(A)
The stated purpose of this article is to provide a fair and efficient
enforcement of municipal vehicular standing, parking, and vehicle
compliance violations, automated traffic law violations, and other
municipal regulation violations as may be allowed by law, through
an administrative adjudication of violations of municipal ordinances
regulating the standing, parking, and condition of vehicles or automated
traffic law violations within the geographic boundaries of this municipality
and a schedule of uniform fines and penalties and authority and procedures
for collection of unpaid fines and penalties.
(B)
For purposes of this article, "compliance violation" means a violation
of a municipal regulation governing the condition or use of equipment
on a vehicle or governing the display of a municipal wheel tax license.
The system of administrative adjudication of vehicular standing,
parking, and vehicle compliance violations and automated traffic law
violations shall provide for a traffic compliance administrator, hearing
officer, computer operator/system coordinator and hearing room personnel
(deputy) with the power, authority and limitations as are hereinafter
set forth.
(A)
The Traffic Compliance Administrator shall be empowered and is hereby
authorized and directed to:
(1)
Operate and manage the system of administrative adjudication
of vehicular standing, parking, and compliance regulation violations.
(2)
Adopt, distribute and process standing, parking, and compliance
violation notices and other notices as may be required under this
article or as may be reasonably required to carry out the purpose
of this article.
(3)
Collect moneys paid as fines and/or penalties assessed after
a final determination of vehicular standing, parking, or compliance
regulation violation(s) liability.
(4)
Conduct hearings, as a hearing officer, with the same power
and authority as is hereinafter set forth, during the absence of the
appointed hearing officer.
(5)
Certify copies of final determination(s) of vehicular standing,
parking, and vehicle compliance violations and automated traffic law
violations liability and factual reports verifying that the final
determination of vehicular standing, parking, and vehicle compliance
violations and automated traffic law violations liability was issued
in accordance with this article and 625 ILCS 5/11-208.3.
(6)
Certify reports to the Secretary of State concerning initiation
of suspension of driving privileges in accordance with the provisions
of this article, hereinafter set forth, and those of 625 ILCS 5/6-306.5.
(7)
Review final determination(s) of vehicular standing, parking,
and vehicle compliance violations and automated traffic law violations
liability, validity of notices of impending impoundment or validity
of notice of impending driver's license suspension, in an administrative
review capacity in accordance with the provisions of this article,
hereinafter set forth.
(8)
Promulgate rules and regulations reasonably required to operate
and maintain the administrative adjudication system hereby created.
(9)
Collect unpaid fines and penalties by filing complaints in the
Circuit Court or selecting or appointing an individual or agency to
act on behalf of this municipality in filing complaints seeking judgments
for unpaid fines or penalties and pursuit of all post-judgment remedies
available by current law.
(10)
To select or appoint an individual, agency or firm to tow and
impound vehicles in accordance with the provisions of this article,
hereinafter set forth.
(B)
The hearing officer shall be empowered and is hereby authorized and
directed to:
(1)
Preside over the administrative hearings, established herein,
as the adjudicator.
(2)
Administer oaths.
(3)
Issue subpoenas to secure the attendance of witnesses and production
of relevant papers or documentation.
(4)
Assess fines and penalties for the violation of vehicular standing,
parking, and vehicle compliance violations and automated traffic law
violations as are established in § 14.268 hereof.
(5)
Make final determination of:
(a)
Vehicular standing, parking, and vehicle compliance violations
and automated traffic law violations liability.
(b)
Validity of notice of impending impoundment.
(c)
Validity of notice of impending driver's license suspension
in accordance with the provisions of this article, hereinafter set
forth.
(6)
Provide for the accurate recordation of the administrative adjudication
hearing(s).
(C)
The System Coordinator/Computer Operator are hereby authorized and
directed to operate and maintain the computer program(s) for the administrative
adjudication system hereby created, on a day-to-day basis, including,
but not limited to:
(1)
Input of violation notice information.
(2)
Hearing date(s) and notice dates.
(3)
Fine and penalty assessments and payment(s).
(4)
Issue payment receipts.
(5)
Issue succeeding notices of hearing dates, final determination
of liability, notice of impending impoundment and notice of impending
driver's license suspension, as directed by the Traffic Compliance
Administrator in accordance with the provisions hereinafter set forth.
(6)
Keep accurate records of appearances and nonappearances at administrative
hearings, pleas entered, fines and penalties assessed and paid.
(D)
(E)
Appointments. The Mayor is hereby authorized to appoint persons to
hold the positions above set forth. One person may hold and fulfill
the requirements of one or more of the above-stated positions.
(F)
Compensation to be paid for each of the above-stated positions shall
be as determined by the Mayor and approved by the City Council.
The system of administrative adjudication of vehicular standing,
parking, and vehicle compliance violations and automated traffic law
violations shall be in accordance with the following procedures and
final determination(s) of vehicular standing, parking, and vehicle
compliance violations and automated traffic law violations liability,
validity of notice of impending impoundment, validity of notice of
impending driver's license suspension, impoundment of vehicle and
collections shall be made only in accordance with the provisions set
forth below:
(A)
Violation notice. Vehicular standing, parking, and vehicle compliance
violations and automated traffic law violations notices ["violation
notice(s)"] shall be issued by the person(s) authorized herein and
shall contain information and shall be served, certified and have
evidentiary admissibility as is hereinafter set forth.
(B)
Authorization. All full-time, part-time, auxiliary police and community
service officers, as well as other specifically appointed individuals
shall have the authority to issue violation(s) notices.
(C)
Detection of violations. Any individual authorized hereby to issue
violation(s) notices and who detects a violation of any section of
any applicable municipal ordinance, shall issue a notice of violation
thereof and shall make service thereof as is hereinafter set forth.
(D)
The vehicular standing, parking, and vehicle compliance violations
and automated traffic law violations violation notice shall contain,
but shall not be limited to, the following information:
(1)
The date, time and place of the violation (date of issuance).
(2)
The particular vehicular standing, parking, and vehicle compliance
and automated traffic law regulation violated.
(3)
Vehicle make and state registration number. With regard to automated
traffic law violations, vehicle make shall be specified on the automated
speed enforcement system or automated traffic law violation notice
if the make is available and readily discernible.
(4)
The fine and any penalty which may be assessed for late payment
or failure to complete a required traffic education program, or both.
(5)
The signature and identification number of the person issuing
the notice.
(6)
A section entitled "Request for Hearing," which shall clearly
set forth that the registered owner or lessee may appear at the initial
administrative hearing to contest the validity of the violation notice
on the date and at the time and place as specified in the violation
notice by:
(a)
Checking or placing a mark in a space provided and clearly identified
"Request for Hearing."
(b)
Placing his/her name and current address in the place provided.
(c)
Signing his/her name in the appropriate indicated place.
(d)
Filing the violation notice, with the "Request for Hearing"
portion fully completed, with the Traffic Compliance Administrator,
postmarked within 10 days of the violation notice issuance. The request
shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(7)
The date, time and place of an administrative hearing at which
the violation may be contested on its merits.
(8)
That payment of the indicated fine and any late payment penalty,
completion of a required traffic education program, or both, shall
operate as a final disposition of the violation.
(9)
A section entitled "Nonresident Request for Hearing - Non-Appearance,"
which clearly sets forth that a nonresident registered owner or lessee
may appear at the initial administrative hearing to contest the validity
of the violation notice without personally appearing by:
(a)
Checking or placing a mark in a space provided and Clearly identified
"Nonresident Request for Hearing - Non-appearance."
(b)
Placing his/her name and current address in the place provided.
(c)
Signing his/her name in the appropriate indicated place.
(d)
Filing the violation notice, with the "Nonresident Request for
Hearing" portion fully completed, with the Traffic Compliance Administrator,
postmarked within 10 days of the violation notice issuance. The request
shall be deemed filed upon receipt by the Traffic Compliance Administrator.
(e)
Filing a notarized statement of facts specifying the grounds
for challenging the violation notice, which must be filed with the
Traffic Compliance Administrator postmarked within 10 days of the
violation notice issuance. The request shall be deemed filed if postmarked
by the due dates herein specified.
(f)
A clearly marked statement that execution of the Nonresident
Request for Hearing is a waiver of the nonresident's right to a personal
appearance and that the adjudication will be made based upon the notarized
statement of facts submitted by the nonresident and the facts contained
in the violation(s) notice(s).
(E)
Service of the violation(s) notice(s) shall be made by the person
issuing such notice by:
(1)
Affixing the original or a facsimile of the notice to an unlawfully
standing or parked vehicle; or
(2)
Handing the notice to the registered owner, operator or lessee
of the vehicle, if present; or
(3)
In the case of an automated traffic law violation notice, by
mail to the address of the registered owner or lessee of the cited
vehicle as recorded with the Secretary of State or the lessor of the
motor vehicle within 30 days after the Secretary of State or the lessor
of the motor vehicle notifies the municipality of the identity of
the owner or lessee of the vehicle, but not later than 90 days after
the violation, except that in the case of a lessee of a motor vehicle,
service of an automated traffic law violation notice may occur no
later than 210 days after the violation. A technician employed or
contracted by the municipality shall determine that, based on inspection
of recorded images, the motor vehicle was being operated in violation
of 625 ILCS 5/11-208.6, 11-208.9, or 11-1201.1 or a local ordinance.
If the technician determines that the vehicle entered the intersection
as part of a funeral procession or in order to yield the right-of-way
to an emergency vehicle, a citation shall not be issued.
(F)
The correctness of facts contained in the vehicular standing, parking,
and vehicle compliance violations and automated traffic law violations
notice(s) shall be certified by the person issuing said notice by:
(1)
Signing his/her name to the notice(s) at the time of service;
or
(2)
In the case of a notice produced by a computer device, by signing
a single certificate, to be kept by the Traffic Compliance Administrator,
attesting to the correctness of all notices produced by the device
while under his/her control.
(G)
The original or a facsimile of the violation(s) notice(s) shall be
retained by the Traffic Compliance Administrator and kept as a record
in the ordinary course of business.
(H)
Prima facie evidence of correctness. Any violation(s) notice(s) 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(s) notice(s) or a copy(s) shall be admissible
in any subsequent administrative or legal proceeding.
(A)
An administrative hearing to adjudicate the alleged vehicular standing,
parking, and vehicle compliance violations and automated traffic law
violations on its merits: shall be granted to the registered owner
or operator of the cited vehicle, pursuant to 625 ILCS 5/11-208.3
or the lessee of the cited vehicle, pursuant to 625 ILCS 5/11-1306,
incorporated herein by reference.
(B)
Hearing dates shall be at the date, time and place as is set forth
in the violation notice issued and served, or such additional notices
issued in accordance with this article. Violators shall be given no
fewer than three opportunities to appear, and failure to appear by
the third scheduled hearing date will result in a final determination
of liability as hereinafter set forth.
(C)
The hearing shall be recorded.
(D)
The hearing shall culminate in a determination of liability or nonliability made by the hearing officer, who shall consider testimony and other evidence without the application of the formal or technical rules of evidence. The hearing officer shall, upon a determination of liability, assess fines and penalties in accordance with § 14.278 hereof.
(E)
Representation by attorney. Persons appearing to contest the alleged
standing, parking, or compliance violation on its merits may be represented
by counsel at their own expense.
(F)
Review. The final determination of any matter which may be decided
by the hearing officer may be reviewed as is hereinafter set forth.
(A)
Upon
failure of the registered owner or lessee of the cited vehicle to
appear at the administrative hearing indicated in the vehicular standing,
parking, and vehicle compliance violations and automated traffic law
violations notice(s), or upon final determination of violation liability,
the Traffic Compliance Administrator shall send or cause to be sent
additional notices which:
(1)
Shall be sent to the registered owner or lessee of the cited
vehicle at the address as is recorded with the Secretary of State
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.
(2)
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
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.
(3)
Shall be sent by first class mail, postage prepaid.
(B)
Service of additional notices sent in accordance herewith shall be
complete as of the date of deposit in the United States mail.
(C)
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, and vehicle compliance violations and automated traffic law
violations 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 or automated traffic law violation(s)
notice(s).
(b)
Particular standing, parking, or compliance regulation or automated
traffic law violated.
(c)
Vehicle make and state registration.
(d)
Fine and any penalty that may be assessed for late payment or
failure to complete a required traffic education program, or both.
(e)
Notice to the registered owner or lessee of his or her 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 the 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 vehicular standing, parking, and vehicle compliance violations
and automated traffic law violations 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 municipality.
(2)
A notice of final determination of vehicular standing, parking,
and vehicle compliance violations and automated traffic law violations
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 municipality.
(b)
A warning that failure to pay the fine and any penalty due and
owing the municipality within the time specified may result in the
municipality's filing a complaint in the Circuit Court to have the
unpaid fine or penalty rendered a judgment in accordance with 625
ILCS 5/11-208.3(f), incorporated herein by reference.
(c)
A warning that the vehicle owned by the person and located within
the municipality may be impounded for failure to pay fines or penalties
for five or more vehicular standing, parking, or compliance regulation
violations.
(d)
A warning that the person's driver's license may be suspended
for failure to pay fines or penalties for 10 or more vehicular standing
or parking violations under 625 ILCS 5/6-306.5, incorporated herein
by reference, or a combination of five or more automated traffic law
violations under Article 26 of this chapter.
(3)
A notice of impending suspension of a person's driver's license
shall be sent to any person liable for failure to complete a required
traffic education program or determined to be liable for the payment
of any fine or penalty that remains due and owing on 10 or more vehicular
standing or parking regulation violations or combination of five or
more unpaid automated traffic law violations.
(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
municipality's notifying the Secretary of State that the person is
eligible for initiation of suspension proceedings under 625 ILCS 5/6-306.5,
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 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.
(c)
The notice shall also state that the person may obtain a photostatic
copy of an original ticket imposing a fine or penalty by sending a
self-addressed, stamped envelope to the municipality along with a
request for the photostatic copy.
(A)
A final determination of vehicular standing, parking, and vehicle
compliance violations and automated traffic law violations liability
shall occur following the failure to complete the required traffic
education program or to pay the total assessed fine or penalty, or
both, after the hearing officer's determination of vehicular standing,
parking, and vehicle compliance violations and automated traffic law
violations 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, and vehicle compliance violations and automated
traffic law violations liability shall become final:
A petition to set aside a determination of vehicular standing,
parking, and vehicle compliance violations and automated traffic law
violations liability may be filed by a person owing an unpaid fine
or penalty or required to complete a traffic education program 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, and vehicle compliance violations and automated
traffic law violations notice(s) were 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:
(1)
The Traffic Compliance Administrator shall notify the registered
owner, or lessee, as the case may be, that the determination of liability
has been set aside.
(2)
The Traffic Compliance Administrator shall 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 shall be complete on the date the notice(s)
is deposited in the United States mail.
(A)
Nonresidents
of this municipality who have been served vehicular standing, parking,
and vehicle compliance violations and automated traffic law violations
notices, in accordance with this article, 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:
(1)
Completing, in full, the "Nonresident Request for Hearing" section
of the violation notice, served upon him/her pursuant to this article.
(2)
Signing the Nonresident Request for Hearing in the space specified
in the violation notice, and acknowledging that his/her personal appearance
is waived and submitting to an adjudication based upon the notarized
statement filed by him/her and the facts contained in the violation
notice.
(3)
Filing the violation notice with the "Request for Hearing" section
fully completed with the Traffic Compliance Administrator postmarked
within 10 days of the violation notice issuance. The request shall
be deemed filed upon receipt by the Traffic Compliance Administrator.
(4)
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 10 days of the
violation notice issuance. The request shall be deemed filed upon
receipt by the Traffic Compliance Administrator. A Nonresident Request
for Hearing after the due date or with cause, at the discretion of
the Traffic Compliance Administrator, may be accepted for hearing
consideration and decision.
(B)
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.
(C)
Notice of the determination of the hearing officer shall be served
upon the nonresident by first class mail, postage prepaid, addressed
to the nonresident at the address set forth in the statement of facts
submitted.
(D)
Service of the notice shall be complete on the date the notice is
placed in the United States mail.
(E)
All other provisions of this article shall apply equally to nonresidents
of this municipality.
(A)
The fines and penalties which shall be imposed for the violation
of vehicular standing, parking, and vehicle compliance violations
and automated traffic law violations shall be as follows:
|
Fine Payment Schedule
| |||||
|---|---|---|---|---|---|
|
General Fine
|
Settlement Amount
|
General Fine Amount
|
Handicapped Fine Amount
|
Traffic Compliance
| |
|
Step 1
|
Upon service of a violation notice, a violator can choose to
settle the claim by paying, within 10 days of the violation notice
issuance, the following amount:
|
$50
|
N/A
|
$250
|
$50
|
|
Step 2
|
Upon failure to settle as specified in Step 1, the fine amount,
if paid prior to or on the first hearing date, shall be:
|
N/A
|
$100
|
$500
|
$100
|
|
Step 3
|
Upon failure to pay the fine amount specified in Step 2 prior
to or on the second hearing date, the fine amount, if paid, shall
be:
|
N/A
|
$200
|
$500
|
$150
|
|
Step 4
|
Upon failure to pay the fine amount specified in Step 3, prior
to or on the third hearing date, or upon the finding of liability
for the violation, after failure to appear at the third hearing, shall
be:
|
N/A
|
$250
|
$500
|
$250
|
(B)
Completion
of a traffic education program may be required in lieu of or in addition
to the fines set forth above.
(C)
The fines and penalties herein set forth shall be uniformly applied
for each violation of any applicable municipal ordinance.
(D)
The municipality adopts by reference all current and future local
vehicular standing, parking, and vehicle compliance violations and
automated traffic law violations, 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 municipality and in those areas subject to off-street
parking agreements.
(A)
Upon a failure to pay fines and penalties deemed due and owing the
City after the exhaustion of administrative procedures set forth herein
for 10 or more vehicular parking regulation violations or five or
more automated traffic law 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 City as a result of 10 or more violations of municipal
vehicular standing or parking regulations or five or more automated
traffic law violations 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 City 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 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 10 or more violation notices or five or more automated
traffic law violations on the date or dates such notices were issued;
or
(2)
The person has paid the fine and/or penalty for the 10 or more
violations or five or more automated traffic law violations indicated
on the certified report.
(D)
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.
(A)
Any motor vehicle whose registered owner has been determined to be
liable for five or more vehicular standing, parking, and vehicle compliance
violations and automated traffic law violations, 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, and vehicle compliance violations and automated traffic law
violations, 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 municipality's
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
municipality which contains, but shall not be limited to, the following:
(a)
That a final determination has been made on five or more vehicular
standing, parking, and vehicle compliance violations and automated
traffic law violations, the fines and penalties for which remain unpaid.
(b)
A listing of the violation(s) for which the person has been
determined to be liable, which shall include for each violation:
(c)
That the motor vehicle(s) owned by the person and located within
the municipality 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)
That 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.
(B)
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.
(1)
The Traffic Compliance Administrator shall serve notice of the
hearing date upon the registered owner.
(2)
Notice shall be sent by first class mail, postage prepaid, to
the address as set forth on the request for hearing.
(3)
Service of the notice shall be complete on the date it is placed
in the United States mail.
(C)
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 of this
chapter for nonpayment of fines or penalties assessed for five or
more violations of vehicular standing, parking, and vehicle compliance
and automated traffic law regulations 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 if sooner 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 735 ILCS 5/3-101 et seq., incorporated
herein by reference.
(D)
A vehicle 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 municipality as specified in the notice sent in accordance with Subsection A(3) hereof and the payment of towing charges and accrued daily impound charges or upon order of the hearing officer following hearing contesting the validity of the impoundment.
(E)
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.
(3)
The individual, agency or company has available a secured impound
area within which to retain vehicles impounded hereunder. For the
purpose of this section, a "secured area" shall mean an area bounded
by a fence, chain link or otherwise, of a sufficient height and with
locking gates so as to minimize or prevent unauthorized entry into
the impounded vehicles.
Judicial review of final determinations of vehicular standing,
parking, and vehicle compliance violations and automated traffic law
violations and final administrative decisions issued after a hearing(s)
regarding vehicle immobilization or towing and impoundment made under
this article shall be subject to the provisions of the Administrative
Review Law as is set forth in 735 ILCS 5/301 et seq., incorporated
herein by reference.
Any fine, penalty, incomplete traffic education program or part
of any fine or any penalty assessed in accordance with the provisions
of this article and remaining unpaid after the exhaustion of, or the
failure to exhaust, administrative remedies created under this article
and the conclusion of any judicial review procedures shall be a debt
due and owing the municipality and, as such, may be collected in accordance
with the applicable law. Completion of any required traffic education
program and payment in full of any fine or penalty resulting from
a standing, parking, or compliance or automated traffic law violation
shall constitute a final disposition of that violation.
(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 moneys from the person(s) who has been assessed fines
or penalties which remain unpaid and have become a debt due and owing
the municipality in accordance with the provisions of this article
and 625 ILCS 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
vehicular standing, parking, and vehicle compliance violations and
automated traffic law violations liability has been made.
(a)
The complaint filed by the Traffic Compliance Administrator
or individual or agency on behalf of the municipality seeking entry
of a judgment against an individual for unpaid fines and/or penalties
pursuant to a final determination of vehicular standing, parking,
and vehicle compliance violations and automated traffic law violations
shall have appended:
(i)
A certified copy of the final determination of
the vehicular standing, parking, and vehicle compliance violations
and automated traffic law violations.
(ii)
A certification that recites facts sufficient
to show that the final determination of vehicular standing, parking,
and vehicle compliance violations and automated traffic law violations
was issued in accordance with this article and 625 ILCS 5/11-208.3.
(b)
Nothing shall prevent the municipality from consolidating multiple
final determinations of vehicular standing, parking, and vehicle compliance
violations and automated traffic law violations liability in an action
in the Circuit Court against an individual.
(2)
Pursuing all available remedies, allowed by law, to collect
money judgments.
(B)
Service of the summons and a copy of the complaint may be served
upon the person against whom a judgment is sought under the provisions
of this article by any method provided under 735 ILCS 5/2-203, incorporated
herein 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 or automated traffic
law violations does not exceed $2,500.
