The system of administrative adjudication of vehicular regulation violations shall be in accordance with the following procedures:
(A) Violation Notice. Vehicular regulation violation notices shall be issued by the persons authorized herein and shall contain information and shall be served, certified and have evidentiary admissibility as is hereinafter set forth.
(B) Authorization. As determined by the Director or Chief of Police, all full-time, part-time and auxiliary police officers as well as other specifically appointed individuals shall have the authority to issue vehicular regulation violation notices.
(C) Detection of Violations. Any individual authorized hereby to issue vehicular regulation violation notices and who detects such a violation shall make service thereof as is hereinafter set forth.
(D) The vehicular regulation violation 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 regulation violated.
(3) Vehicle make, state registration number and vehicle identification number (VIN).
(4) The fine and any penalty which may be assessed for late payment.
(5) The signature and identification number of the person issuing the vehicular regulation notice.
(6) The date, time and place at which payment can be made and/or of an administrative hearing at which the violation may be contested on its merits.
(7) That payment of the indicated fine and any late payment penalty shall operate as a final disposition.
(8) A section entitled, "Request for Hearing - Non-Appearance", which clearly sets forth that any registered owner, operator or lessee may appear at the initial administrative hearing to contest the validity of the vehicular regulation violation notice without personally appearing by:
(a) Checking or placing a mark in a space provided and clearly identified, "Request for Hearing Non-appearance".
(b) Place his/her name and current address in the place provided.
(c) Signing his/her name in the appropriate indicated place.
(d) Filing the vehicular regulation violation notice with the "Request for Hearing -Non-Appearance" portion fully completed, with the Village postmarked within 10 days of the vehicular regulation violation notice issuance. The request shall be deemed filed upon receipt by the Village.
(e) Filing a notarized statement of facts, specifying the grounds for challenging the vehicular regulation violation notice, with the Village postmarked within 10 days of the vehicular regulation violation notice issuance. The request shall be deemed filed upon receipt by the Village.
(f) A clearly marked statement that execution of the Request for Hearing - Non-Appearance is a waiver of the person's right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the individual and the facts contained in the vehicular regulation violation notice.
(E) Service of the vehicular regulation violation notice shall be made by the person issuing such notice by:
(1) Affixing the original or a facsimile of the vehicular regulation notice to any unlawfully standing or parked vehicle or any vehicle found to be in an unlawful condition, or
(2) Handing the vehicular regulation notice to the registered owner, operator or lessee of the vehicle, if present.
(F) The correctness of facts contained in the vehicular regulation violation notice shall be certified by the person issuing said notice by:
(1) Signing his/her name to the vehicular regulation violation notice at the time of issuance, or
(2) In the case of a vehicular regulation violation notice produced by a computer device, by signing a single certificate to be kept by the Village, attesting to the correctness of all vehicular regulation notices produced by the device while under his/her control.
(G) The original or a facsimile of the vehicular regulation violation notice shall be retained by the Village and kept as a record in the ordinary course of business.
(H) Prima Facie Evidence of Correctness. Any vehicular regulation violation notice issued, signed and served in accordance herewith, or a copy of said notice, shall be deemed prima facie true and correct and shall be prima facie evidence of the correctness of the facts shown on the vehicular regulation notice, and shall be deemed to state a claim and meet the requirements of this Section unless specifically stated otherwise by the Hearing Officer.
(I) Admissibility. The vehicular regulation violation notices shall be admissible in any subsequent administrative or legal proceeding.
(Ord. 10-2770, passed 4-13-10; Am. Ord. 10-2786, passed 8-24-10)