A petition to set aside a determination of vehicular regulation violation liability may be filed by a person due and owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth:
(A) A written petition to set aside a determination of liability must be filed at the Village within, but not later than, 14 days from the date the determination of liability is made. Such a petition may only be filed by a respondent who was found in default for failure to appear.
(B) The Hearing Officer shall act upon those petitions timely filed and render a decision thereon.
(C) The grounds for setting aside a determination of liability shall be limited to the following:
(1) The person against whom the determination of liability is made was not the registered owner, operator or lessee of the "cited vehicle" on the date the vehicular regulation violation notice was issued;
(2) The person has paid the fine or penalty prior to the determination of liability for the violation(s) in question; or
(3) Excusable failure to appear at or request a new date for a hearing.
(D) Should the determination of liability be set aside, the Village shall:
(1) Notify the registered owner, operator or lessee, as the case may be, that the determination of liability has been set aside.
(2) Notify the registered owner, operator or lessee, as the case may be, of a date, time and place for a hearing on the merits of the violation for which determination of liability has been set aside.
(3) The notice referenced in subsection (1) and (2) above shall be sent by first class mail, postage prepaid to the address set forth on the petition to set aside the determination of liability.
(4) Service of the notices shall be complete on the date the notices are deposited in the United States mail.
(E) Should the determination of liability not be set aside, the Village, shall:
(1) Notify the registered owner, operator or lessee, as the case may be, that the determination has not been set aside and is now deemed to be a final determination reviewable by the Circuit Court under the Administrative Review Law upon filing a lawsuit with the Circuit Court within 35 days of receipt of the notice.
(Ord. 10-2770, passed 4-13-10)