(a) If, as a result of an inspection of recorded images, the Traffic Compliance Administrator, or his/her authorized designee, determines that a motor vehicle was being operated in violation of Section 456.03 of this Chapter, the Traffic Compliance Administrator, or his/her authorized designee, shall issue or cause to be issued a written Notice of Violation to the registered owner of the vehicle. The initial Notice of Violation must be mailed within thirty days after the Secretary of State notifies the Village of the identity of the registered owner of the vehicle, and, in no event, later than ninety days following the violation. In the case of a lessee of a motor vehicle, service of a violation notice may occur no later than two hundred ten days after the violation. If a Notice of Violation is returned after mailing as undeliverable, a second notice shall be made by first class mail, postage prepaid. Service of a violation notice shall be deemed complete as of the date of deposit in the United States mail.
(b) The Traffic Compliance Administrator, or his/her duly authorized designee, shall certify as to the correctness of the facts entered in the violation notice by signing his/her name to the notice at the time of service, or in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the Traffic Compliance Administrator, or his/her authorized designee, attesting to the correctness of all notices produced by the device while it was under his/her control. The original or a facsimile of a violation notice or, in the case of a violation notice produced by a computerized device, a printed record generated by the device showing the facts entered on the violation notice, shall be retained by the Traffic Compliance Administrator, or his/her authorized designee, and shall be a record kept in the ordinary course of business.
(c) A violation notice issued, signed and served in accordance with this Section and 625 ILCS 5/11-208.3, a copy of the violation notice, or the computer generated record, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the violation notice. The violation notice, copy or computer generated record shall be admissible in any subsequent administrative or legal proceeding.
(d) A Notice of Violation shall include the following information:
(1) The name and address of the registered owner of the vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in a United States Office approved database;
(2) The make (only if discernable) and registration number of the motor vehicle involved in the violation;
(3) The violation charged;
(4) The location where the violation occurred;
(5) The date and time of the violation;
(6) A copy of the recorded image;
(7) The amount of the civil penalty and the date by which the penalty should be paid;
(8) A statement that the recorded images are a violation of a red light signal;
(9) A warning that a failure to pay the civil penalty or to contest liability by the date specified in the notice as the response date is an admission of liability and may result in a suspension of driving privileges of the registered owner of the vehicle;
(10) A statement that the person may elect to proceed by:
A. Paying the fine; or
B. Challenging the charge made in the Notice of Violation and contesting the liability through an administrative hearing in person or by mail or by filing an action in a court that has jurisdiction for resolving challenges to the charge.
(11) A warning that a failure to pay the fine or contest liability in a timely manner will result in the imposition of a late fee and the amount of the late fee;
(12) A statement of how an administrative hearing may be requested and how the charge made in the Notice of Violation may be challenged by mail; and
(13) A website address, accessible through the internet, where a person may view the recorded images of the violation.
(e) Response date. The response date specified in a Notice of Violation shall not be more than thirty days after the date the Notice of Violation is mailed.
(Ord. 1323. Passed 8-27-07; Ord. 1651. Passed 10-9-17.)