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A. Finding of Default. The Administrative Hearing Officer may enter a finding of default in the findings, decision and order, and may impose liability against the defendant, including the assessment of fines and administrative costs, in the following circumstances:
1. If at the time set for hearing, the defendant, or the defendant's attorney or agent of record, fails to appear, and the hearing was neither postponed by the Administrative Hearing Records Unit as provided in paragraph 8 of Section 2.72.060(B) of this chapter, nor continued by the Administrative Hearing Officer as provided in paragraph 8 of Section 2.72.050(C) of this chapter.
2. For parking citations, if the person named in a notice issued pursuant to paragraph 1 of Section 2.72.090 (D) of this chapter fails to pay or request a hearing prior to the date specified in the notice.
B. Notice of Default. A copy of the finding of default, which is a final determination, will be promptly served upon the defendant by first-class mail, postage prepaid, addressed to the defendant at the defendant's last known residence or place of business, to notify the defendant of the procedure for setting aside the finding of default and of the opportunity to appeal the finding of default to the Circuit Court of Cook County as provided in Section 2.72.150 of this chapter.
C. Petition to Set Aside Default. A written petition to set aside a finding of default may be filed by a person owing an unpaid fine or penalty assessed for a violation, and will be considered, in accordance with the following procedures:
1. The petition must be filed with the Administrative Hearing Officer not later than twenty-one (21) days from the date on which the finding of default was served; however, a defendant may file a petition to set aside the finding of default at any time, if such defendant establishes that the Village did not provide proper service of process.
2. Upon receiving a timely filed set aside petition, the Administrative Hearing Officer shall consider the grounds raised in the petition and enter an order granting or denying the petition.
3. The grounds for setting aside a finding of default are limited to the following circumstances:
a. If, on the date the Notice of Violation was issued, the person against whom the finding of default is made is not the owner or lessee of the cited vehicle, or is not the owner, tenant, or manager of the cited property;
b. If the person against whom the finding of default is made had paid the fine or penalty prior to the finding of default for the violation in question;
c. If the defendant establishes an excusable failure to appear at the hearing or to request a new date for any hearing; or
d. If the defendant establishes that the Village did not provide proper service of process.
C. Findings and Order on Petition to Set Aside Default. In the event the finding of default is set aside, the Administrative Hearing Officer will notify the defendant by first class mail, postage prepaid, to the address set forth in the petition, and service thereof shall be complete on the date the notice is deposited in the United States mail. The notice of findings on the petition shall contain all of the following:
1. A statement that the finding of default, as well as any related administrative costs, has been set aside.
2. Notice of the new date, time, and place for the hearing on the merits of the violation for which the finding of default has been set aside.
3. An order extinguishing any lien that may have been recorded for any debt that became due and owing the Village as a result of the vacated default.
(MC-2-2014, Added, 2/18/2014)