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§ 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)
§ 72.44 PETITION TO SET ASIDE A FINAL DETERMINATION.
   (A)   A person owing an unpaid fine or penalty for automated traffic law violation penalty may file a petition to set aside a final determination of such liability within ten days after service by the village of a determination notice. Such a petition shall be filed by sending the same, together with any documentation in support thereof, to the administrator by certified mail, return receipt requested, or by personal delivery to the Administrator.
   (B)   The grounds for such a petition shall be limited to:
      (1)   The person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued;
      (2)   The person having already paid the fine or penalty for the violation in question; and
      (3)   Excusable failure to appear at or request a new date for a hearing.
   (C)   A hearing on such a petition shall be held within 30 days after the filing of same. In the event that such a petition is granted upon a showing of just cause, and the subject determination of automated traffic law violation liability is thereby set aside, the registered owner shall be provided with a hearing on the merits for that violation.
(Ord. 2010-009, passed 7-7-10)
§ 72.45 SUSPENSION NOTICE.
   A suspension notice, the contents of which shall comply with the requirements of ILCS Ch. 625, Act 5, § 11-208.3, as amended, shall be sent to the person liable for any fine or penalty that remains due and owing on five or more unpaid automated traffic law violations. The suspension notice shall be sent by first class United States mail, postage prepaid, to the address 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. Service of a suspension notice shall be deemed complete as of the date of deposit in the United States mail.
(Ord. 2010-009, passed 7-7-10)
§ 72.46 CHALLENGING THE ACCURACY OF A CERTIFIED REPORT.
   (A)   If the Administrator provides a suspension notice to a vehicle owner and subsequently makes a certified report to the Secretary, the subject vehicle owner may challenge the accuracy of the certified report in writing. To do so, the vehicle owner must submit to the 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:
      (1)   That the person was not the owner or lessee of the subject vehicle or vehicles receiving five or more automated traffic law violations on the date or dates such violation notices were issued; or
      (2)   That the person already paid the fines or penalties for the five or more automated traffic law violations indicated on the certified report.
   (B)   Such statement and supporting documentation must be sent to the Administrator by certified mail, return receipt requested, or hand-delivered to the Administrator within five days after the person receives notice from the Secretary that the person's driver's license will be suspended at the end of a specified period of time unless the Secretary is presented with a notice from the village 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.
(Ord. 2010-009, passed 7-7-10)
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