(A) (1) When a person has failed to pay any fine or penalty due and owing pursuant to this chapter on ten or more parking violations, the Code Administrator shall cause a notice of impending driver's license suspension to be sent in the form required by the Secretary of State.
(2) The notice shall state that failure to pay the amount owing within 45 days of the date of the notice will result in the village’s notifying the Secretary of State that the person is eligible for initiation of suspension proceedings pursuant to the Illinois Vehicle Code.
(B) (1) If a person sent a notice pursuant to division (A) fails to pay the amount owing within the time stated on the notice, the Code Administrator may file a certified report with the Secretary of State, in accordance with the Illinois Vehicle Code, that the person is eligible for initiation of suspension proceedings.
(2) The Code Administrator shall assess a $20 filing fee against the person named in the certified report to reimburse the village for the expense of preparing and filing the certified report with the Secretary of State.
(C) (1) A person named in a certified report filed pursuant to division (B) may, within 21 days of the date of the notice sent by the Secretary of State pursuant to the Illinois Vehicle Code, file with the Code Administrator a written statement and supporting documentation to challenge the report; provided, however, the grounds for such challenge shall be limited to:
(a) The person not having been the owner or lessee of the vehicle or vehicles receiving ten or more parking violations notices on the date or dates such notices were issued;
(b) The person having already paid the fine and penalty for the ten or more violations indicated on the report; or
(c) The person not having accumulated ten or more final determinations of parking violation liability.
(2) The Code Administrator shall send notice of the decision on the challenge of the report after receipt thereof.
(D) (1) If a person named in a certified report has paid the previously reported fine or penalty, or if the report is determined by the Code Administrator to be in error, the Code Administrator shall notify the Secretary of State in accordance with the Illinois Vehicle Code.
(2) A certified copy of such notification shall be given, upon request and at no charge, to the person named therein.
(E) An administrative hearing to contest an impending suspension or suspension may be had, upon filing a written request with the Secretary of State.
(1) Such hearing shall not be a forum to re-adjudicate or collaterally attack the findings of fact and law issued by the Hearing Officer.
(2) The filing fee for this hearing shall be $20, to be paid at the time the request is made.
(3) The village shall reimburse the Secretary of State for all reasonable costs incurred by the Secretary as a result of filing a certified report, including, but not limited to, the costs of providing the required notice, and the costs incurred by the Secretary in any hearing conducted with respect to the report and any appeal from such a hearing.
(Ord. 2004-16, passed 3-1-04)