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(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)
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)
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)
(A) The traffic compliance administrator shall, following the expiration of the period within which administrative or judicial review may be sought for a final determination of violation, take all necessary action(s), execute all required documents and appoint or retain any individual or agency deemed appropriate to obtain a judgment against and collect monies from the person(s) who has been assessed fines or penalties which remain unpaid and have become a debt due and owing the county in accordance with the provisions of this chapter and ILCS Ch. 625 Act 5 §§ 11-208.3 by:
(1) Filing a complaint in the circuit court praying for the entry of a judgment against the person for whom a final determination of standing, parking, or compliance regulation violation(s) liability has been made.
(2) The complaint filed by the traffic compliance administrator or individual or agency on behalf of the County seeking entry of a judgment against an individual for unpaid fines and/or penalties pursuant to a final determination of standing, parking, or compliance regulation violation(s) shall have appended:
(a) A certified copy of the final determination of the standing, parking, or compliance regulation violation(s).
(b) A certification that recites facts sufficient to show that the final determination of standing, parking, or compliance regulation violation(s) was issued in accordance with this chapter and ILCS Ch. 625, Act 5 § 11-208.3.
(3) Nothing shall prevent the county from consolidating multiple final determinations of standing, parking, or compliance regulation violation(s) liability in an action in the circuit court against an individual.
(4) Pursuing all available remedies, allowed by law, to collect money judgments.
(B) Service of summons and a copy of the complaint may be served upon the person against whom a judgment is sought under the provisions of this chapter by any method provided under ILCS Ch. 735 Act 5, § 2-203, incorporated by reference, or by certified mail, return receipt requested, provided the total amount of fines and penalties for final determination of standing, parking, or compliance regulation violation(s) does not exceed $2,500.00.
(Ord. 11-287, passed 8-18-2011)
(A) The fines and penalties which shall be imposed for the violation of vehicular standing, parking, or compliance regulation violation(s) shall be as follows, plus the administrative fee:
(a) If the fine is paid within 14 days after the issuance of the citation, the fine shall be $35.
(b) If the fine is not paid within fourteen 14 days after the issuance of the citation, the violation shall be sent through the Administrative Adjudication process.
(2) For a violation of §§ 74.11, the fine shall be not less than $250, plus all administrative fees.
(a) If the fine is paid within 14 days of issuance of the citation, the fine shall be $250 plus the cost of removal and storage of the vehicle.
(b) If the fine is not paid within 14 days after the issuance of the citation, the violation shall be sent through the Administrative Adjudication process.
(a) If the fine is paid within 14 days of issuance of the citation, the fine shall be $50.
(b) If the fine is not paid within 14 days of issuance of the citation, the violation shall be sent through the Administrative Adjudication process.
(B) The fines and penalties herein set forth shall be uniformly applied for each violation of any applicable county ordinance.
(C) The county adopts by reference all current and future local standing, parking or condition of vehicle ordinances, and those provisions of the Illinois Compiled Statutes governing the standing, parking, or condition of vehicles, for its enforcement and adjudication within the geographical boundaries of the county and in those areas subject to off-street parking agreements.
(D) Any fine or penalty amount imposed in accordance with the schedule in division (A) of this section, by a hearing officer upon a determination of liability for violation of vehicle regulations pursuant to the requirements of § 77.04, shall include an additional administrative fee of $25 for each violation that is upheld at a hearing.
(Ord. 11-287, passed 8-18-2011)