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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)
A final determination of vehicular standing, parking, or compliance regulation violation(s) liability shall:
(A) Occur following the failure to pay the total assessed fine or penalty after the Hearing Officer's determination of vehicular standing, parking, or compliance regulation violation(s) liability and the exhaustion of or the failure to exhaust any administrative review procedures hereinafter set forth, or
(B) Where a person fails to appear at a prior hearing or by the third and final administrative hearing provided to contest the alleged violation(s) on the date and at the time and place specified in a prior served or mailed notice, the hearing officer's determination of vehicular standing, parking, or compliance regulation violation(s) liability shall become final;
(1) Upon denial of a timely petition to set aside that determination, or
(2) Upon the expiration of the period for filing petition without a filing having been made.
(Ord. 97-31, passed 7-2-97)
A petition to set aside a determination of vehicular standing, parking, or compliance regulation violation(s) liability may be filed by a person owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth:
(A) A written petition to set aside a determination of liability must be filed in the office of the Traffic Compliance Administrator within, but not later than, 14 days from the date the determination of liability is made.
(B) The Traffic Compliance Administrator shall act upon the petition(s) timely filed and render a decision thereon within 14 days of the date filed.
(C) The grounds for setting aside a determination of liability shall be limited to the following:
(1) The person against whom the determination of liability is made was not the owner or lessee of the “cited vehicle” on the date the vehicular standing, parking, or compliance regulation violation(s) notice(s) were issued.
(2) The person's having paid the fine or penalty prior to the determination of liability for the violation(s) in question.
(3) Excusable failure to appear at or request a new date for a hearing.
(D) Should the determination of liability be set aside, the Traffic Compliance Administrator shall:
(1) Notify the registered owner, or lessee, as the case may be, that the determination of liability has been set aside.
(2) Notify the registered owner, or lessee, as the case may be, of a date, time and place for a hearing on the merits of the violation for which determination of liability has been set aside.
(3) Notice of setting aside of the determination of liability and the notice of the hearing date shall be by first class mail, postage prepaid to the address set forth on the petition to set aside the determination of liability.
(4) Service of the notice shall be complete on the date the notice(s) are deposited in the United States mail.
(Ord. 97-31, passed 7-2-97)
Non-residents of this municipality who have been served vehicular standing, parking, or compliance regulation violation(s) notice(s), in accordance with this chapter, may contest the alleged violation on its merits, as could a resident, or may contest the validity without personally appearing at an administrative hearing by:
(A) Completing, in full, the “Non-Resident Request for Hearing” section of the violation notice, served upon him/her pursuant to this subchapter.
(B) Signing the non-resident request for hearing in the space specified in the violation notice, and acknowledging that his/her personal appearance is waived and submitting to an adjudication based upon the notarized statement filed by him/her and the facts contained in the violation notice.
(C) Filing the violation notice with the “Request for Hearing” section 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.
(D) Filing a notarized a 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 upon receipt by the Traffic Compliance Administrator. The acceptance of a “Non-Resident Request For Hearing” after the due date or with cause, at the discretion of the Traffic Compliance Administrator, be accepted for hearing consideration and decision.
(E) The Hearing Officer shall make an adjudication based upon the facts set forth in the notarized statement of facts filed by the non-resident as is contained in the violation notice.
(F) Notice of the determination of the Hearing Officer shall be served upon the non-resident by first class mail, postage prepaid, addressed to the non-resident at the address set forth in the statement of facts submitted.
(G) Service of the notice shall be complete on the date the notice is placed in the United States mail.
(H) All other provisions of this chapter shall apply equally to non-residents of this municipality.
(Ord. 97-31, passed 7-2-97)
(A) The fines and penalties which shall be imposed for the violation of vehicular standing, parking, or compliance regulation violation(s) shall be as follows:
FINE PAYMENT SCHEDULE | |||
FINE SCHEDULE | GENERAL FINE AMOUNT | HANDICAPPED FINE AMOUNT | TRAFFIC COMPLIANCE |
Step 1 Upon service of a “Violation Notice” issued and paid within ten days of the violation notice issuance, and no “Request for Hearing” has been timely filed, the fine amount owed shall be: | $25.00 | $100.00 | $25.00 |
Step 2 Having failed to pay the fine amount by the deadline date (within ten days of the violation notice issuance) as specified in Step 1 above, the fine amount, if paid after the deadline date in Step 1 above but prior to the first hearing date, will be: | $50.00 | $150.00 | $50.00 |
Step 3 Having failed to pay the fine amount specified in Step 2 prior to the commencement of the 1st Hearing Date, the fine amount, if paid on the 1st Hearing Date or prior to the 2nd Hearing Date, will be: | $100.00 | $175.00 | $100.00 |
Step 4 Having failed to pay the fine amount specified in Step 3 prior to the commencement of the 2nd Hearing Date, the fine amount, if paid on the 2nd Hearing Date or prior to the 3rd Hearing Date, will be: | $150.00 | $200.00 | $150.00 |
Step 5 Having failed to pay the fine amount specified in Step 4 prior to the commencement of the 3rd Hearing Date, the fine amount, if paid on the 3rd Hearing Date or upon the finding of Liability for the violation, after failure to appear at the 3rd Hearing, will be: | $250.00 | $250.00 | $250.00 |
(B) The fines and penalties herein set forth shall be uniformly applied for each violation of any applicable municipal ordinance.
(C) The municipality adopts by reference all current and future local standing, parking or condition of vehicle ordinances, and those provisions of the Illinois Complied Statues governing the standing, parking, or condition of vehicles, for its enforcement and adjudication within the geographical boundaries of the municipality and in those areas subject to off-street parking agreements.
(Ord. 97-31, passed 7-2-97)
(A) Upon a failure to pay fines and penalties deemed due and owing the village after the exhaustion of administrative procedures set forth herein for ten or more vehicular parking regulation violations, the Traffic Compliance Administrator shall make a certified report to the Secretary of State stating that the owner of a registered vehicle has failed to pay any fine or penalty due and owing the village as a result of ten or more violations of municipal vehicular standing or parking regulations and thereby cause the suspension of that person's driver's license.
(B) The Traffic Compliance Administrator shall take no further action unless and until the fines and penalties due and owing the village are paid or upon determination that the inclusion of the person's name on the certified report was in error. At such time, the Traffic Compliance Administrator shall submit to the Secretary of State a notification which shall result in the halting of a driver's license suspension proceedings. The person named therein shall receive a certified copy of such notification upon request and at no charge.
(C) Persons may challenge the accuracy of the certified report by completing a form provided by the Office of the Traffic Compliance Administrator. The form shall specify the grounds on which such challenge is based. Grounds for challenge shall be limited to the following:
(1) The person was neither the owner nor the lessee of the vehicle(s) receiving ten or more violation notices on the date or dates such notices were issued; or
(2) The person has paid the fine and/or penalty for the ten or more violations indicated on the certified report.
(D) The Traffic Compliance Administrator shall render a determination within 14 business days of receipt of the objection form and shall notify the objector of the determination.
(Ord. 97-31, passed 7-2-97)
(A) Any motor vehicle whose registered owner has been determined to be liable for three or more vehicular standing, parking, or compliance regulation violation(s), for which the fines or penalties assessed remain unpaid, may be immobilized or towed and impounded if:
(1) The Traffic Compliance Administrator has determined that a person has been determined to be liable for three or more vehicular standing, parking, or compliance regulation violation(s), the fines or penalties for which remain unpaid.
(2) The person determined to be liable for three or more violations is the registered owner of a motor vehicle.
(3) A pre-towing notice has been sent to the registered owner of the motor vehicle which contains, but shall not be limited to the following:
(a) That a final determination has been made on three or more vehicular standing, parking, or compliance regulation violation(s), the fines and penalties for which remain unpaid.
(b) A listing of the violation(s) for which the person has been determined to be liable, which shall include for each violation:
1. The vehicular standing, parking, or compliance regulation violation notice number.
2. Date of issuance.
3. Total amount of fine(s) and penalty(s) assessed.
(c) That the motor vehicle(s) owned by the person and located within the municipality 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.
(d) That the registered owner may contest the validity of the notice by fully completing and signing the request for hearing portion of one 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. The request for hearing shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(4) The motor vehicle(s) 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.
(5) Upon the receipt of the request for hearing to contest the validity of the notice of impending immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing to contest the validity of said notice, by disproving liability for the unpaid final determinations of parking, standing, or compliance violation liability listed on the notice, on the next available hearing date, but in no case shall the hearing be scheduled later than 60 days after the request for hearing is filed.
(a) The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner.
(b) Notice shall be sent by first class mail, postage prepaid to the address as is set forth on the request for hearing.
(c) Service of the notice shall be complete on the date it is placed in the United States mail.
(B) The registered owner of a vehicle(s) immobilized or towed and impounded under this section, shall have the right to a prompt administrative hearing without the requirement of payment of outstanding fines and penalties for which final determination has been made.
(1) The Traffic Compliance Administrator shall serve a post-towing notice upon the registered owner of a vehicle immobilized or towed and impounded under this section which notice shall contain, but not be limited to the following information:
(a) Date of immobilization or towing and date of impoundment.
(b) Location of vehicle.
(c) That the vehicle was immobilized under this section of this subchapter for non-payment of fines or penalties assessed for violation of three or more violation(s) of vehicular standing, parking, or compliance regulation(s) for which the registered owner has been determined liable, and notified of impending immobilization or towing and impoundment.
(d) Date of notice of impending immobilization or towing and impoundment.
(e) That the registered owner may contest the validity of the immobilization or towing and impoundment by completing and signing the request for hearing portion of the notice and filing the request for hearing with the Traffic Compliance Administrator within, but not later than, 14 days of the date of the notice which shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(C) A vehicle impounded pursuant to this section shall be released to the registered owner thereof, or his agent, upon payment of the fines and penalties due and owing the municipality as specified in the notice sent in accordance with division (A)(3) of this section and the payment of towing charges and accrued daily impound charges or upon order of the hearing officer following hearing contesting the validity of the impoundment.
(D) The Traffic Compliance Administrator shall appoint or retain the services of an individual agency or company to tow and impound vehicles in accordance herewith, provided:
(1) The individual, agency or company is fully licensed according to local and state law.
(2) The individual, agency or company is fully insured.
(3) The individual, agency or company has available a secured impound area within which to retain 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 vehicles.
(Ord. 97-31, passed 7-2-97; Am. Ord. 2011-007, passed 8-3-11; Am. Ord. 2012-007, passed 4-18-12)
Judicial Review of final determinations of vehicular standing, parking, or compliance regulation violation(s) and final administrative decisions issued after hearing(s) regarding vehicle immobilization or towing and impoundment made under this section shall be subject to the provisions of the Administrative Review Law as is set forth in ILCS Ch. 735, Act 5, § 301, et seq. incorporated herein by reference.
(Ord. 97-31, passed 7-2-97)
Any fine, penalty or part of any fine or any penalty assessed in accordance with the provisions of this subchapter and remaining unpaid after the exhaustion of, or the failure to exhaust, administrative remedies created under this section and the conclusion of any judicial review procedures shall be a debt due and owing the municipality and, as such, may be collected in accordance with the applicable law. Payment in full of any fine or penalty resulting from a standing, parking, or compliance violation shall constitute a final disposition of that violation.
(Ord. 97-31, passed 7-2-97)
(A) The Traffic Compliance Administrator shall, following the expiration of the period within which administrative or judicial review may be sought for a final determination of violation, take all necessary action(s), execute all required documents and appoint or retain any individual or agency deemed appropriate to obtain a judgment against and collect moneys from the person(s) who have been assessed fines or penalties which remain unpaid and have become a debt due and owing the municipality in accordance with the provisions of this section and ILCS Ch. 625, Act 5, § 11-208.3 by:
(1) Filing a complaint in the Circuit Court praying for the entry of a judgment against the person for whom a final determination of standing, parking, or compliance regulation violation(s) liability has been made.
(2) The complaint filed by the Traffic Compliance Administrator or individual or agency on behalf of the municipality seeking entry of a judgment against an individual for unpaid fines and/or penalties pursuant to a final determination of standing, parking, or compliance regulation violation(s) shall have appended:
(a) A certified copy of the final determination of the standing, parking, or compliance regulation violation(s).
(b) A certification that recites facts sufficient to show that the final determination of standing, parking, or compliance regulation violation(s) was issued in accordance with this subchapter and ILCS Ch. 625, Act 5, § 11-208.3.
(3) Nothing shall prevent the municipality from consolidating multiple final determinations of standing, parking, or compliance regulation violation(s) liability in an action in the Circuit Court against an individual.
(4) Pursuing all available remedies, allowed by law, to collect money judgments.
(B) Service of summons and a copy of the complaint may be served upon the person against whom a judgment is sought under the provisions of this section by any method provided under ILCS Ch. 735, Act 5, § 2-203, incorporated by reference, or by certified mail, return receipt requested, provided the total amount of fines and penalties for final determination of standing, parking, or compliance regulation violation(s) does not exceed $2,500.
(Ord. 97-31, passed 7-2-97)
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