(a) Upon failure to pay fines and penalties deemed due and owing the Village after the exhaustion of the administrative procedures set forth in this Chapter for ten or more vehicular parking regulation violations or after exhaustion of the administrative procedures set forth in Chapter 456 of the Codified Ordinances for five or more automated traffic law 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 the Village's vehicular standing or parking regulations or five or more automated traffic law violations and thereby cause the suspension of the person's driver's license. The certified report shall identify the Village as making the request and shall contain the following information, as well as any other information which may be required by law or required or requested by the Secretary of State:
(1) The name and driver's license of the person who driving privileges the Village is requesting be suspended and the person's last known address as recorded with the Secretary of State and as recorded in a United States Post Office approved data base if a Notice of Impending Driver's License Suspension has been returned as undeliverable. If the vehicle used in the violation is leased and the lessee is considered to be the registered owner of the vehicle under 625 ILCS 5/11-1306, then the notice shall state the last address of the lessee known to the lessor at the time of the lease;
(2) The registration number of any vehicle known to be registered in the State of Illinois to such person;
(3) A statement that a Notice of Impending Driver's License Suspension has been sent to the person named in the certified report, the date the Notice was sent, and the address to which the Notice was sent;
(4) A statement that the address(es) to which the Notice of Impending Driver's License Suspension was sent was to the last known address of the person named in the certified report as recorded with the Secretary of State and as recorded in a United States Post Office approved database if a Notice of Impending Driver's License Suspension or any other notice provided for this Section has been returned as undeliverable. If the vehicle used is leased and the lessee is considered to be the registered owner under 625 ILCS 5/11-1306, then the notice shall state that the Notice of Impending Driver's License Suspension was sent to the last address of the lessee known to the lessor at the time of the lease.
(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 the 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 making a written request to the Traffic Compliance Administrator conduct an informal hearing within not more than twenty-one days after the date of the Notice of Impending Driver's License Suspension or the date of the notice from the Secretary of State. If an informal hearing is requested, the hearing may be conducted by the Traffic Compliance Administrator or such other person as is designated by the Chief of Police. The hearing may be held in person, over the phone or by mail. At the hearing, the person requesting the hearing shall be entitled to introduce documents and other evidence that is intended to establish either:
(1) That the person was not the registered owner or lessee, if the lessee is considered the registered owner of the vehicle(s) for which ten or more vehicular parking regulation violations or five or more automated traffic law violations were issued on the dates of the notice; or
(2) That the person has already paid the fines and penalties for the ten or more vehicular parking regulation violations or five or more automated traffic law violations indicated on the certified report submitted to the Secretary of State pursuant to this Section.
(Ord. 833. Passed 8-22-94; Ord. 1651. Passed 10-7-19.)