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ADMINISTRATIVE ADJUDICATION
(A) The stated purpose of this section is to provide a fair and efficient enforcement of municipal vehicular standing, parking, and condition of vehicle regulation violation(s) and other municipal regulation violation(s) as may be allowed by law, through an administrative adjudication of violation(s) of municipal ordinances regulating the standing, parking, and condition of vehicles within the geographic boundaries of this municipality and a schedule of uniform fines and penalties and authority and procedures for collection of unpaid fines and penalties.
(B) For purposes of this subchapter, “compliance violation” means a violation of a municipal regulation governing the condition or use of equipment on a vehicle or governing the display of a municipal wheel tax license.
(Ord. 97-31, passed 7-2-97)
The system of administrative adjudication of vehicular standing, parking, and compliance, regulation violation(s) shall provide for a Traffic Compliance Administrator, Hearing Officer, Computer Operator/System Coordinator and Hearing Room Personnel (Deputy), with the power, authority and limitations as are hereinafter set forth:
(A) Traffic Compliance Administrator - shall be empowered and is hereby authorized and directed to:
(1) Operate and manage the system of administrative adjudication of vehicular standing, parking, and compliance regulation violation(s).
(2) Adopt, distribute and process standing, parking, and compliance violation notices and other notices as may be required under this subchapter or as may be reasonably required to carry out the purpose of this subchapter.
(3) Collect moneys paid as fines and/or penalties assessed after a final determination of vehicular standing, parking, or compliance regulation violation(s) liability.
(4) Conduct hearings, as a Hearing Officer with the same power and authority as is hereinafter set forth, during the absence of the appointed Hearing Officer.
(5) Certify copies of final determination(s) of standing, parking, and compliance regulation violation(s) liability and factual report(s) verifying that the final determination of standing, parking, and compliance regulation violation(s) liability was issued in accordance with this subchapter and ILCS Ch. 625, Act 5, § 11-208.3.
(6) Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this subchapter, hereinafter set forth.
(7) Review final determination(s) of vehicular standing, parking, and compliance regulation violation(s) liability, validity of notices of impending impoundment or validity of notice of impending drivers license suspension, in an administrative review capacity in accordance with the provisions of this subchapter, hereinafter set forth.
(8) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created.
(9) Collect unpaid fines and penalties by filing complaints in the Circuit Court or selecting or appointing an individual or agency to act on behalf of this municipality in filing complaints seeking judgments for unpaid fines or penalties and pursuit of all post- judgment remedies available by current law.
(10) To select or appoint an individual, agency or firm to tow and impound vehicles in accordance with the provisions of this subchapter, hereinafter set forth.
(B) Hearing Officer - shall be empowered and is hereby authorized and directed to:
(1) Preside over the administrative hearings, established herein, as the adjudicator.
(2) Administer oaths.
(3) Issue subpoenas to secure the attendance of witnesses and production of relevant papers or documentation.
(4) Assess fines and penalties for the violation of vehicular standing, parking, or compliance regulation violation(s) as are established in § 73.38 hereof.
(5) Make final determination of:
(a) Vehicular standing, parking and compliance regulation violation(s) liability.
(b) Validity of notice of impending impoundment.
(c) Validity of notice of impending drivers license suspension in accordance with the provisions of this subchapter, hereinafter set forth.
(6) Provide for the accurate recordation of the administrative adjudication hearing(s).
(C) System Coordinator/Computer Operator - are hereby authorized and directed to operate and maintain the computer program(s) for the administrative adjudication system hereby created, on a day to day basis, including but not limited to:
(1) Input of violation notice information.
(2) Hearing date(s) and notice dates.
(3) Fine and penalty assessments and payment(s).
(4) Issue payment receipts.
(5) Issue succeeding notices of hearing dates, final determination of liability, notice of impending impoundment, and notice of impending drivers license suspension, as directed by the Traffic Compliance Administrator in accordance with the provisions hereinafter set forth.
(6) Keep accurate records of appearances and non-appearances at administrative hearings, pleas entered, fines and penalties assessed and paid.
(D) Hearing Room Personnel - are hereby authorized and directed to:
(1) Maintain hearing room decorum.
(2) Have and execute authority as is granted to courtroom deputies of the Circuit Court.
(3) Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer or Traffic Compliance Administrator.
(4) This position is limited to off-duty, full- time, part-time or auxiliary police officers.
(E) Appointments - The President is hereby authorized to appoint persons to hold the positions above set forth. One person may hold and fulfill the requirements of one or more of the above stated positions.
(F) Compensation to be paid for each of the above stated positions shall be as determined by the President and approved by the Village Board.
(Ord. 97-31, passed 7-2-97)
The system of administrative adjudication of vehicular standing, parking, and compliance regulation violation(s) shall be in accordance with the following procedures and final determination(s) of vehicular standing, parking, and compliance regulation violation(s) liability, validity of notice of impending impoundment, validity of notice of impending drivers license suspension, impoundment of vehicle and collections shall be made only in accordance with the provisions set forth below:
(A) Violation notice - vehicular standing, parking, and compliance regulation violation(s) notice(s) (“violation notice”(s)) shall be issued by the person(s) authorized herein and shall contain information and shall be served, certified and have evidentiary admissibility as is hereinafter set forth.
(B) Authorization - All full-time, part-time, auxiliary police and community service officers, as well as, other specifically appointed individuals shall have the authority to issue violation(s) notices.
(C) Detection of violations - Any individual authorized hereby to issue violation(s) notices and who detects a violation of any section of any applicable municipal ordinance, shall issue a notice of violation thereof and shall make service thereof as is hereinafter set forth.
(D) The vehicular standing, parking, and compliance regulation “Violation Notice” shall contain, but shall not be limited to, the following information:
(1) The date, time and place of the violation (date of issuance).
(2) The particular vehicular standing, parking, or compliance regulation violated.
(3) Vehicle make and state registration number.
(4) The fine and any penalty which may be assessed for late payment. The signature and identification number of the person issuing the notice.
(5) A section entitled “Request for Hearing” which shall clearly set forth that the registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the violation notice by:
(a) Checking or placing a mark in a space provided and clearly identified, “Request for Hearing.”
(b) Placing his/her name and current address in the place provided.
(c) Signing his/her name in the appropriate indicated place.
(d) Filing the violation notice with the “Request for Hearing” portion fully completed; with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(6) The date, time and place of an administrative hearing at which the violation may be contested on its merits.
(7) That payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation.
(8) A section entitled, “Non-Resident Request for Hearing - Non-Appearance,” which clearly sets forth that a non-resident registered owner or lessee may appear at the initial administrative hearing to contest the validity of the violation notice without personally appearing by:
(a) Checking or placing a mark in a space provided and clearly identified, “Non-Resident Request for Hearing - Non-appearance.”
(b) Placing his/her name and current address in the place provided.
(c) Signing his/her name in the appropriate indicated place.
(d) Filing the violation notice with the “Non-Resident Request for Hearing” portion fully completed, with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(e) Filing a notarized statement of facts specifying the grounds for challenging the violation notice which must be filed with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed, if post marked by the due dates herein specified.
(f) A clearly marked statement that execution of the non-resident request for hearing is a waiver of the non-resident's right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the non-resident and the facts contained in the violation(s) notice(s).
(E) Service of the violation(s) notice(s) shall be made by the person issuing such notice by:
(1) Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, or
(2) Handing the notice to the registered owner, operator or lessee of the vehicle, if present.
(F) The correctness of facts contained in the vehicular standing, parking, or compliance regulation violation(s) notice(s) shall be certified by the person issuing said notice by:
(1) Signing his/her name to the notice(s) at the time of service, or
(2) In the case of a notice produced by a computer device, by signing a single certification, to be kept by the Traffic Compliance Administrator, attesting to the correctness of all notices produced by the device while under his/her control.
(G) The original or a facsimile of the violation(s) notice(s) shall be retained by the Traffic Compliance Administrator and kept as a record in the ordinary course of business.
(H) Prima facia evidence of correctness - Any violation(s) notice(s) issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facia correct and shall be prima facia evidence of the correctness of the facts shown on the notice.
(I) Admissibility - The violation(s) notice(s) or a copy(s) shall be admissible in any subsequent administrative or legal proceeding.
(Ord. 97-31, passed 7-2-97)
An administrative hearing to adjudicate the alleged standing, parking, or compliance regulation violation(s) on its merits;
(A) Shall be granted to - the registered owner or operator of the “cited vehicle,” pursuant to ILCS Ch. 625, Act 5, § 11-208.3 or the lessee of the “cited vehicle,” pursuant to ILCS Ch. 625, Act 5, § 11-1306, incorporated herein by reference.
(B) Hearing dates - shall be at the date, time and place as is set forth in the violation notice issued and served, or such additional notices issued in accordance with this subchapter. Violators shall be given no less than three opportunities to appear and failure to appear by the third scheduled hearing date will result in a “Final Determination of Liability” as hereinafter set forth.
(C) Shall be tape recorded.
(D) Shall culminate in a determination of liability or non-liability, made by the Hearing Officer, who shall consider testimony and other evidence without the application of the formal or technical rules of evidence. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with § 73.38 hereof.
(E) Representation by attorney - Persons appearing to contest the alleged standing, parking, or compliance violation on its merits may be represented by counsel at their own expense.
(F) Review - The final determination of any matter which may be decided by the Hearing Officer may be reviewed as is hereinafter set forth.
(Ord. 97-31, passed 7-2-97)
Upon failure of the registered owner or lessee of the “cited vehicle” to appear at the administrative hearing indicated in the vehicular standing, parking, or compliance regulation violation(s) notice(s), or upon final determination of violation liability, the Traffic Compliance Administrator shall send or cause to be sent additional notices which:
(A) Shall be sent to the registered owner or lessee of the “cited vehicle” at the address as is recorded with the Secretary of State.
(B) Shall be sent to the lessee of the “cited vehicle” at the address last known to the lessor of the “cited vehicle” at the time of the lease.
(C) Shall be sent by first class mail, postage prepaid.
(D) Service of additional notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
(E) The additional notices sent in accordance herewith shall be in the following sequence and contain, but not be limited to, the following information:
(1) Upon the failure of the registered owner or lessee of the “cited vehicle” to appear at the hearing set forth in the vehicular standing, parking, or compliance regulation violation(s) notice(s), additional notice(s) shall be sent, as above set forth, and shall contain, but not be limited to the following information:
(a) Date and location of violation cited in the vehicular standing, parking, or compliance regulation violation(s) notice(s).
(b) Particular standing, parking, or compliance regulation violated.
(c) Vehicle make and state registration.
(d) Fine and any penalty that may be assessed for late payment.
(e) Notice to the registered owner or lessee of their current status, other than paid in full.
(f) Date, time and place of the administrative hearing at which the alleged violation may be contested on its merits.
(g) Statement that failure to either pay fine and any applicable penalty or failure to appear at the hearing on its merits on the date and at the time and place specified will result in a final determination of vehicle standing, parking, or compliance regulation violation(s) liability for the “cited” violation in the amount of the fine and penalty indicated.
(h) Statement that upon the occurrence of a final determination of vehicular standing, parking, or compliance violation(s) liability for the failure, and the exhaustion of, or the failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the municipality.
(2) A notice of final determination of vehicular standing, parking, or compliance regulation violation(s) liability shall be sent following an appearance by the violator and a determination of liability, or the failure to appear by the violator by the third and final hearing date upon conclusion of any administrative and/or judicial review, as is hereinafter set forth, and the notice shall contain, but not be limited to, the following information and warnings:
(a) A statement that the unpaid fine and any penalty assessed is a debt due and owing the municipality.
(b) A warning that failure to pay the fine and any penalty due and owing the municipality within the time specified may result in the municipality's filing a complaint in the Circuit Court to have the unpaid fine or penalty rendered a judgement in accordance with ILCS Ch. 625, Act 5, § 11-208.3 (f), incorporated herein by reference.
(c) A warning that the vehicle owned by the person and located within the municipality may be impounded for failure to pay fines or penalties for five or more vehicular standing, parking, or compliance regulation violations.
(d) A warning that the person's drivers license may be suspended for failure to pay fines or penalties for ten or more vehicular standing or parking violations under ILCS Ch. 625, Act 5, § 6-306.5, incorporated herein by reference.
(3) A notice of impending suspension of a person's drivers license shall be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on ten or more vehicular standing or parking regulation violation(s):
(a) The notice shall state that the failure to pay the fine or penalty owing within 45 days of the date of the notice will result in the municipality's notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under ILCS Ch. 625, Act 5, § 6-306.5 incorporated herein by reference.
(b) The notice of impending drivers license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State.
(Ord. 97-31, passed 7-2-97)
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