[HISTORY: Adopted by the City Council of the City of Crystal
Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-2-2010 by Ord. No. 6531]
A.
The purpose of this article is to provide for the administrative adjudication of violations of ordinances, define compliance violations, and regulate vehicular standing and parking within the City and to establish a fair and efficient system for the enforcement of such ordinances. The administrative adjudication system set forth in this article is established pursuant to Article 1, Division 2.1, of the Illinois Municipal Code[1] and 625 ILCS 5/11-208.3.
[1]
Editor's Note: See 65 ILCS 5/1-2.1 et seq.
B.
For the purpose of this article, "compliance violation" means a violation
of a municipal regulation governing the stopping, standing and parking
of a vehicle.
The City Manager shall appoint a City Traffic Compliance Administrator
who is authorized to:
A.
Operate and manage the system of administrative adjudication of vehicular
standing, parking and compliance violations;
B.
Adopt, distribute and process parking and compliance violation notices
and additional notices, and to collect money paid as fines and penalties
for violations of parking and compliance ordinances;
C.
Establish procedures necessary for the prompt, fair and efficient
operation of the administrative adjudication system;
D.
Certify copies of final determinations of violation liability and
factual reports, verifying that the final determination of violation
liability was issued in accordance with this article and ILCS 5/11-208.3;
E.
Direct and supervise a program of vehicle immobilization for the
purpose of enforcing the parking and compliance ordinances;
F.
Certify reports to the Secretary of State concerning initiation of
suspension of driver's licenses in accordance with the provisions
of this article and 625 ILCS 5/6-306.5; and
G.
Promulgate rules and regulations pertaining to the hearing process,
the content of forms and procedures, and the daily operation of the
administrative adjudication of parking and compliance violations program.
The City Manager shall appoint a hearing officer who shall be
empowered and is hereby authorized and directed to:
A.
Preside over the administrative hearings established herein, as the
adjudicator;
B.
Administer oaths;
C.
Issue subpoenas to secure the attendance of witnesses and production
of relevant papers or documentation;
D.
Hear testimony and accept evidence that is relevant to the existence
of the code violation;
E.
Assess fines and penalties for violations as established in this
code;
F.
Make final determinations of violation liability; and
G.
Provide for the accurate recordation of the administrative adjudication
system.
A.
Whenever any vehicle exhibits a compliance violation or is parked
in violation of any provision of the traffic code prohibiting or restricting
vehicular parking or standing, any person in whose name the vehicle
is registered with the Secretary of State of Illinois or such other
state's registry of motor vehicles shall be prima facie responsible
for the violation and subject to the penalty therefor. The City and
the police officer shall accurately record the state registration
number of the ticketed vehicle.
B.
Whenever any vehicle exhibits a compliance violation during operation
or is parked in violation of any provision of the traffic code prohibiting
or restricting vehicular parking or standing or regulating the condition
of a parked or standing vehicle, any police officer, community service
officer or other person designated by the Chief of Police observing
such violation may issue a parking or compliance violation notice,
as provided for in this code, and serve the notice on the owner of
the vehicle by handing it to the operator of the vehicle, if he is
present, or by affixing it to the vehicle in a conspicuous place.
C.
The issuer of the notice shall specify on the notice his/her identification
number, the particular parking or compliance ordinance allegedly violated,
the make and state registration number of the cited vehicle, and the
place, date and time of the alleged violation, the fine and any penalty
that may be assessed for late payment and shall certify the correctness
of the specified information by signing his/her name as provided in
625 ILCS 5/11-208.3, as amended.
D.
It shall be unlawful for any person, other than the owner of the
vehicle or his/her designee, to remove from a vehicle a parking or
compliance violation notice affixed pursuant to this article. The
fine for a first-time violation of this section shall be $150. Subsequent
violations shall be penalized by imposition of a fine of $300.
A.
Parking and compliance violation notices shall contain the information required under § 381-5B and C of this article. In addition, the notices shall state the applicable fine provided in this chapter or Chapter 248, the monetary penalty which shall be automatically assessed for late payment, that vehicle immobilization and driver's license suspension (if applicable) may be imposed if fines and penalties are not paid in full, that payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation, and information as to the availability of an administrative hearing in which the violation may be contested on its merits and the time and manner in which such hearing may be had.
B.
The City Traffic Compliance Administrator shall distribute parking
and compliance violation notices to all persons authorized to issue
parking and compliance violation notices.
C.
The City Traffic Compliance Administrator shall compile and maintain
complete and accurate records relating to all parking violation notices
issued pursuant to this article and the dispositions thereof. In addition,
the City Traffic Compliance Administrator shall make certified reports
to the Secretary of State pursuant to 625 ILCS 5/6-306.5.
A.
A person on whom a parking or compliance violation notice has been
served and prior to the 21st day shall either: 1) pay the indicated
fine; or 2) in the manner indicated on the notice, submit the materials
set forth in this article to obtain an adjudication by mail or on-line;
or 3) request an administrative hearing as set forth in this article
to contest the charged violation. A response by mail shall be deemed
timely if postmarked within 21 days of the issuance of the violation.
B.
If the respondent submits documentary evidence to obtain an adjudication
by mail or on-line pursuant to this article, the City Traffic Compliance
Administrator shall send the respondent a copy of the hearing officer's
determination in accordance with this article.
C.
If the respondent requests an administrative hearing to contest the
cited violations pursuant to this article, the City Traffic Compliance
Administrator shall notify the respondent in writing of the location
and time available for a hearing in accordance with this article.
A.
On the failure of the registered owner/operator of the cited vehicle
to pay the appropriate fine prior to the date noted on the violation
notice, or to request an adjudication by mail or on-line, or to request
a hearing, the Traffic Compliance Administrator shall send a second
notice of violation/hearing, which shall contain the following:
(1)
Date and location of violation cited in the violation notice;
(2)
Particular standing, parking or compliance regulation violated;
(3)
Vehicle make, state registration or driver's license number;
(4)
Fine and penalty assessed for late payment;
(5)
The time and manner in which a respondent may request a hearing to
contest the violation on its merits;
(6)
A statement that failure to pay the fine and applicable late penalty
within 21 days of the issuance of the late penalty or to request a
hearing on its merits within 21 days of the issuance of the late penalty
will result in a final determination of liability in the amount of
the fine and penalty indicated in compliance with 625 ILCS 5/11-208.3(b)(5)(i);
and
(7)
A statement that upon the occurrence of a final determination of
liability, and the exhaustion of; or the failure to exhaust, available
administrative and judicial procedures for review, any unpaid fine
or penalty will constitute a debt due and owing the City.
B.
Nothing in this section will preclude the City from sending a courtesy
notice prior to the issuance of the late penalty as a reminder of
the approaching due date for payment.
The City Traffic Compliance Administrator shall serve the second
notice of violation/hearing, the notice of final determination of
liability, the notice of impending vehicle immobilization and the
notice of impending driver's license suspension, where applicable,
by first class mail, postage prepaid, to the address of the registered
owner of the cited vehicle as recorded with the Secretary of State
or, if any notice to that address is returned as undeliverable, then
notice shall be sent to the last known address recorded in a United
States Post Office approved database. If the vehicle is registered
in a state other than Illinois, the City Traffic Compliance Administrator
shall send the appropriate notice to the address of the registered
owner as recorded in such other state's registry of motor vehicles.
If the vehicle is leased, then the City Traffic Compliance Administrator
shall send the appropriate notice to the lessee of the cited vehicle
at the last address known to the lessor of the cited vehicle at the
time of lease or, if any notice to that address is returned as undeliverable,
to the last known address recorded in a United States Post Office
approved database. The service shall be deemed complete as of the
date of deposit in the United States mail.
A person charged with a parking or compliance violation may
contest the charge through an adjudication by mail, on-line or at
any administrative hearing, limited to one or more of the following
grounds, and must include appropriate evidence to support that:
A.
The respondent was not the owner or lessee of the cited vehicle at
the time of the violation;
B.
The cited vehicle or its state registration plates were stolen at
the time the violation occurred;
C.
The facts alleged in the parking or compliance violation notice are
inconsistent or do not support a finding that the specified ordinance
was violated; and
D.
The illegal condition described in the compliance violation did not
exist at the time the notice was issued.
A.
Administrative hearings to review materials submitted for the adjudication
by mail or on-line of parking and compliance violations cited pursuant
to this article shall be held by a hearing officer appointed by the
City Manager and conducted in accordance with this section.
B.
The respondent may contest a parking or compliance violation based
on one or more of the grounds provided in this article, by mailing
or providing on-line to the Police Department the following materials
and information: the notice of violation, the full name, address and
telephone number(s) of the respondent; the make, model and year of
the vehicle; 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. A photocopy of any documentary
evidence submitted by any party shall be accepted as the equivalent
of the original document.
C.
No violation may be established except upon proof by a preponderance
of the evidence; provided, however, that a parking or compliance violation
notice, or a copy thereof, issued in accordance with this article
shall be prima facie evidence of the correctness of the facts specified
therein.
D.
Upon review of the materials submitted in accordance with this section,
the hearing officer shall enter a determination of no liability or
of liability and the amount of the fine. Upon issuance, such determination
shall constitute a final determination for purposes of judicial review
under the Administrative Review Law of Illinois.[1]
[1]
Editor's Note: See 735 ILCS 5/3-101 et seq.
A.
Administrative hearings for the adjudication of parking and compliance
violations issued pursuant to this article shall be held before a
hearing officer appointed by the City Manager and conducted in accordance
with this section.
B.
Respondents who have failed to request a hearing within 21 days of
the issuance of the second notice will result in a final determination
of liability in the amount of the fine and penalty indicated.
C.
The respondent may appear pro se or, at his own expense, by an attorney.
An attorney who appears on behalf of any person shall file with the
hearing officer written appearance on a form provided by the City
Traffic Compliance Administrator for such purpose.
D.
The formal and technical rules of evidence shall not apply in the
conduct of the hearing.
E.
All testimony shall be given under oath or affirmation, which shall
be administered by the hearing officer. The hearing officer may issue
subpoenas to secure the attendance and testimony of witnesses and
the production of relevant documents; provided, however, that a respondent
who appears by an attorney shall not be compelled to attend the hearing
and may submit his testimony, if any, by affidavit. In addition, witnesses
who have not been subpoenaed to attend the hearing may submit their
testimony, if any, by affidavit.
F.
No violation may be established except upon proof by a preponderance
of the evidence; provided, however, that a parking or compliance violation
notice, or a copy thereof, issued and signed in accordance with this
article shall be prima facie evidence of the correctness of the facts
specified therein.
G.
The hearing officer may, on a showing of good cause, grant one continuance
to a date certain.
H.
The City Traffic Compliance Administrator shall cause a record to
be made of each hearing, and recording devices may be used for such
purpose.
A.
Upon conclusion of a requested hearing under this article, the hearing
officer shall issue a determination of no liability or of liability
in the amount of the fine for the relevant violation as provided in
this article.
B.
If a person fails to respond to the violation notice and the second
notice of violation, or fails to request a hearing within 21 days
of the issuance of the late penalty, or has requested an administrative
hearing and fails to appear, a determination of liability shall be
entered against the respondent pursuant to this article. Such determination
shall become final for purposes of judicial review under the Administrative
Review Law of Illinois upon the denial or the expiration of the time
in which to file a timely petition to set aside the determination
as provided in this article.
C.
Within 21 days from the issuance of a determination of liability
pursuant to this article, the person against whom the determination
was entered may petition by submitting a written request to the City
Traffic Compliance Administrator to set aside the determination; provided,
however, the grounds for the petition shall be limited to: 1) the
person not having been the owner or lessee of the cited vehicle on
the date the parking violation notice was first issued; 2) the person
having already paid the fine or penalty for the parking violation
in question; or 3) excusable failure, based upon criteria established
by the hearing officer, to appear at or request a new date for a hearing.
The City Traffic Compliance Administrator shall set a hearing date
and provide written notice of that date to the petitioner.
A final determination of violation liability shall occur following
failure to pay the fine and/or penalty, and the exhaustion of or failure
to exhaust any administrative review procedures, including denial
of a timely petition to set aside or failing to file the set-aside
petition within 21 days of the determination.
A.
If any fine or penalty is owing and unpaid after a determination of liability under this article has become final, and the respondent has exhausted or failed to exhaust judicial procedures for review, the City Traffic Compliance Administrator shall cause a notice of final determination of liability to be sent to the respondent in accordance with noticing procedures specified in § 381-9.
B.
Any fine and penalty, if applicable, remaining unpaid after the notice
of final determination of liability is sent shall constitute a debt
due and owing the City, which may be enforced in any legal manner
consistent with 625 ILCS 5/11-208.3. Failure of the respondent to
pay such fine or penalty may result in:
A program of vehicle immobilization shall be instituted and
implemented through the Office of the Chief of Police, whereby eligible
vehicles shall be immobilized by the placement of a restraint in a
manner so as to prevent their operation. A vehicle shall be eligible
for immobilization under the following criteria:
A.
The registered owner of the motor vehicle has accumulated five or
more violation notices pursuant to this article for which no payments
in the amounts specified by the City ordinances have been made for
which final determination has been entered; and
B.
The motor vehicle is in a public location, not on the private property
of the owner of the motor vehicle.
A.
Each violation notice and any written notice sent to every registered
owner shall contain information advising the owner of the notice of
eligibility for immobilization in the event the violations that are
in final determination status are not paid.
B.
Written notice of eligibility for immobilization shall be sent at least 14 days prior to placing the registration plate number on the eligibility list. Notice shall be sent in accordance with § 381-9 above.
C.
The notice shall list the name and address of the registered owner,
the state registration number of the motor vehicle, the nature of
the ordinances violated and the serial numbers and issue dates of
the complaints referred to in this article.
D.
The notice shall advise that a person may challenge the validity
of the notice of eligibility for immobilization as set forth in this
article.
A challenge of the validity of the notice of eligibility for
immobilization must be submitted in writing to the City Traffic Compliance
Administrator prior to the motor vehicle being placed on the eligibility
list. In such cases, upon a request for hearing, the motor vehicle's
eligibility shall be suspended until after the outcome of the hearing.
The challenge shall only be based on grounds which would conclusively
disprove liability, such as:
A.
The person was not the owner or lessee of the motor vehicle on the
date or dates the violation notice(s) was or were issued; or
B.
The fines or penalties for the unpaid final determinations of violation
liability listed on the notice were paid; or
C.
The registered owner has not accumulated five or more parking violations
which are unpaid and in final determination status or not adjudicated.
A hearing shall be held before a hearing officer designated
by the City Manager within 31 days after receipt of the challenge.
Failure to attend the hearing shall be deemed as withdrawal of the
challenge. The hearing officer may determine as follows:
Should no challenge be made, or should a determination that
five or more of the parking violations that are in final determination
status are unpaid be rendered within the fourteen-day period, the
state registration number of the vehicle shall be placed on the immobilization
list and immobilization shall proceed as follows:
A.
A notice shall be placed in a conspicuous place on the motor vehicle
warning that any attempt to move the vehicle while the immobilization
device is attached may result in damage to the vehicle;
B.
The notice shall set forth the following procedure for release of
the immobilization device. The owner of the immobilized vehicle, or
another authorized person, may, within 24 hours:
(1)
Pay all fees for immobilization and penalties due on the outstanding
violations listed in the notice of eligibility for immobilization;
(2)
Pay a cash bond of all the outstanding monies due the City at the Police Department prior to a hearing as provided in § 381-22 of this article; or
(3)
The owner may, concurrent with the cash bond, request any hearing
as authorized pursuant to City ordinance. In the event said hearings
are not requested or the owner fails to appear at the requested hearing,
the cash bond shall be used to pay all of the outstanding fines and
penalties for the violations listed in the notice of eligibility.
C.
If the owner of the immobilized vehicle, or another authorized person, does not exercise any of the options of Subsection B of this section within 24 hours of the vehicle being immobilized, the vehicle shall be towed and impounded by a designated towing firm as provided in Chapter 476. In addition to any outstanding fines, penalties and fees, the owner of the immobilized vehicle shall also be subject to all applicable towing and storage charges as a result of the towing and impoundment.
D.
It shall be unlawful for any person other than a City employee or
authorized representative to remove or damage the immobilization device
or to relocate or tow any vehicle immobilized by a restraint without
prior approval of the Chief of Police of his or her designee. Any
person who violates this section shall be subject to a penalty of
$750 for each such violation.
Within 15 days after a vehicle has been towed and impounded, notice of impoundment shall be sent to the appropriate address of the registered owner or lessee in a manner consistent with § 381-9 above, and also by certified mail, return receipt requested. The notice shall state that the owner has a right to a hearing as specified in § 381-22 of this article, and that if release is not obtained under the procedures in § 381-22 of this article within 35 days, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code. Whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he/she agrees in writing to refund to the City the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the penalty and fines, plus the applicable fees.
The fee for immobilization shall be $100.
A.
The owner of the immobilized vehicle or any other authorized person may request, in writing, a hearing to challenge the validity of the immobilization notice based on the grounds listed in § 381-18 of this article.
B.
The hearing shall be held before a hearing officer designated by
the City Manager.
C.
A hearing as provided in this section shall not determine the validity
of or otherwise adjudicate any citation or parking violation issued
relative to the immobilized vehicle but only shall determine the validity
of assessment of the fees for immobilization.
A.
When a person has failed to pay any fine or penalty due and owing
pursuant to this article on 10 or more final determinations of parking
violations, the City Traffic Compliance Administrator shall cause
a notice of impending driver's license suspension to be sent,
in accordance with this article.
(1)
The notice shall state that failure to pay the amount owing within
45 days of the date of the notice will result in the City's notifying
the Illinois Secretary of State that the person is eligible for initiation
of suspension proceedings pursuant to 625 ILCS 5/6-306.5.
(2)
The notice shall state that a copy of the violations imposing the
fine or penalty is available by sending a self-addressed, stamped
envelope and request to the City Traffic Compliance Administrator.
B.
If a person sent a notice pursuant to Subsection A of this section fails to pay the amount owing within the time stated on the notice, the City Traffic Compliance Administrator may file with the Illinois Secretary of State a certified report, in accordance with 625 ILCS 5/6-306.5(c), that the person is eligible for initiation of suspension proceedings. The City Traffic Compliance Administrator shall assess a filing fee of $20 against the person named in the certified report to reimburse the City for the expense of preparing and filing the certified report with the Illinois Secretary of State.
C.
If a person named in a certified report has paid the previously reported
fine or penalty or if the report is determined by the City Traffic
Compliance Administrator to be in error, the City Traffic Compliance
Administrator shall notify the Illinois Secretary of State in accordance
with 625 ILCS 5/6-306.5(d). A certified copy of such notification
shall be given, upon request and at no charge, to the person named
therein.
A.
In accordance with 625 ILCS 5/11-1306, no person who is the lessor
of a vehicle pursuant to a written lease agreement shall be liable
for a violation of any standing or parking regulation of this article
involving such vehicle during the period of the lease if, upon receipt
of a notice of violation sent within 120 days of the violation, he/she
shall, within 60 days thereafter, provide to the City Traffic Compliance
Administrator the name and address of the lessee.
B.
Upon receipt of a lessor's notification of the name and address
of his/her lessee, provided pursuant to 625 ILCS 5/11-1305 or 5/11-1306,
the City Traffic Compliance Administrator shall cause a notice of
violation to be sent to the lessee as provided for in this article.
