(A) In the event the automated traffic law enforcement system records an automated traffic law violation, the Village shall issue a written notice of the violation to the registered owner or lessee of the vehicle, which shall be mailed by first class mail within thirty (30) days after the Illinois Secretary of State notifies the Village of the identity of the registered owner or lessee of the vehicle, and in no event later than ninety (90) days following the violation, except that in the case of a lessee of a motor vehicle, service of an automated traffic law violation notice may occur no later than two hundred ten (210) days after the violation. The Village shall only be required to notify a lessee if the leasing company/lessor provides the lessee's name by an affidavit and a copy of the lease within sixty (60) days of the notice's issuance. If the driver information is not provided within sixty (60) days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, a second notice shall be sent to the last known address recorded in a United States Post Office approved database of the owner or lessee of the cited vehicle. The second notice shall be made by first class mail postage prepaid. Service of such notices shall be deemed complete as of the date of deposit in the United States mail.
(B) Each notice of violation associated with an automated traffic law violation shall require a review of the associated recorded image by an officer or retired officer of the Village Police Department to determine whether a violation has occurred or whether one of the defenses enumerated below in section 9-8-11 of this chapter is visibly applicable upon inspection. Upon determination that the recorded image captures a violation and that no defense applies, the notice of violation shall be served upon the registered vehicle owner or lessee in the manner provided for above. The Traffic Compliance Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the alleged violator.
(C) Based on inspection of the recorded images produced by the automated traffic law enforcement system, each notice of violation shall constitute evidence of the facts contained in the notice, is admissible in any proceeding alleging an automated traffic law violation under section 9-8-3 of this chapter, and shall establish prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in section 9-8-11 of this chapter.
(D) Each notice of violation shall include the following:
1. The name and address of the registered owner or lessee 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 Post Office approved database;
2. The registration number of the motor vehicle involved in the violation;
3. The vehicle make, if available and readily discernible;
4. The violation charged;
5. The location where the violation occurred;
6. The date and time of the violation;
7. A copy of the recorded images;
8. A website address, accessible through the internet, where the violator may review the recorded images of the violation;
9. A statement that the violator may elect to proceed by paying the civil penalty or challenging the alleged violation in an administrative hearing or by mail (if a non-resident) or, following the administrative hearing, in court;
10. The date, time and place of the administrative hearing at which the charge may be contested on its merits, a date that shall be no less than fifteen (15) days from the mailing or other service of the first notice of violation;
11. The amount of the civil penalty imposed and the date by which the civil penalty should be paid if liability for the violation is not going to be contested;
12. A statement that a failure to pay the civil penalty by the date noted may result in an additional late fee being assessed against the owner or lessee, and the amount of the late fee;
13. A statement that the recorded images are evidence of a violation of a red light signal;
14. A warning that failure to either pay the civil penalty or contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner or lessee of the vehicle in addition to the specified penalties for failing to contest liability or to pay the civil penalty in advance of the hearing;
15. A statement that payment of the indicated civil penalty and of any applicable penalty for late payment shall constitute a final disposition of the violation; and
16. The signature and identification number of the party reviewing the recorded images and confirming that a violation took place. (Ord. 3012, 12-6-2018)