(a) The system of administrative adjudication of vehicular standing, parking and compliance regulation violations shall be in accordance with the following procedures and final determinations of vehicular standing, parking and compliance regulation violations liability, validity of notice of impending impoundment, validity of notice of impending driver's license suspension, and impoundment of vehicle and collections, which shall be made only in accordance with the provisions set forth in this Section. The procedures for the administrative adjudication of automated traffic law violations shall be as set forth in Chapter 456 of the Codified Ordinances.
(b) A vehicular standing, parking and compliance regulation violation notice ("violation notice") shall be issued by the persons authorized in subsection(c) below, shall contain information and shall be served, certified and have evidentiary admissibility as hereinafter set forth. A notice for automated traffic violation shall be governed by Section 456.05 of the Codified Ordinances.
(c) Full-time, part-time, auxiliary and community service officers, as well as other specifically appointed individuals, shall have the authority to issue vehicular standing, parking and compliance violation notices.
(d) Any individual authorized to issue violation notices and who detects a violation of any section of any applicable Village ordinance shall issue a notice thereof and shall make service of said notice as set forth below.
(e) The vehicular standing, parking and compliance regulation 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) The vehicle make and state registration number.
(4) The fine and any penalty which may be assessed for late payment.
(5) The signature and identification number of the person issuing the notice.
(6) 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 specified in the violation notice by:
A. Checking or placing a mark in a space provided and clearly identified as 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 Request for Hearing portion fully completed, with the Traffic Compliance Administrator, postmarked within ten days of the issuance of the violation notice. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(7) The date, time and place of the administrative hearing at which the violation may be contested on its merits.
(8) A statement that payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation.
(9) A section entitled Nonresident Request for Hearing - Nonappearance, which clearly sets forth that a nonresident 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 as Nonresident Request for Hearing - Nonappearance.
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 Nonresident Request for Hearing portion fully completed, with the Traffic Compliance Administrator, postmarked within ten days of the issuance of the violation notice. 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 issuance of the violation notice. The request shall be deemed filed if postmarked by the due dates herein specified.
F. A clearly marked statement that execution of the Nonresident Request for Hearing is a waiver of the nonresidents right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the nonresident and the facts contained in the violation notice.
(f) Service of the violation notice 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.
(g) The correctness of facts contained in the vehicular standing, parking or compliance regulation violation notice shall be certified by the person issuing said notice by:
(1) Signing his/her name to the notice at the time of service; or
(2) In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the Traffic Compliance Administrator, attesting to the correctness of all notices produced by the device while under his/her control.
(h) The original or a facsimile of the violation notice shall be retained by the Traffic Compliance Administrator and kept as a record in the ordinary course of business.
(i) Any violation notice issued, signed and served in accordance with these provisions, or a copy of the notice, shall be prima facie evidence of the correctness of the facts shown on the notice.
(j) The violation notice or a copy of such notice shall be admissible in any subsequent administrative or legal proceeding.
(Ord. 833. Passed 8-22-94; Ord. 1651. Passed 10-9-17.)