When the automated traffic law enforcement system records a motor vehicle entering an intersection in spite of a steady red or flashing red signal indication, in violation of section 11-306 of the Illinois vehicle code, or similar provisions of section 5-1-1 of this title, the duly appointed village official shall, for each violation recorded, issue a written notice of the violation to the registered owner or lessee of the vehicle as the alleged violator. The notice shall be delivered by first class mail, postage prepaid, 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, but in no event later than ninety (90) days after the violation. Prior to service of a notice of violation, the associated recorded image shall be reviewed by a technician employed or contracted by the village, who shall inspect the image and determine whether the motor vehicle violated section 11-306 of the Illinois vehicle code and/or similar provisions of section 5-1-1 of this title, and whether one of the defenses enumerated hereinafter is visibly applicable upon inspection of the recorded image. Upon determination that the recorded image captures a violation of one of the foregoing provisions and that no defense applies, the notice of violation shall be served upon the registered vehicle owner in the manner herein provided. The traffic compliance administrator or other duly appointed official shall retain a copy of all violation notices, recorded images and other correspondence mailed to the alleged violator. Each notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above noted statutory and local ordinance provisions and shall establish prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in section 5-8-5 of this chapter. Each notice of violation shall include the following:
A. 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owner or lessee of the vehicle, as indicated by the records of the secretary of state, or, if such information is outdated or unattainable, then the last known address recorded in a United States post office approved database;
B. The registration number of the motor vehicle involved in the violation;
C. The violation charged, with specific reference to that section of this code or Illinois vehicle code, allegedly violated;
D. The location where the violation occurred;
E. The date and time of the violation;
F. A copy of the recorded images;
G. The amount of the civil penalty imposed under section 5-8-6 of this chapter and the date by which the civil penalty shall be paid if liability for the violation is not going to be contested;
H. A statement that the recorded images are evidence of a violation of a red light signal violation or expired registration;
I. A warning that failure to either pay the civil penalty or request a hearing to contest liability within twenty one (21) days of the mailing of the notice of violation 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 other specified penalties for failing to appear at the hearing or pay the fine in advance of the hearing;
J. A statement that the registered owner or lessee of the vehicle may elect to proceed either by paying the fine stated in the notice of violation or by challenging the charge in an administrative hearing; and
K. 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) nor more than thirty (30) days from the mailing or other service of the notice of violation. (Ord. 2008-18, 7-17-2008)