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§ 72.36 LOCATIONS.
   The village hereby establishes systems at the following intersections located within the corporate limits of the village.
   (A)   Northbound 167th and La Grange.
   (B)   Westbound 171st and 94th.
(Ord. 2010-009, passed 7-7-10)
§ 72.37 AUTHORITY TO ENTER INTO AGREEMENTS.
   The village is authorized to enter into agreements, substantially in the forms attached to the ordinance codified herein as Exhibit A and incorporated herein by reference (collectively the "Agreements"), with company for the design and implementation of the system(s) and for services related to the system(s). The Agreements shall be subject to final modification by the attorneys for the village and the company. The President is hereby authorized and directed to execute the agreements, once finalized, thereby binding the village to their terms. The Village Clerk is authorized and directed to attest to the President's signature, as necessary.
(Ord. 2010-009, passed 7-7-10)
§ 72.38 OFFICE OF ADMINISTRATOR ESTABLISHED.
   There is hereby established the Office of Administrator, which shall be filled by appointment by the Village President. The Administrator or his or her designee shall be authorized to adopt, distribute and process violation notices and other notices required by ILCS Ch. 625, Act 5, § 11-208.3, collect money paid as fines and penalties for automated traffic law violations and operate an administrative adjudication system for automated traffic law violations. The Administrator is also authorized to make a certified report to the Secretary, and any such certified report shall contain the information required under state law.
(Ord. 2010-009, passed 7-7-10)
§ 72.39 VIOLATION NOTICE.
   A violation notice, the contents of which shall comply with the requirements of ILCS Ch. 625, Act 5, §§ 11-208.3 and 11-208.6, as amended, shall be served by mail to the address of the registered owner of a vehicle cited for an automated traffic law violation as recorded with the Secretary within 30 days after the Secretary notifies the village of the identity of the owner of the vehicle, but in no event later than 90 days after the violation. Service of a violation notice shall be deemed complete as of the date of deposit in the United States mail. The original or a facsimile of a violation notice or, in the case of a violation notice produced by a computerized device, a printed record generated by the device showing the facts entered on the violation notice, shall be retained by the Administrator, and shall be a record kept in the ordinary course of business. A violation notice issued, signed and served in accordance wit this subchapter and ILCS Ch. 625, Act 5, § 11-208.3, a copy of the 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 violation notice. The violation notice, copy or computer generated record shall be admissible in any subsequent administrative or legal proceedings.
(Ord. 2010-009, passed 7-7-10)
§ 72.40 DETERMINATION OF VIOLATION BY TECHNICIAN.
   Before a citation may be issued for any automated traffic law violation, a determination must be made by a technician employed or contracted by the village that, based on inspection of recorded images generated by the system, the motor vehicle was being operated in violation of ILCS Ch. 625, Act 5, § 11-208.6 or an ordinance of the village. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right-of-way to an emergency vehicle, a citation shall not be issued.
(Ord. 2010-009, passed 7-7-10)
§ 72.41 HEARING.
   The registered owner of the vehicle cited in a violation notice shall have the opportunity for a hearing in which the owner may contest the merits of the alleged violation. The lessee of a vehicle cited in a violation notice likewise shall be afforded the opportunity for a hearing of the same kind afforded the registered owner. The formal or technical rules of evidence shall not apply at any such hearing. Such hearings shall be recorded, and the person conducting the hearing on behalf of the Administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at such a hearing may be represented by counsel at their own expense.
(Ord. 2010-009, passed 7-7-10)
§ 72.42 FINAL DETERMINATION OF LIABILITY.
   (A)   A final determination of automated traffic law violation liability shall occur following failure to pay the fine or penalty after a hearing officer's determination of violation liability.
   (B)   Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final:
      (1)   Upon 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.
(Ord. 2010-009, passed 7-7-10)
§ 72.43 DETERMINATION NOTICE.
   A determination notice, the contents of which shall comply with the requirements of ILCS Ch. 625, Act 5, § 11-208.3, as amended, shall be sent following a final determination of automated traffic law violation liability and the conclusion of judicial review procedures takenunder ILCS Ch. 625, Act 5, § 11-208.3. A determination notice shall be sent by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office-approved database or, under ILCS Ch. 625, Act 5, § 11-1306, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of the lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office database. Service of the determination notice shall be deemed complete as of the date of deposit in the United States mail.
(Ord. 2010-009, passed 7-7-10)
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