle immobilization in a timely manner, fails to appear at the hearing after having requested a hearing or fails to successfully contest the liability of the registered owner of the motor vehicle for the unpaid final determinations listed on the notice of impending vehicle immobilization and thereafter fails to satisfy those fines and penalties determined to be due and owing, then the motor vehicle shall be eligible to be immobilized.

(Y) Post-immobilization/towing notice.

(1) Upon immobilization of an eligible motor vehicle, a notice shall be affixed to the motor vehicle in a conspicuous place. The notice shall contain the following:

(a) A warning that the motor vehicle is immobilized and that any attempt to move the motor vehicle may result in damage to the motor vehicle;

(b) That the unauthorized removal of or damage to the immobilizing restraint is a violation of §§ 16-1 and 21-1 of the Illinois Criminal Code and of this code; and

(c) Information specifying how release of immobilizing restraint may be had and how the registered owner may obtain an immobilization hearing.

(2) In addition, the Traffic Compliance Administrator shall serve a post-immobilization/ towing notice upon the registered owner of a motor vehicle immobilized or towed and impounded sent by first class United States mail, postage prepaid, at the address recorded with the Secretary of State, or if any post-immobilization/towing notice to that address is returned as undeliverable, a post-immobilization/towing notice may be sent, by first class United States mail, postage prepaid, to the last known address of the registered owner of the motor vehicle recorded in a United States Post Office approved database. Service of a post-immobilization/towing notice under this section shall be deemed complete as of the date of deposit in the United States mail. The notice shall contain the following information:

(a) The date of immobilization or towing and date of impoundment;

(b) The location of the motor vehicle;

(c) That the motor vehicle was immobilized under § 10.20(V) of this code for non-payment of fines or penalties assessed for five or more vehicular parking violations, compliance violations or automated traffic law violations or any combination thereof totaling five violations for which there has been a final determination of liability and for which the registered owner was previously notified of impending immobilization or towing and impoundment; and

(d) That the registered owner has the right to a prompt administrative hearing to contest the validity of the immobilization or towing and impoundment, without the requirement first paying payment of the outstanding fines and penalties for which final determination has been made, by completing and signing the "request for hearing" portion of the notice and filing the request for hearing with the Traffic Compliance Administrator within 14 days of the date of the notice.

(Z) Post immobilization or towing hearing.

(1) The registered owner of a motor vehicle immobilized or towed and impounded pursuant to this title, shall have the right to a prompt administrative hearing without the requirement of first paying payment of the outstanding fines and penalties for which final determination has been made.

(2) Upon the receipt of the request for hearing to contest the validity of the immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next available hearing date, if practicable, or sooner if scheduled by the Traffic Compliance Administrator for good cause shown, but in no case shall the hearing be scheduled later than 60 days after the request for hearing is filed. The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner. Notice shall be sent by first class mail, postage prepaid to the address as is set forth on the request for hearing and service of the notice shall be deemed complete as of the date of deposit in the United States mail.

(3) The Traffic Compliance Administrator shall preside over, conduct and render a decision at the hearing. At the hearing, the registered owner of the motor vehicle may submit evidence concerning the liability of the registered owner of the motor vehicle for the unpaid final determinations listed on the notice of impending vehicle immobilization. Evidence admissible at the hearing shall be limited to the following:

(a) That the person was not the registered owner or lessee of the motor vehicle on the date or dates the notices of parking, standing, compliance violations or automated traffic law violations were issued; or

(b) That the fines or penalties for the violations cited in the notice were paid; or

(4) The failure to request a hearing or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any amounts deposited pursuant to § 10.20(AA) shall be forfeited. A hearing provided pursuant to this section shall not determine the validity of or otherwise adjudicate any parking violations, compliance violations or automated traffic law violations issued relative to the immobilized motor vehicle.

(AA) Immobilization fee; towing and storage charges. The fee for the immobilization of a motor vehicle shall be $100. In addition thereto, the registered owner of the motor vehicle shall be responsible for all costs associated with towing subsequent to immobilization as well as any and all storage fees incurred. Notwithstanding anything to the contrary no fee shall be assessed for immobilization, towing, or storage when such action has been determined to be erroneous.

(BB) Release of impounded vehicle. A motor vehicle impounded pursuant to this section shall be released to its registered owner or agent, upon payment of the fines and penalties due and owing the city as specified in the notice plus the payment of the immobilization fee, the towing charges and accrued daily impound charges. Notwithstanding the foregoing, a motor vehicle may be released upon written order of the Administrative Hearing Officer following a hearing contesting the validity of the impoundment.

(CC) Tampering with immobilizing restraint; relocation of immobilized motor vehicle.

(1) It shall be unlawful for any person, without proper authorization from the Traffic Compliance Administrator, to:

(a) Remove, damage or attempt to remove or damage any immobilizing device placed upon a motor vehicle by the city; or

(b) Relocate or to tow any motor vehicle restrained by an immobilizing device.

(2) Any person who, without proper authorization from the Traffic Compliance Administrator,

(a) Removes, damages or attempts to remove or damage any immobilizing device placed upon a motor vehicle by the city; or

(b) Relocates or tows any motor vehicle restrained by an immobilizing device shall be fined in an amount not to exceed $750.

(DD) Impoundment facility. The city may retain the services of an individual agency or company to tow and impound motor vehicles and such agency or company shall be:

(1) Fully licensed according to local and state law;

(2) Fully insured; and

(3) Have available a secured impound area within which to retain motor vehicles impounded hereunder. For the purpose of this section, a SECURED AREA shall mean an area bounded by a fence, chain-link or otherwise, of a sufficient height and with locking gates so as to minimize or prevent unauthorized entry into the impounded motor vehicles.

(EE) Judicial review.

(1) Any final decision by an Administrative Hearing Officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review unless a timely petition to set aside final determination of a parking violation, compliance violation, or automated traffic law violation has been filed with the Traffic Compliance Administrator, in which case the written decision of the Traffic Compliance Administrator upholding the final decision of the Administrative Hearing Officer shall constitute a final determination for purposes of judicial review. The Administrative Hearing Officer's or the Traffic Compliance Administrator's decision, as the proper case may be, shall be subject to review under the Illinois Administrative Review Law (ILCS Ch. 735, Act 5, §§ 3-103 et seq.).

(2) Any order entered after a hearing to contest the validity of the immobilization or towing and impoundment of a motor vehicle is a final administrative decision within the meaning of the Administrative Review Act (ILCS Ch. 735, Act 5, §§ 3-101 et seq.).

(FF) Enforcement of judgment.

(1) As to any fine, other monetary sanction, or cost imposed, or as to any part thereof, that remains unpaid after the violator has exhausted or has failed to timely exhaust judicial review procedures under the Illinois Administrative Review Law, shall be a debt due and owing the city and may be collected in accordance with applicable law.

(2) Unless stayed by a court of competent jurisdiction, after expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought, the findings, decision, and order of the Administrative Hearing Officer may be enforced in the same manner as any judgment entered by a court of competent jurisdiction.

(3) In any case in which a person named in a complaint adjudicated under this section has failed to comply with a judgment ordering such person to correct a violation of the city's code or imposing any fine or other sanction as a result of such a violation, any expenses incurred by the city to enforce the judgment entered against such person, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, shall be a debt due and owing the city after they are fixed by a court of competent jurisdiction or hearing officer, and may be collected in accordance with applicable law. Prior to any expenses being fixed by the Administrative Hearing Officer pursuant to this division, the city shall provide a notice to such person that requires his or her appearance at a hearing before the Administrative Hearing Officer to determine whether such person has failed to comply with the judgment. The notice shall set the date for such hearing, which shall not be less than seven days from the date that notice is served. Notice of the hearing shall be served as provided by division (E)(2) of this section.

(4) Upon being recorded in the manner required by Article XII of the Illinois Code of Civil Procedure (ILCS Ch. 735, Act 5, §§ 12-101 et seq.) or by the Uniform Commercial Code (ILCS Ch. 810, Act 5, §§ 1-101 et seq.) a lien shall be imposed on the violator's real estate or personal estate, or both, in the amount of any debt due and owing the city under this section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.

(5) Upon a petition filed by the person against whom a judgment was entered, within 30 days after the issuance of the order of default, the Administrative Hearing Officer may set aside any judgment entered by default and set a new hearing date, if the Administrative Hearing Officer determines that such person's failure to appear at the hearing was for good cause, or at any time if such person establishes, by a preponderance of the evidence, that the city did not provide proper service of process for the notice of violation or complaint. If any judgment is set aside pursuant to this division (FF)(5) as a result of a vacated default judgment, the Administrative Hearing Officer shall have authority to enter an order extinguishing any lien that has been recorded for any debt due and owing the city. When a judgment is vacated, the Administrative Hearing Officer shall set a new date for a hearing on the merits of the underlying violation(s).

(Ord. 09-53, passed 4-27-10; Am. Ord. 12-44, passed 9-11-12; Am. Ord. 13-4, passed 1-22-13; Am. Ord. 13-54, passed 11-12-13; Am. Ord. 16-46, passed 11-8-16; Am. Ord. 18-14, passed 2-27-18; Am. Ord. 22-24, passed 8-23-22; Am. Ord. 24-03, passed 1-9-24)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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