The system of administrative adjudication of vehicular standing, parking, compliance regulation and automated traffic law violation(s) shall be in accordance with the following procedures, and final determination(s) of vehicular standing, parking, compliance regulation and automated traffic law violation(s) liability, validity of notice of impending impoundment, validity of notice of impending driver's license suspension, impoundment of vehicle and collections shall be made in accordance with the provisions set forth below:
A. Violation Notice: A vehicular standing, parking, compliance regulation and automated traffic law violation notice shall be issued by the person(s) authorized herein and shall contain information and shall be served, certified and have evidentiary admissibility as is hereinafter set forth.
B. Authorization: All full time, part time, auxiliary police and community service officers as well as other specifically appointed individuals shall have the authority to issue violation notices.
C. Detection Of Violations: Any individual authorized hereby to issue violation notices and who detects a violation authorized to be adjudicated by this chapter, shall issue a notice of violation thereof and shall make service thereof as is hereinafter set forth.
D. Notice Of Standing, Parking Or Compliance Violation To Contain: The vehicular standing, parking, or compliance regulation violation notice shall contain, but shall not be limited to, the following information:
1. The date, time and place of the violation (date of issuance).
2. The particular vehicular standing, parking, or compliance regulation violated.
3. Vehicle make and state registration number.
4. The fine and any penalty which may be assessed for late payment.
5. The signature and identification number of the person issuing the notice.
6. A section entitled "request for hearing" which shall clearly set forth that the registered owner or lessee may request and appear at an initial administrative hearing to contest the validity of the violation notice by:
a. Checking or placing a mark in a space provided and clearly identified "request for hearing".
b. Placing his/her name and current address in the place provided.
c. Signing his/her name in the appropriate indicated place.
d. Filing the violation notice with the "request for hearing" portion fully completed and delivered to the traffic compliance officer postmarked within ten (10) days of the violation notice issuance. The request shall be deemed filed upon receipt by the traffic compliance officer.
7. That payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation.
8. A section entitled "nonresident request for hearing - nonappearance" which clearly sets forth that a nonresident registered owner or lessee may request and appear at an initial administrative hearing to contest the validity of the violation notice without personally appearing by:
a. Checking or placing a mark in a space provided and clearly identified "nonresident request for hearing - nonappearance".
b. Placing his/her name and current address in the place provided.
c. Signing his/her name in the appropriate indicated place.
d. Filing the violation notice with the "nonresident request for hearing - nonappearance" portion fully completed and delivered to the traffic compliance officer postmarked within ten (10) days of the violation notice issuance. The request shall be deemed filed upon receipt by the traffic compliance officer.
e. Filing a notarized statement of facts specifying the grounds for challenging the violation notice which must be filed with the traffic compliance officer postmarked within ten (10) days of the violation notice issuance. The request shall be deemed filed, if postmarked by the due dates herein specified.
f. A clearly marked statement that execution of the nonresident request for hearing is a waiver of the nonresident's right to a personal appearance and that the adjudication will be made based upon the notarized statement of facts submitted by the nonresident and the facts contained in the violation notice.
E. Notice Of Automated Traffic Law Violation To Contain:
1. The name and address of the registered owner or lessee of the vehicle, as indicated by the records of the Illinois 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;
2. The make (only if readily discernible and available) and registration number of the motor vehicle involved in the violation;
3. The violation charged/section(s) of the code alleged to have been violated;
4. The location where the violation occurred;
5. The date and time of the violation;
6. A copy of the recorded images and an explanation of how to access the images on the internet;
7. The amount of the civil penalty and the date by which the penalty should be paid (14 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;
8. 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;
9. The amount of the late fee;
10. A statement that the failure to pay by the date specified or to contest liability in a timely manner will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle;
11. A statement that the recorded images constitute prima facie evidence of a violation of a red light signal;
12. A statement that the person may elect to proceed by paying the fine or challenging the charge by mail or by administrative hearing;
13. A statement explaining how an administrative hearing may be requested; and
14. The identification number of the person issuing the notice.
F. Service Of The Notice: Service of the violation notice shall be made by the person issuing such notice by:
1. Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle; or
2. Handing the notice to the registered owner, operator or lessee of the vehicle, if present; or
3. For automated traffic law violations, by mailing the notice via U.S. mail to the address of the registered owner or lessee of the cited vehicle, as indicated by the records of the secretary of state, within thirty (30) days after the secretary of state notifies the village of the identity of the owner of the vehicle, but in no event later than ninety (90) days after the violation, or, if such information is outdated or unattainable, or if any notice to an address is returned as undeliverable, then by mailing the notice first class mail, postage prepaid, to the last known address of the owner or lessee of the cited vehicle recorded in a United States post office approved database. The village 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.
G. Facts: The correctness of facts contained in the vehicular standing, parking, or compliance regulation, or automated traffic law violation notice shall be certified by the person issuing said notice by:
1. Signing his/her name to the notice at the time of service; or
2. In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the traffic compliance officer, attesting to the correctness of all notices produced by the device while under his/her control; or
3. In the case of an automated traffic law violation, a technician employed by or contracted by the village must inspect the associated recorded images and determine whether the vehicle pictured was being operated in a manner that resulted in an automated traffic law violation and whether one of the defenses enumerated for such offenses is visibly applicable. In no case shall a violation notice issue without review and approval of a law enforcement officer or retired law enforcement officer of the village. Upon determining that a violation is apparent, and that no defense is visibly applicable, a violation notice may be issued.
H. Notice Retained: The original or a facsimile of the violation notice(s), recorded images, or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance officer and kept as a record in the ordinary course of business.
I. Prima Facie Evidence Of Correctness: Any violation notice(s) issued, signed and served in accordance herewith, or a copy of the notice, or the computer generated record, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice.
J. Admissibility: The violation notice(s) or a copy(ies) or computer generated record shall be admissible in any subsequent administrative or legal proceeding. (Ord. 10-2599, 11-22-2010)