(A) Administrative Hearings. An administrative hearing to adjudicate the alleged vehicular regulation violation on its merits:
(1) Shall be granted to the registered owner, operator or lessee of the "cited vehicle", pursuant to ILCS Ch. 625, Act 5, § 11-208.3.
(2) Shall be on the date, at the time and at the place as is set forth in the vehicular regulation violation notice issued and served, as is set forth in any subsequent notice issued in accordance with this Code or as is set by the Village and served upon the registered owner, operator or lessee for hearings contesting the validity of said notices.
(3) Shall be tape recorded or recorded by other appropriate means.
(4) Shall include consideration of any written, notarized statement of facts timely submitted by persons filing a "Request for Hearing - Non-Appearance."
(5) Shall allow persons appearing to contest the alleged violation on its merits to be represented by counsel at their own expense.
(6) Shall be subject to review as hereinafter set forth.
(7) Shall culminate in a default judgment, determination of liability or non-liability, made by the Hearing Officer, who shall consider facts and/or testimony without the application of the formal or technical rules of evidence. Such determination shall provide the opportunity to petition for administrative review as herein explained. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with § 71.52 hereof.
(8) Evidentiary Standard - The formal and technical rules of evidence do not apply in an administrative hearing conducted in compliance with this Section. Evidence, including hearsay, may be admitted, pursuant to state law set forth at ILCS Ch. 65, Act 5, § 1-2.1-6, if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Village police reports, inspection reports, records of state and other governmental agencies shall be admissible, subject to rebuttal.
(B) Additional Notice.
(1) Upon failure of the registered owner, operator or lessee of the "cited vehicle" to appear at the initial administrative hearing indicated in the vehicular regulation violation notice the Village shall send or cause to be sent additional notices which:
(a) Shall be sent to the registered owner or operator of the "cited vehicle" at the address as is recorded with the Secretary of State or shall be sent to the lessee of the "cited vehicle" at the address last known to the lessor of the "cited vehicle" at the time of the lease.
(b) Shall be sent by first class mail, postage prepaid.
(c) Shall be complete as to service as of the date of deposit in the United States mail.
(d) Shall contain, but not be limited to, the following information:
1. Date and location of violation cited in the vehicular regulation violation notice.
2. Particular regulation violated.
3. Vehicle make, state registration and vehicle identification number (VIN).
4. Fine and any penalty that may be assessed for late payment.
5. Notice to the registered owner, operator or lessee of their current status, other than paid in full.
6. Date, time and place of the subsequent administrative hearings at which the alleged violation may be contested on its merits.
7. A statement that failure to either pay the fine and any applicable penalty, or failure to appear at the hearing on the date and at the time and place specified, will result in a determination of vehicular regulation violation liability for the "cited" violation in the amount of the fine and penalty indicated.
8. A statement that upon the occurrence of a final determination of vehicular violation liability and the exhaustion of, or the failure to exhaust, available administrative and/or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the Village. This statement shall also advise said owner, operator or lessee of the time constraints in relation to available administrative and judicial procedures for review.
(2) A notice of determination of vehicular regulation violation liability shall be sent to any person who fails to attend a hearing detailing, the rights of the offender to petition for the determination to be set aside on certain grounds; and notice that 10 or more outstanding determinations and failure to pay within 45 days will result in a report being sent to the Secretary of State's office that the offender is eligible for license suspension. Such notice shall also inform the recipient that if 3 or more unpaid final determinations of liability are outstanding the Director or Chief of Police will be informed of the vehicle's eligibility for immobilization.
(Ord. 10-2770, passed 4-13-10; Am. Ord. 10-2786, passed 8-24-10)