A. Issuance Of Violation Notices:
1. Violation notice of any ordinance violation shall be issued by the persons authorized under this code and shall contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth.
2. All full time, part time and auxiliary police officers as well as other specific individuals authorized by any village official or village department shall have the authority to issue violation notices.
3. Any individual authorized hereby to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this chapter or a violation of any section of any village ordinance, is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth.
B. Violation Notice Requirements:
1. The violation notice shall contain, but not be limited to, the following information:
a. The name and address of the party violating the ordinance, if known.
b. The date and time of the violation (date of issuance).
c. The type and nature of the violation and the ordinance violated.
d. Vehicle make and state registration number (if applicable).
e. The names of any witnesses to the violation.
f. The signature and identification number of the person issuing the notice.
g. The date and location of the adjudication hearing of ordinance violations which date shall be not less than sixteen (16) nor more than sixty (60) days after the date of the violation notice. The legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing.
h. The fine and penalty which may be assessed for late payment;
i. In the case of a violation pertaining to real property, the address of the property where the violation is observed; and,
j. If applicable to the violation in question, the amount of the fine that may be paid by a party upon a written admission of a violation and waiver of a hearing, which fine shall be no less than the minimum fine set by this code relative to the violation at issue.
2. The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
a. Signing his/her name to the notice at the time of issuance; or
b. In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the ordinance enforcement administrator, attesting to the correctness of all notices produced by the device while under his/her control.
3. Parties shall be served with process in a manner reasonably calculated to give them actual notice including, as appropriate, personal service of process upon a party or its employer or agent; service by mail at a party's address; or notice that is posted upon the property where the violation is found where the party is the owner or administrator of the property as follows:
a. The original or a facsimile of the violation notice shall be retained by the ordinance enforcement administrator where a docket number shall be stamped on all copies and a hearing date noted;
b. The notice shall be kept as a record in the ordinary course of business by the ordinance enforcement administrator and shall be a part of the hearing record;
c. One copy of the violation notice shall be returned to the person issuing the notice so that he or she may prepare evidence for presentation at the hearing on the date indicated;
d. One copy of the violation notice shall be served to the alleged violator along with a summons commanding the alleged violator to appear at the hearing;
e. In the case of a violation pertaining to real property, if the village has an ordinance requiring property owners, meaning the legal beneficial owner(s) of a structure, to register with it, service may be made on the owner by mailing the notice and summons to the property owner's address registered with the village;
f. In the case of a violation pertaining to real property, if the name of the property owner cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation notice form on the front door of the structure where the violation is found, not less than sixteen (16) days before the hearing is scheduled.
4. Any violation notice 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.
5. Notices issued in accordance with the automated traffic law enforcement system which records violations covered in the Illinois vehicle code, 625 Illinois Compiled Statutes 5/11-306, disregard a traffic control device or turn on red violations, shall be issued by the village or designated representative. Written notice of the violation shall be made to the registered owner or lessee of the vehicle by U.S. mail within thirty (30) days after the Illinois secretary of state makes notification of the identity of the registered owner or lessee of the vehicle, and in no event later than ninety (90) days following the violation. The village or designated representative shall only be required to notify a lessee if the leasing company/lessor provides the lessee's name by an affidavit and a copy of the lease within sixty (60) days of the notice's issuance. If the lessee information is not provided within sixty (60) days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, a second notice shall be sent to the last known address recorded in a United States post office approved database of the owner or lessee of the cited vehicle. An automated traffic law violation shall require a review of the associated recorded image by a traffic compliance administrator, who shall inspect the image and determine whether the motor vehicle was being operated in violation or whether a legitimate defense is visible. Upon determination that the recorded image captures a violation and that no defense applies, the notice of violation shall be served upon the registered vehicle owner in the manner provided above. The traffic compliance administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner of the vehicle. 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 provisions and shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established by law. The notice of violation shall be issued by the village or designated authority and shall include the following information:
a. 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 the United States post office approved database.
b. The make (only if discernable) and registration number of the motor vehicle involved in the violation.
c. Violation charged.
d. The location where the violation occurred.
e. Date and time of violation.
f. A copy of recorded images.
g. The amount of civil penalty and the date by which the penalty should be paid (21 days from the date of issuance), if a hearing is not requested, and a statement that the payment of the fine shall operate as a final disposition of the violation.
h. A statement that a failure to pay the civil penalty by the date noted may result in an additional late fee being assessed against the owner or lessee.
i. The amount of late fee.
j. A statement that failure to pay by the date specified will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle.
k. A statement that the recorded images constitute prima facie evidence of violation.
l. A statement that the person may elect to proceed by paying the fine or challenging the charge, by mail or by administrative hearing.
m. A statement of how an administrative hearing may be requested. (Ord. 07-52, 12-3-2007; amd. Ord. 08-41, 9-22-2008; Ord. 2019-03, 2-4-2019)