The procedures for the system of administrative adjudication of vehicular standing, parking and condition of vehicles (compliance), violations of Title 8, Chapter 7 and Title 8, Chapter 8 of the Village Code shall be as follows:
(A) Violation Notice: A vehicular standing, parking and compliance regulation notice ("violation notice") shall be issued by the persons authorized by this Section and shall contain information and shall be served, certified and have evidentiary admissibility as is hereinafter set forth.
(B) Authorization: All full time or part time police officers, community service officers, and all code enforcement personnel shall have the authority to issue violation notices.
(C) Detection of Violations: Any individual authorized to issue a violation notice pursuant to this chapter who detects a violation of any standing, parking or compliance provision of this code shall issue and serve a notice of violation as set forth in this section.
(D) Contents of Violation Notice: The vehicular standing, parking, 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, compliance regulation violated;
3. The vehicle make and state registration number;
4. The fine and any penalty which may be assessed for late payments;
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 (625 ILCS 11-208.3), as amended;
6. Information as to the availability of an administrative hearing at which the registered owner or lessee of the motor vehicle 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 shall operate as a final disposition of the violation; and
9. Information as to the availability for a contest and adjudication by mail by which the registered owner or lessee of the motor vehicle may contest by mail, without personally appearing to contest 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:
1. Offering the original or a facsimile of the notice of violation to the unlawfully standing, parked or compliance violation vehicle;
2. Handing the Notice of Violation to the operator of the operator of a motor vehicle violating a parking, standing or compliance regulation; or
3. Mailing the notice of violation to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or lessor of the vehicle within thirty (30) days after the Secretary of State or lessor of the motor vehicle notifies the Village of the identity of the owner or lessee of the vehicle, but not later than ninety (90) days after the date of the violation, except that in the case of a lessee of a motor vehicle, service of the violation notice of a parking, standing or compliance violation may occur no later than two hundred ten (210) days after the violation.
(F) Certification of Facts Alleged in Violation Notice: The correctness of facts contained in the vehicular standing, parking, compliance regulation notices shall be certified by the person authorized to issue said notice by either:
1. Signing his or her name to the notices at the time of service; or
2. Signing a single certificate, to be retained by the Traffic Compliance Administrator or Ordinance Enforcement 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 notice shall be retained by the Traffic Compliance Administrator or Ordinance Enforcement Administrator and kept as a record in the ordinary course of business.
(H) Prima Facie Evidence of Correctness: 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.
(I) Admissibility: The violation notices or copies shall be admissible in any subsequent administrative or legal proceeding.
(J) Action Upon Receiving Violation Notice/Opportunity for Hearing: A person to whom a standing, parking, or compliance regulation violation notice has been served pursuant to this section, shall, within twenty-one (21) days from the date of the issuance of standing, parking or compliance violation notice:
1. Pay the indicated fine;
2. Submit the materials set forth in this section to obtain an adjudication by mail; or
3. Attend an administrative hearing as set forth in this section to contest the charged violation.
An administrative hearing date will be assigned at the time the notice of violation is issued. 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.
(K) Contest by Mail: If the respondent submits documentary evidence to contest by mail pursuant to this section, the respondent shall be served with a copy of the hearing officer's written determination of liability or non-liability.
(L) Administrative Hearing: If the respondent requests an administrative hearing to contest the merits of the standing, parking or compliance violation, the respondent shall be served with notice of the date, time and location of the hearing. The formal or technical rules of evidence shall not apply at the hearing.
When a respondent either fails to pay the indicated fine prior to the hearing, contest the violation by mail, or appear at a hearing, a determination of standing, 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 forty-two (42) days of issuance of a determination of liability will result in the imposition of a late payment penalty. Failure to pay the fine within sixty-two (62) days of a determination of liability shall result in the imposition of an additional late payment penalty. Upon the occurrence of a final determination of liability, any unpaid fine or penalty will constitute a debt due and owing the Village. The respondent shall be served with a notice of final determination of liability in accordance with this section.
(M) Second Notice of Parking, Standing, or Compliance Violation: In the event the first notice of violation was issued by affixing the original or facsimile of the notice to the unlawfully parked vehicle or by handing the notice to the operator, a second notice of standing, parking or compliance violation to be sent to the respondent in accordance with subsection (E) of this section. The second notice of violation shall specify the date and location of the violation, the make and State registration number of the cited vehicle, the Code provision violation, the applicable fine, and the time and manner in which the respondent may obtain an adjudication, in writing, or appear at the scheduled hearing to contest the violation.
The second notice of standing, parking or compliance violation shall also state that failure to pay the indicated fine and any applicable penalty, or to appear at a hearing or contest a vehicular standing, parking, or vehicle compliance violation in writing on the merits in the time and manner specified, will result in a default judgment and final determination of liability for the cited violation in the amount of the fine or penalty indicated, and that upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, or any unpaid fine or penalty, or both, will constitute a debt due and owing the Village.
The respondent shall have the option of avoiding an appearance at an administrative hearing by completing either of the following options at least twenty-one (21) days prior to the scheduled hearing date set forth in the second notice of standing, parking or compliance violation: 1) paying the fine and penalty amount; or 2) contest the violation notice as pursuant to subsection (J) or contest the violation notice in writing pursuant to subsection (K) of this Section. Payment of the fine is an admission of liability and will act as a final disposition of the violation.
(N) Notice of Final Determination of Liability. A notice of final determination of vehicular standing, parking, or vehicle compliance liability shall be sent following a determination of liability for the standing, parking or compliance violation and the conclusion of any administrative or judicial review, as is herein after set forth, and the notice shall contain, but not be limited to, the following information and warnings:
1. A statement that the unpaid fine or penalty, or both, is a debt due and owing the Village; and
2. A warning that failure to pay the fine or penalty due and owing the Village within twenty-one (21) days of the issuance of the final determination of liability may result in the filing of a petition in the Circuit Court to have the unpaid fine or penalty, or both, rendered a judgment as provided by this section.
(O) A final determination of vehicular standing and parking violation and vehicle compliance violation liability shall occur following the failure to pay the total assessed fine and penalty after the Administrative Hearing Officer's determination of liability and the exhaustion of or the failure to exhaust any judicial review procedures set forth in this section or the failure to file a petition to vacate a default judgment as set forth in section 1-15-15(P) of this Chapter.
The Administrative Hearing Officer's determination of liability of vehicular standing and parking violations and vehicle compliance violations made under this section, shall become final upon denial of a timely petition to vacate and/or set aside that determination, or upon expiration of the period for filing the petition to vacate without a filing have been made where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice.
(P) A petition to set aside a default judgment or determination of 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:
1. A written petition to set aside a default judgment or determination of liability must be filed with the Traffic Compliance Administrator or Ordinance Enforcement Administrator, c/o Village of Willowbrook Police Department, within, but not later than, twenty-one (21) days from the date the default judgment or determination of liability is made;
2. The Administrative Hearing Officer shall act upon a petition timely filed and render a decision thereon within thirty (30) days of the date filed;
3. The grounds for setting aside a determination of liability shall be limited to the following:
(a) 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 and parking violation or vehicle compliance violation notice was issued;
(b) The person has already paid the fine and any penalty; and
(c) Excusable failure to appear at or request a new date for a hearing.
4. Should the default judgment or determination of liability by the Administrative Hearing Officer be set aside, the Traffic Compliance Administrator or Ordinance Enforcement Administrator shall:
(a) Notify the registered owner, or lessee, as the case may be, that the default judgment or determination of liability has been set aside;
(b) Notify the registered owner, or lessee, as the case may be, of the date, time and place for a new hearing on the merits of the violation for which the default judgment or determination of liability has been set aside;
(c) Notice of setting aside of the default judgment or 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 default judgment or determination of liability; and
(d) Service of the notice shall be complete on the date the notices are deposited in the United States mail;
(Q) Contest by Mail Procedures: Persons who have been served standing, parking or compliance regulation notices, in accordance with this section, may contest the validity of the alleged violation without personally appearing at an administrative hearing by:
1. Contest by mail: Completing, in full, the "contest by mail" section of the violation notice, served upon him or her pursuant to this chapter.
2. Signature: Signing the "contest by mail" in the space specified in the violation notice, and acknowledging that his or her personal appearance is waived and submitting to adjudication based upon the signed statement and other supporting materials filed by him or her and the facts contained in the violation notice.
3. Filing materials: Filing by mail with the Traffic Compliance Administrator or Ordinance Enforcement Administrator postmarked within twenty-one (21) days of the violation notice issuance or within twenty-one (21) days of the date of the additional violation notice, the following materials: the violation notice with the "contest by mail" section fully completed; the full name, address and telephone number(s) of the respondent; the make, model and year of the vehicle, if applicable; any documentary evidence that rebuts the charge; and a written statement signed by the respondent setting forth facts relevant to establishing a defense to the charge.
4. Grounds for Review: A person charged with a parking, standing or compliance regulation violation may contest the charge by mail by asserting one or more defenses to the violation with appropriate evidence to support such defense(s).
5. Determination of Liability. Upon review of the materials submitted, the Administrative Hearing Officer shall make a determination of liability or non-liability. The Administrative Hearing Officer shall, upon a determination of liability, assess fines as authorized by this Code.
6. Notice of Determination: Notice of the determination of the hearing officer shall be served upon the person contesting a violation notice by mail by first class mail, postage prepaid, addressed to the person at the address set forth in the materials submitted.
7. Service of Notice: Service of the notice of determination shall be complete on the date the notice is placed in the United States mail.
(R) Penalties: The fines and penalties which shall be imposed for each violation of a vehicular standing, parking or compliance regulation violation shall be as set forth in Title 1, Chapter 4, Sections (G) 1 and (G) 13, as the case may be, of this Code. The fines and penalties for a violation of parking in a parking space reserved for persons with disabilities (handicapped parking) shall be not less than Three Hundred Fifty Dollars ($350.00).
1. Excluding penalties for violations of parking in a parking space reserved for persons with disabilities, failing to pay the indicated fine or attend a scheduled hearing and the exhaustion of or failure to exhaust any administrative review procedures shall result in the imposition of a late payment penalty fee(s) in addition to the fine as follows:
(a) Excluding only handicapped parking violations, if the fine is not paid within forty-two (42) days after a determination of liability, a late payment fee of Twenty-Five Dollars ($25.00) will be assessed and, if the fine remains unpaid after sixty-two (62) days after a determination of liability, an additional Twenty-Five Dollar ($25.00) late payment fee will be assessed.
(S) The Village of Willowbrook hereby adopts, by reference, all current and future amendments to the Illinois Vehicle Code (625 ILCS 5/1-100, et seq.) governing the standing, parking or condition of motor vehicles (compliance), for its enforcement and adjudication within the corporate boundaries of the Village and in those areas subject to off-street parking agreements and all current and future amendments to Article 1, Division 2.1 (65 ILCS 5/Art. 1 Div. 2.1) of the Illinois Municipal Code. (Ord. 23-O-26, 12-18-2023)