(a) The owner of a vehicle who is sent a Notice of Violation may elect to contest the Notice of Violation at an administrative hearing. If the owner of the vehicle is not a resident of the Village, then the owner of the vehicle shall have the alternative of requesting that the hearing be conducted by mail as provided in Section 412.09 of the Codified Ordinances; except, however, the statement of facts provided by the owner of the vehicle in support of his/her defense need not be notarized. If a hearing is requested, the hearing shall be conducted on the date, time and location provided in the Notice of Violation.
(b) The hearing shall be limited to determining whether the Notice of Violation, including the recorded images together with any other evidence that may be presented at the hearing support a determination that:
(1) The operator of the vehicle was issued a uniform traffic citation for a violation of 625 ILCS 5/11-306.
(2) The violation occurred at the time during which the vehicle or its state registration plates of the motor vehicle were reported to a law enforcement agency as having been stolen and the vehicle or its registration plates had not been recovered by the owner at the time of the alleged violation.
(3) The vehicle was leased to another, and, within sixty days after the citation was mailed to the owner, the owner submitted to the Traffic Compliance Administrator, or his/her authorized designee, the correct name and address of the person who was the lessee of the vehicle identified in the Notice of Violation at the time of the violation together with a copy of the lease agreement and any additional information as may be required by the Traffic Compliance Administrator.
(4) The vehicle was an authorized emergency vehicle.
(5) The vehicle was lawfully participating in a funeral procession.
(6) The vehicle was being operated in a manner that constitutes disregarding a traffic control device or committing a "no turn on red" violation in order to yield the right-of-way to an emergency vehicle.
(7) The facts alleged in the Notice of Violation are inconsistent or do not support a finding that Section 456.03(a) of this Chapter was violated.
(8) The person to whom the Notice of Violation was addressed was not the registered owner or lessee of the vehicle identified in the Notice of Violation at the time of the violation.
(c) The Notice of Violation, including the recorded images, shall constitute prima facie evidence of the facts contained in the Notice of Violation and shall be admissible in any hearing held to consider a charge that there was a violation of Section 456.03(a) of this Chapter, subject to rebuttal on the basis of evidence showing:
(1) The existence of one of the defenses set forth in Section 456.03(a) of this Chapter;
(2) That the person to whom the Notice of Violation was addressed was not the registered owner or lessee of the vehicle identified in the Notice of Violation at the time of the violation; or
(3) That the facts alleged in the Notice of Violation are inconsistent or do not support a finding that Section 456.03(a) of this Chapter was violated.
(d) The registered owner's failure to appear at the hearing will result in a finding of liability and the imposition of a one hundred dollar ($100.00) fine.
(e) If the person identified as the registered owner of a vehicle in a Notice of Violation issued pursuant to Section 456.05 of this Chapter is not a resident of the Village, then such person may contest the charges in the Notice of Violation using the grounds set forth in Section 456.06(b) of this Chapter. In lieu of attending the administrative hearing in person, the registered owner may, no later than the response date specified in the Notice of Violation, submit any and all documentation or other materials to the Traffic Compliance Administrator by mail. The Traffic Compliance Administrator, or his/her authorized designee, shall forward all timely-submitted documentary and other materials to the Hearing Officer for review and determination. The records of the Secretary of State shall be prima facie evidence as to whether the registered owner is a resident of the Village.
(f) Following a finding of liability at the conclusion of a hearing conducted in person, the Hearing Officer shall impose a fine in the amount of one hundred dollars ($100.00) to be paid by the registered owner if the Hearing Officer determines that the evidence considered at the hearing does not support a determination that one of the grounds set forth in Section 456.06(b) of this Chapter exists. The owner of the vehicle must pay the fine within thirty days of the date of the hearing in order to avoid any penalties imposed under this Chapter.
(g) Following the conclusion of the hearing conducted by mail, the Hearing Officer shall issue a Finding, Decision and Order Letter to the registered owner. The Finding, Decision and Order Letter shall impose a fine in the amount of one hundred dollars ($100.00) to be paid by the registered owner if the Hearing Officer determines that the evidence considered at the hearing does not support a determination that one of the grounds set forth in Section 456.06(b) of this Chapter exists. The owner of the vehicle must pay the fine within thirty days of the date on which the Finding, Decision and Order is issued in order to avoid any penalties imposed under this Chapter.
(Ord. 1323. Passed 8-27-07; Ord. 1651. Passed 10-9-17.)