Loading...
§ 77.05 ADDITIONAL NOTICES.
   Upon failure of the registered owner or lessee of the “cited vehicle” to appear at the administrative hearing indicated in the vehicular standing, parking, or compliance regulation violation(s) notice(s), or upon final determination of violation liability, the Traffic Compliance Administrator shall send or cause to be sent additional notices which:
   (A)   Shall be sent to the registered owner or lessee of the cited vehicle at the address as is recorded with the Secretary of State.
   (B)   Shall be sent to the lessee of the "cited vehicle" at the address last known to the lessor of the “cited vehicle” at the time of the lease.
   (C)   Shall be sent by first class mail, postage prepaid.
   (D)   Service of additional notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
   (E)   The additional notices sent in accordance herewith shall be in the following sequence and contain, but not be limited to, the following information:
      (1)   Upon the failure of the registered owner or lessee of the cited vehicle to appear at the hearing set forth in the vehicular standing, parking, or compliance regulation violation(s) notice(s), additional notice(s) shall be sent, as above set forth, and shall contain, but not be limited to the following information:
         (a)   Date and location of violation cited in the vehicular standing, parking, or compliance regulation violation(s) notice(s).
         (b)   Particular standing, parking, or compliance regulation violated.
         (c)   Vehicle make and state registration.
         (d)   Fine and any penalty that may be assessed for late payment.
         (e)   Notice to the registered owner or lessee of their current status, other than paid in full.
         (f)   Date, time and place of the administrative hearing at which the alleged violation may be contested on its merits.
         (g)   Statement that failure to either pay fine and any applicable penalty or failure to appear at the hearing on its merits on the date and at the time and place specified, will result in a final determination of vehicle standing, parking, or compliance regulation violation(s) liability for the “cited” violation in the amount of the fine and penalty indicated.
         (h)   Statement that upon the occurrence of a final determination of vehicular standing, parking, or compliance violation(s) liability for the failure, and the exhaustion of, or the failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the county.
      (2)   A notice of final determination of vehicular standing, parking, or compliance regulation violation(s) liability shall be sent following an appearance by the violator and a determination of liability, or the failure to appear by the violator by the third and final hearing date upon conclusion of any administrative and/or judicial review, as is hereinafter set forth, and the notice shall contain but not be limited to the following information and warnings:
         (a)   A statement that the unpaid fine and any penalty assessed is a debt due and owing the county.
         (b)   A warning that failure to pay the fine and any penalty due and owing the county within the time specified may result in the county's filing a complaint in the Circuit Court to have the unpaid fine or penalty rendered a judgment in accordance with ILCS Ch. 625, Act 5, Art. § 11-208.3(f), incorporated herein by reference.
         (c)   A warning that the vehicle owned by the person and located within the county may be impounded for failure to pay fines or penalties for ten or more vehicular standing, parking, or compliance regulation violations.
         (d)   A warning that the person's drivers license may be suspended for failure to pay fines or penalties for ten or more vehicular standing or parking violations under ILCS 625, Act 5, Art. § 6-306.5, incorporated herein by reference.
      (2)   A notice of impending suspension of a person's driver's license shall be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on ten or more vehicular standing or parking regulation violation(s):
         (a)   The notice shall state that the failure to pay the fine or penalty owing within 45 days of the date of the notice will result in the county notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under ILCS 625, Act 5, Art. § 6-306.5 incorporated herein by reference.
         (b)   The notice of impending driver's license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State.
(Ord. No. 94-16. 8-2-94)
§ 77.06 FINAL DETERMINATION OF LIABILITY.
   A final determination of vehicular standing, parking, or compliance regulation violation(s) liability shall:
   (A)   Occur following the failure to pay the total assessed fine or penalty after the Hearing Officer's determination of vehicular standing, parking, or compliance regulation violation(s) liability and the exhaustion of or the failure to exhaust any administrative review procedures hereinafter set forth; or
   (B)   Where a person fails to appear at a prior hearing or by the third and final administrative hearing provided to contest the alleged violation(s) on the date and at the time and place specified in a prior served or mailed notice, the hearing officer's determination of vehicular standing, parking, or compliance regulation violation(s) liability shall become final:
      (1)   Upon denial of a timely petition to set aside that determination; or
      (2)   Upon the expiration of the period for filing petition without a filing having been made.
(Ord. 11-287, passed 8-18-2011)
§ 77.07 ADMINISTRATIVE REVIEW.
   A petition to set aside a determination of vehicular standing, parking, or compliance regulation violation(s) liability may be filed by a person owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth:
   (A)   A written petition to set aside a determination of liability must be filed in the office of the Traffic Compliance Administrator within, but not later than, 14 days from the date the determination of liability is made.
   (B)   The traffic compliance administrator shall act upon the petition(s) timely filed and render a decision thereon within 14 days of the date filed.
   (C)   The grounds for setting aside a determination of liability shall be limited to the following:
      (1)   The person against whom the determination of liability is made was not the owner or lessee of the cited vehicle on the date the vehicular standing, parking, or compliance regulation violation(s) notice(s) was issued.
      (2)   The person's having paid the fine or penalty prior to the determination of liability for the violation(s) in question.
      (3)   Excusable failure to appear at or request a new date for a hearing.
   (D)   Should the determination of liability be set aside, the traffic compliance administrator shall:
      (1)   Notify the registered owner, or lessee, as the case may be, that the determination of liability has been set aside.
      (2)   Notify the registered owner, or lessee, as the case may be, of a date, time and place for a hearing on the merits of the violation for which determination of liability has been set aside.
      (3)   Notice of setting aside of the determination of liability and the notice of the hearing date shall be by first class mail, postage prepaid to the address set forth on the petition to set aside the determination of liability.
      (4)   Service of the notice(s) shall be complete on the date the notice(s) is deposited in the United States mail.
(Ord. 11-287, passed 8-18-2011)
§ 77.08 NONRESIDENT PROCEDURES.
   Non-residents of this county who have been served vehicular standing, parking, or compliance regulation violation(s) notice(s), in accordance with this chapter, may contest the alleged violation on its merits, as could a resident, or may contest the validity without personally appearing at an administrative hearing by:
   (A)   Completing, in full, the “Non-Resident Request for Hearing” section of the violation notice, served upon him or her pursuant to this chapter.
   (B)   Legibly signing the non-resident request for hearing in the space specified in the violation notice, and acknowledging that his or her personal appearance is waived and submitting to an adjudication based upon the notarized statement filed by him or her and the facts contained in the violation notice.
   (C)   Filing the violation notice with the “Request for Hearing” section fully completed with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator.
   (D)   Filing a notarized a statement of facts specifying the grounds for challenging the violation notice which must be filed with the Traffic Compliance Administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator. The acceptance of a "Non-Resident Request for Hearing" after the due date or with cause, at the discretion of the Traffic Compliance Administrator, be accepted for hearing consideration and decision.
   (E)   The hearing officer shall make an adjudication based upon the facts set forth in the notarized statement of facts filed by the nonresident as is contained in the violation notice.
   (F)   Notice of the detenuination of the hearing officer shall be served upon the nonresident by first class mad, postage prepaid, addressed to the nonresident at the address set forth in the statement of facts submitted.
   (G)   Service of the notice shall be complete on the date the notice is placed in the United States mail.
   (H)   All other provisions of this chapter shall apply equally to nonresidents of this county.
(Ord. 11-287, passed 8-18-2011)
§ 77.09 CERTIFIED REPORT AND CONTESTING CERTIFIED REPORT.
   (A)   Upon a failure to pay fines and penalties deemed due and owing the County after the exhaustion of administrative procedures set forth herein for ten or more vehicular parking regulation violations, the traffic compliance administrator shall make a certified report to the Secretary of State stating that the owner of a registered vehicle has failed to pay any fine or penalty due and owing the county as a result of tenor more violations of county vehicular standing or parking regulations and thereby cause the suspension of that person's driver's license.
   (B)   The traffic compliance administrator shall take no further action unless and until the fines and penalties due and owing the county are paid or upon determination that the inclusion of the person's name on the certified report was in error. At such time, the traffic compliance administrator shall submit to the Secretary of State a notification which shall result in the halting of a driver's license suspension proceedings. The person named therein shall receive a certified copy of such notification upon request and at no charge.
   (C)   Persons may challenge the accuracy of the certified report by completing a form provided by the office of the traffic compliance administrator. The form shall specify the grounds on which such challenge is based. Grounds for challenge shall be limited to the following:
      (1)   The person was neither the owner nor the lessee of the vehicle so receiving ten or more violation notices on the date or dates such notices were issued; or
      (2)   The person has paid the fine and/or penalty for the ten or more violations indicated on the certified report.
      (3)   The traffic compliance administrator shall render a determination within 14 business days of receipt of the objection form and shall notify the objector of the determination.
(Ord. 11-287, passed 8-18-2011)
§ 77.10 IMMOBILIZATION/TOWING AND IMPOUNDMENT.
   (A)   Any motor vehicle whose registered owner has been determined to be liable for ten or more vehicular standing, parking, or compliance regulation violation(s), for which the fines or penalties assessed remain unpaid, may be immobilized or towed and impounded if:
      (1)   The traffic compliance administrator has determined that a person has been determined to be liable for five or more vehicular standing, parking, or compliance regulation violation(s), the fines or penalties for which remain unpaid.
      (2)   The person determined to be liable for five or more violations is the registered owner of a motor vehicle located within the county geographical boundaries.
      (3)   A pre-towing notice has been sent to the registered owner of the motor vehicle located within the geographical boundaries of the county which contains, but shall not be limited to, the following:
         (a)   A final determination has been made on five or more vehicular standing, parking, or compliance regulation violations, the fines and penalties of which remain unpaid.
         (b)   A listing of the violations for which the person has been determined to be liable, which shall include for each violation:
            1.   The vehicular standing, parking, or compliance regulation violation notice number.
            2.   Date of issuance.
            3.   Total amount of fines and penalties assessed.
         (c)   The motor vehicle(s) owned by the person and located within the county is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within 14 days of the date of the notice.
         (d)   The registered owner may contest the validity of the notice by fully completing and signing the request for hearing portion of one notice and by filing the request for hearing with the Traffic Compliance Administrator within, but not later than, 14 days of the date of the notice. The request for hearing shall be deemed filed upon receipt by the Traffic Compliance Administrator.
      (4)   The motor vehicle(s) of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice, and no timely request for hearing has been filed with the Traffic Compliance Administrator to contest the validity of the notice.
      (5)   Upon the receipt of the request for hearing to contest the validity of the notice of impending immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing to contest the validity of said notice, by disproving liability for the unpaid final determinations of parking, standing, or compliance violation liability listed on the notice, on the next available hearing date, but in no case shall the hearing be scheduled later than 60 days after the request for hearing is filed.
      (a)   The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner.
      (b)   Notice shall be sent by first class mail, postage prepaid, to the address as is set forth on the request for hearing.
      (c)   Service of the notice shall be complete on the date it is placed in the United States mail.
   (B)   The registered owner of a vehicle(s) immobilized or towed and impounded under this section shall have the right to a prompt administrative hearing without the requirement of payment of outstanding fines and penalties for which final determination has been made.
      (1)   The Traffic Compliance Administrator shall serve a post-towing notice upon the registered owner of a vehicle immobilized or towed and impounded under this section which notice shall contain, but not be limited to, the following information:
         (a)   Date of immobilization or towing and date of impoundment.
         (b)   Location of vehicle.
         (c)   That the vehicle was immobilized under this section for nonpayment of fines or penalties assessed for the violation of five or more violations of vehicular standing, parking, or compliance regulation) for which the registered owner has been determined liable and notified of impending immobilization or towing and impoundment.
         (d)   Date of notice of impending immobilization or towing and impoundment.
         (e)   That the registered owner may contest the validity of the immobilization or towing and impoundment by completing and signing the request for hearing portion of the notice and filing the request for hearing with the Traffic Compliance Administrator within, but not later than, 14 days of the date of the notice which shall be deemed filed upon receipt by the Traffic Compliance Administrator.
      (2)   Upon the receipt of the request for hearing to contest the validity of the immobilization or towing and impoundment, the Traffic Compliance Administrator shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next available hearing date or sooner if scheduled by the Traffic Compliance Administrator for good cause shown, but in no case shall the hearing be scheduled later than 60 days after the request for hearing is filed.
         (a)   The Traffic Compliance Administrator shall serve notice of the hearing date upon the registered owner.
         (b)   Notice shall be sent by first class mail, postage prepaid, to the address as is set forth on the request for hearing.
         (c)   Service of the notice shall be complete on the date it is placed in the United States mail.
      (3)   An order entered after the hearing to contest the validity of the immobilization or towing and impoundment is a final administrative decision within the meaning of ILCS Ch. 735 Act 5, Art. §§ 3-101 et seq., incorporated herein by reference.
   (C)   A vehicle immobilized or impounded pursuant to this section shall be released to the registered owner thereof, or his agent, upon payment of the fines and penalties due and owing the county as specified in the notice sent in accordance with division (A)(3), and upon payment of a fee of $50 for the installation and removal of an immobilization device, if any, and upon payment of towing charges and accrued daily impound charges, if any, or upon order of the hearing officer following the hearing contesting the validity of the impoundment.
   (D)   The Traffic Compliance Administrator shall appoint or retain the services of an individual agency or company to tow and impound vehicles in accordance herewith, provided:
      (1)   The individual, agency or company is fully licensed according to local and State law.
      (2)   The individual, agency or company is fully insured.
(Ord. 11-287, passed 8-18-2011)
§ 77.11 JUDICIAL REVIEW.
   Judicial review of final determinations of vehicular standing, parking, or compliance regulation violation(s) and final administrative decisions issued after hearing(s) regarding vehicle immobilization or towing and impoundment made under this Section shall be subject to the provisions of the Administrative Review Law as is set forth in ILCS Ch. 735 Act 5, §§ 3-101 et seq., incorporated herein by reference.
(Ord. 11-287, passed 8-18-2011)
§ 77.12 DEBT TO COUNTY.
   Any fine, penalty or part of any fine or any penalty assessed in accordance with the provisions of this chapter and remaining unpaid after the exhaustion of, or the failure to exhaust, administrative remedies created under this chapter and the conclusion of any judicial review procedures, shall be a debt due and owing the county and, as such, may be collected in accordance with the applicable law. Payment in full of any fine or penalty resulting from a standing, parking, or compliance violation shall constitute a final disposition of that violation.
(Ord. 11-287, passed 8-18-2011)
Loading...