The system of administrative adjudication of vehicular standing, parking, and compliance regulation violations shall be in accordance with the following procedures and final determinations of liability of vehicular standing, parking, and compliance regulation violations, validity of notice of impending impoundment, validity of notice of impending driver's license suspension, impoundment of vehicle and collections shall be made only in accordance with the provisions set forth below:
A. Authorization: All full time city police officers, auxiliary police officers, community service officers, parking enforcement officers, and other specifically appointed individuals shall have the authority to issue violation notices.
B. Violation Notice: A vehicular standing, parking, and compliance regulation violation notice ("violation notice") 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.
C. Detection Of Violations: Any individual authorized to issue a violation notice pursuant to this chapter who detects a violation of any applicable provision of this code shall issue and serve a notice of violation as set forth in this chapter.
D. Contents Of Violation Notice: The vehicular standing, parking, and compliance regulation violation notice shall contain, but shall not be limited to, the following information:
1. The date, time and place of the violation.
2. The particular vehicular standing, parking, or compliance regulation violated.
3. The vehicle make and state registration number.
4. The fine and any penalty which may be assessed for late payment.
5. The identification number of the person issuing the notice and his or her signature which shall certify the correctness of the specified information as provided in section 11-208.3 of the Illinois vehicle code, as amended.
6. Information as to the availability of an administrative hearing at which the registered owner or lessee may appear in person and contest the violation notice on its merits and the time and manner in which such hearing may be had.
7. The date, time, and place of an administrative hearing at which the violation may be contested on its merits or a statement the person will be notified of a hearing time.
8. Payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation.
9. Information as to the availability for an adjudication by mail by which the registered owner or lessee may contest by mail without personally appearing the merits of the violation notice and the manner in which such contest by mail may be had.
E. Service Of Violation Notices: Service of the violation notices shall be made by the person issuing such notice by either:
1. Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle.
2. Handing the notice to the registered owner, operator or lessee of the vehicle, if present.
F. Certification Of Facts Alleged In Violation Notice: The correctness of facts contained in the vehicular standing, parking, or compliance regulation violation notices shall be certified by the person issuing said notice by either:
1. Signing his or her name to the notices at the time of service.
2. Signing a single certificate, to be retained by the traffic compliance administrator, attesting to the correctness of all notices produced by the device while under his/her control when the violation notice is produced by a computer device.
G. Retention Of Violation Notices: The original or a facsimile of the violation notices shall be retained by the traffic compliance administrator and kept as a record in the ordinary course of business.
H. Prima Facie Evidence Of Correctness: Any violation notices issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice.
I. Admissibility: The violation notices or copies shall be admissible in any subsequent administrative or legal proceeding.
J. Action Upon Receiving Violation Notice: A person to whom a parking or compliance violation notice has been served pursuant to this section shall within twenty one (21) days from the date of the parking or compliance violation notice: 1) pay the indicated fine; or 2) submit the materials set forth in section 6-8-10 of this chapter to obtain an adjudication by mail; or 3) request an administrative hearing as set forth in section 6-8-6 of this chapter to contest the charged violation. A response by mail shall be deemed timely if postmarked within twenty one (21) days of the issuance of the parking or compliance violation notice.
Where a respondent who has requested an administrative hearing either fails to pay the indicated fine prior to the hearing or appear at a hearing, a determination of parking or compliance liability, as the case may be, shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within twenty one (21) days of issuance of a determination of liability will result in the imposition of a late payment penalty pursuant to section 6-8-11 of this chapter. Upon the occurrence of a final determination of liability, any unpaid fine or penalty will constitute a debt due and owing the city. The respondent shall be served with a notice of the final determination of liability in accordance with section 6-8-8 of this chapter.
M. Second Notice Of Violation: If no response is made in accordance with subsection J of this section, the city traffic compliance administrator shall cause a second notice of violation to be sent to the respondent in accordance with subsection O of this section. The notice shall specify the date and location of the violation, the make and state registration number of the cited vehicle, the code provision violated, the applicable fine, and the time and manner in which the respondent may obtain an adjudication by mail or appear at the scheduled hearing to contest the violation.
If the respondent fails to pay the indicated fine or submit documentary evidence to obtain an adjudication by mail within twenty one (21) days from the date of such notice, or prove compliance as provided in subsection 6-8-6D6 of this chapter, or appear at the scheduled hearing, a determination of liability shall be entered in the amount of the fine indicated in the notice of violation. Failure to pay the fine within twenty one (21) days of issuance of the determination of liability will result in the imposition of a late payment penalty pursuant to subsection N of this section. Upon the occurrence of a final determination of liability, any unpaid fine or penalty will constitute a debt due and owing the city. The second notice of violation shall provide the above information.
N. Late Payment Penalties: Failure by any respondent to pay the fine for a parking or compliance violation within twenty one (21) days of the issuance of the determination of liability will automatically subject the respondent to a penalty for late payment in accordance with section 6-8-11 of this chapter.
O. Notices: The city traffic compliance administrator shall serve the notice of hearing, the second notice of violation, the administrative law officer's determination, the notice of final determination of liability, the notice of impending vehicle immobilization and the notice of impending driver's license suspension, where applicable, by first class mail, postage prepaid, to the address of the registered owner of the city vehicle as recorded with the secretary of state of Illinois. If the vehicle is registered in a state other than Illinois, the city traffic compliance administrator shall send the appropriate notice to the address of the registered owner as recorded in such other state's registry of motor vehicles. (Ord. 2015.53, 4-18-2016)