(A) Any person on whom a parking violation notice has been served pursuant to this subchapter shall within seven days from the date of the notice: pay the indicated fine; or request an administrative adjudication hearing as provided by this subchapter to contest the charged violation. A response by mail shall be deemed timely if postmarked within seven days of the issuance of the notice of violation.
(B) If the respondent requests an administrative hearing to contest the cited violation, the Adjudication Hearing Administrator shall notify the owner in writing of the location and time for a hearing in accordance with provisions of § 32.020 above.
(C) If no response is made in accordance with division (A) of this section, the Adjudication Hearing Administrator shall set a hearing and cause a notice of violation to be sent to the respondent in accordance with § 32.020 above. The notice shall specify that the respondent may avoid a hearing by paying the fine described in the notice prior to the date of the hearing and that payment of the fine shall constitute a final disposition of the citation.
(D) Where a respondent either fails to pay the indicated fine prior to the hearing or fails to appear at a hearing, a final determination of parking violation liability shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within 21 days of issuance of a Hearing Officer’s final determination of liability will result in the imposition of a late payment penalty pursuant to division (E) herein. Upon the occurrence of a final determination of parking violation liability and after expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought any unpaid fine or penalty will constitute a debt due and owing the city. The notice of violation issued under divisions (B) or (C) above shall provide the above information.
(E) Failure by any respondent to pay or mail payment of the fine for a parking violation within 21 days of the issuance of the final determination of liability will automatically subject the respondent to a penalty for late payment. The penalty for late payment shall be $10.
(F) A person charged with a parking violation may contest the charge through an administrative adjudication hearing limited to one or more of the following grounds with appropriate evidence to support:
(1) That the respondent was not the owner or lessee of the cited vehicle at the time of the violation;
(2) That the cited vehicle or its state registration plates were stolen at the time the violation occurred;
(3) That the relevant signs prohibiting or restricting parking were missing or obscured:
(4) That the relevant parking meter was inoperable or malfunctioned through no fault of the respondent;
(5) That the facts alleged in the parking violation notice are inconsistent or do not support a finding that the specified regulation was violated.
(Ord. 2007-03-0090O, passed 3-27-2007)