[12-15-2010]
A.
The stated purpose of this chapter is to provide a fair and
efficient enforcement of municipal vehicular standing, parking and
condition of vehicle regulation violation(s) and other municipal regulation
violation(s) as may be allowed by law, through an administrative adjudication
of violation(s) of municipal ordinances regulating the standing, parking
and condition of vehicles 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 chapter "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.
[12-15-2010]
The Village of Thornton adopts 65 ILCS 5/1-2.1-1 et seq. and
625 ILCS 5/11-208.3 in its current form and as it may be amended from
time to time for adjudication of Village Code violations to the extent
permitted by the Illinois Constitution.
[12-15-2010]
A.
The system of administrative adjudication shall be part of the
Code Hearing Department and shall be composed of a traffic compliance
administrator, hearing officer, and hearing room personnel (deputy),
with the power, authority and limitations as are hereinafter set forth.
1.
Traffic compliance administrator shall be empowered and is hereby
authorized and directed to:
a.
Operate and manage the system of administrative adjudication
of vehicular standing, parking and compliance regulation violation(s).
b.
Adopt, distribute and process standing, parking and compliance
violation notices and other notices as may be required under this
chapter or as may be reasonably required to carry out the purpose
of this chapter.
c.
Collect moneys paid as fines and/or penalties assessed after
a final determination of vehicular standing, parking or compliance
regulation violation(s) liability.
d.
Certify copies of final determination(s) of standing, parking
and compliance regulation violation(s) liability and factual report(s)
verifying the final determination of standing, parking and compliance
regulation violation(s) liability was issued in accordance with this
chapter and 625 ILCS 5/11-208.3.
e.
Certify reports to the Secretary of State concerning initiation
of suspension of driving privileges in accordance with the provisions
of this chapter, hereinafter set forth, and those of Chapter 625 ILCS
5/6-306.5.
f.
Review final determination(s) of vehicular standing, parking
and compliance regulation violation(s) liability, validity of notices
of impending impoundment or validity of notice of impending drivers
license suspension, in an administrative review capacity in accordance
with the provisions of this chapter, hereinafter set forth.
g.
Promulgate rules and regulations reasonably required to operate
and maintain the administrative adjudication system hereby created.
h.
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 drivers license suspension, as directed by the traffic
compliance administrator in accordance with the provisions hereinafter
set forth.
(6)
Keep accurate records of appearances and on appearances
at administrative hearings, pleas entered, fines and penalties assessed
and paid.
i.
The traffic compliance administrator may delegate clerical and
administrative tasks to Village employees, except for tasks in §§ 1-14-3A1(a),
1-14-3A1(f), and 1-14-3A1(g).
2.
Hearing officer 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.
Assess fines and penalties for the violation of vehicular standing,
parking or compliance regulation violation(s) as are established in
§ 1-14-10 hereof.
f.
Provide for the accurate recordation of the administrative adjudication
hearing(s).
3.
Hearing room personnel are hereby authorized and directed to:
a.
Maintain hearing room decorum.
b.
Have and execute authority as is granted to courtroom deputies
of the circuit court.
c.
Perform such other duties or acts as may reasonable be required
and as directed by the hearing officer or traffic compliance administrator.
d.
This position is limited to off-duty, full-time, part-time or
auxiliary police officers.
4.
Appointments. Except for § 1-14-3A(3), hearing room
personnel, the Village President is hereby authorized to appoint,
with advice and consent of the Board, persons to hold the positions
above set forth.
5.
Compensation to be paid for each of the above stated positions
shall be as determined by the Village President and approved by the
Board of Trustees.
[12-15-2010]
A.
The system of administrative adjudication of vehicular standing,
parking and compliance regulation violation(s) shall be in accordance
with the following procedures and final determination(s) of vehicular
standing, parking and compliance regulation violation(s) liability,
validity of notice of impending impoundment, validity of notice of
impending drivers license suspension, impoundment of vehicle and collections
shall be made only in accordance with the provisions set forth below:
1.
Violation notice. Vehicular standing, parking and compliance
regulation violation(s) notice(s) (violation notices) shall be issued
by the person(s) authorized by the Village and shall contain information
and shall be served, certificated and have evidentiary admissibility
is hereinafter set forth.
2.
Detection of violations. Any individual authorized by the Village
to issue violation(s) notices and who detects a violation of any section
of any municipal ordinance, shall issue a notice of violation thereof
and shall make service thereof as is hereinafter set forth.
3.
The vehicular standing, parking and compliance regulation "violation
notice" shall contain, but shall not be limited to, the following
information:
a.
The date, time and place of the violation (date of issuance).
b.
The particular vehicular standing, parking or compliance regulation
violated.
c.
Vehicle make and state registration number.
d.
The fine and any penalty which may be assessed for late payment.
e.
The signature and identification number of the person issuing
the notice.
f.
A section entitled "request for hearing" which shall clearly
set forth that the registered owner, operator 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:
(1)
Checking or placing a mark in a space provided
and clearly identified, "request for hearing."
(2)
Placing his/her name and current address in the
place provided.
(3)
Signing his/her name in the appropriate indicated
place.
(4)
Filing the violation notice with the "request for
hearing" portion fully completed; with the traffic compliance administrator
postmarked by the 25th of the month, if the violation notice was issued
between the first through the 15th day of the month; or postmarked
by the 10th of the month, if the violation notice was issued between
the 16th and the end of the prior month. The request shall be deemed
filed upon receipt by the traffic compliance administrator.
g.
The date, time and place of an administrative hearing at which
the violation may be contested on its merits.
h.
That payment of the indicated fine and any late payment penalty
shall operate as a final disposition of the violation.
i.
A section entitled, "request for hearing by mail," which clearly
sets forth that a resident or nonresident registered owner or lessee
may appear at the initial administrative hearing to contest the validity
of the violation notice without personally appearing by:
(1)
Checking or placing a mark in a space provided
and clearly identified, "request for hearing by mail."
(2)
Placing his/her name and current address in the
place provided.
(3)
Signing his/her name in the appropriate indicated
place.
(4)
Filing the violation notice with the "request for
hearing by mail" portion fully completed, with the traffic compliance
administrator postmarked by the 25th of the month, if the violation
notice was issued between the first through the 15th day of the month;
or postmarked by the tenth of the month, if the violation notice was
issued between the sixteenth and the end of the prior month. The request
shall be deemed filed upon receipt by the traffic compliance administrator.
(5)
Filing a notarized statement of facts specifying
the grounds for challenging the violation notice which must be filed
with the traffic compliance administrator postmarked by the 25th of
the month, if the violation notice was issued between the first through
the 15th day of the month; or postmarked by the tenth of the month,
if the violation notice was issued between the sixteenth and the end
of the prior month. The request shall be deemed filed, if postmarked
by the due dates herein specified.
(6)
A clearly marked statement that execution of the
request for hearing by mail is a waiver of the resident's or
nonresident's right to a personal appearance and that the adjudication
will be made based upon the notarized statement of facts submitted
by the resident or nonresident and the facts contained in the violation(s)
notice(s).
5.
The correctness of facts contained in the vehicular standing,
parking or compliance regulation violation(s) notice(s) shall be certified
by the person issuing said notice by:
a.
Signing his/her name to the notice(s) at the time of service;
or
b.
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.
6.
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.
7.
Prima facia evidence of correctness. Any violation(s) notice(s)
issued, signed and served in accordance herewith, or a copy of the
notice, shall be prima facia correct and shall be prima facia evidence
of the correctness of the facts shown on the notice.
8.
Admissibility. The violation(s) notice(s) or a copy(s) shall
be admissible in any subsequent administrative or legal proceeding.
[12-15-2010]
A.
An administrative hearing to adjudicate the alleged vehicular
standing, parking or compliance regulation violation(s) on its merits;
1.
Shall be granted to the registered owner or operator of the
"cited vehicle," pursuant to Chapter 625 ILCS 5/11-208.3 or the lessee
of the "cited vehicle," pursuant to Chapter 625 ILCS 5/11-1306, incorporated
herein by reference.
2.
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 chapter. Violators issued citations
shall be given no more 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.
3.
Administrative hearings held pursuant to this chapter shall
be tape recorded.
4.
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 § 1-14-10
hereof.
5.
Representation by attorney. Persons appearing to contest the
alleged vehicular standing, parking or compliance violation on its
merits may be represented by counsel at their own expense.
6.
Review. The final determination of any matter which may be decided
by the hearing officer may be reviewed as is hereinafter set forth.
[12-15-2010]
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 or compliance regulation violation(s)
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.
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.
3.
Shall be sent by first class mail, postage prepaid.
4.
Service of additional notices sent in accordance herewith shall
be complete as of the date of deposit in the United States mail.
5.
The additional notices sent in accordance herewith shall be
in the following sequence and contain, but not be limited to, the
following information:
a.
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 or compliance regulation violation(s) notice(s) additional
notice(s) shall be sent, as above set forth, and shall contain, but
not be limited to the following information:
(1)
Date and location of violation cited in the vehicular
standing, parking or compliance regulation violation(s) notice(s).
(2)
Particular standing, parking or compliance regulation
violated.
(3)
Vehicle make and state registration.
(4)
Fine and any penalty that may be assessed for late
payment.
(5)
Notice to the registered owner or lessee of their
current status, other than paid in full.
(6)
Date, time and place of the administrative hearing
at which the alleged violation may be contested on its merits.
(7)
Statement that failure to either pay 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 vehicle standing, parking or compliance regulation
violation(s) liability for the "cited" violation in the amount of
the fine and penalty indicated.
(8)
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.
b.
A notice of final determination of vehicular standing, parking
or compliance regulation violation(s) 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:
(1)
A statement that the unpaid fine and any penalty
assessed is a debt due and owing the municipality.
(2)
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 Chapter 625 ILCS 5/11-208.3(f), incorporated herein by reference.
(3)
A warning that the person's drivers license
may be suspended for failure to pay fines or penalties for 10 or more
vehicular standing, parking or compliance violations under Chapter
625 ILCS 5/6-306.5, incorporated herein by reference.
(4)
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 10 or more vehicular standing, parking
or compliance regulation violations.
c.
A notice of impending suspension of a person's drivers
license shall be sent to any person determined to be liable for the
payment of any fine or penalty that remains due and owing on 10 or
more vehicular standing, parking or compliance regulation violation(s):
(1)
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 Chapter 625 ILCS 5/6-306.5 incorporated herein by reference.
(2)
The notice of impending drivers license suspension
shall be sent by first class mail, postage prepaid, to the address
recorded with the Secretary of State.
[12-15-2010]
A.
A final determination of vehicular standing, parking or compliance
regulation violation(s) liability shall:
1.
Occur following the failure to pay the total assessed fine or
penalty after the hearing officer's determination of vehicular
standing, parking or compliance regulation violation(s) liability
and the exhaustion of or the failure to exhaust any administrative
review procedures hereinafter set forth; or
2.
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 or compliance regulation violation(s)
liability shall become final;
[12-15-2010]
A.
A petition to set aside a determination of vehicular standing,
parking or compliance regulation violation(s) 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 determination of liability
must be filed in the office of the traffic compliance administrator,
but not later than, 14 days from the date the determination of liability
is made.
2.
The traffic compliance administrator shall act upon the petition(s)
timely filed and render a decision thereon within 14 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 operator of the "cited vehicle" on the date the
vehicular standing, parking or compliance regulation violation(s)
notice(s) were issued.
b.
The person's having paid the fine or penalty prior to the
determination of liability for the violation(s) in question.
c.
Excusable failure to appear at or request a new date for a hearing.
4.
Should the determination of liability be set aside, the traffic
compliance administrator shall:
a.
Notify the registered owner, operator or lessee, as the case
may be, that the determination of liability has been set aside.
b.
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.
c.
Notice of setting aside of the determination of liability and
the notice of 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.
d.
Service of the notice shall be complete on the date the notice(s)
are deposited in the United States mail.
[12-15-2010]
A.
Residents and nonresidents of this municipality who have been
served vehicular standing, parking or compliance regulation violation(s)
notice(s), in accordance with this chapter, may contest the alleged
violation on its merits in person at a hearing, or may contest the
validity without personally appearing at an administrative hearing
by:
1.
Completing, in full, the "request for hearing by mail" section
of the violation notice, served upon him/her pursuant to this chapter.
2.
Signing the "request for hearing by mail" section 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 by
mail" section fully completed with the traffic compliance administrator
postmarked by the 25th of the month, if the violation notice was issued
between the first through the 15th day of the month; or postmarked
by the tenth of the month, if the violation notice was issued between
the sixteenth and the end of the prior month. The request shall be
deemed filed upon receipt by the traffic compliance administrator.
4.
Filing a notarized statement of facts specifying the grounds
for challenging the violation notice which must be filed with the
traffic compliance administrator postmarked by the 25th of the month,
if the violation notice was issued between the first through the 15th
day of the month; or postmarked by the tenth of the month, if the
violation notice was issued between the sixteenth and the end of the
prior month. The request shall be deemed filed upon receipt by the
traffic compliance administrator. The acceptance of a "request for
hearing by mail" after the due date or with cause, at the discretion
of the traffic compliance administrator, be accepted for hearing consideration
and decision.
5.
The hearing officer shall make an adjudication based upon the
facts set forth in the notarized statement of facts filed as is contained
in the violation notice.
6.
Notice of the determination of the hearing officer shall be
served upon the resident or nonresident by first class mail, postage
prepaid, addressed to the nonresident at the address set forth in
the statement of facts submitted.
7.
Service of the notice shall be complete on the date the notice
is placed in the United States mail.
[12-15-2010]
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:
|
Fine Schedule
|
General Parking Fine
|
Handicapped Fine Amount
|
Traffic Compliance
|
Overweight on Local Street and Failure to Tarp Load
| |
|---|---|---|---|---|---|
|
Step 1
|
Upon service of a "Violation Notice" issued and paid on or before
the 1st Hearing Date, the fine will be:
|
$30
|
$250
|
$50
|
$100
|
|
Step 2
|
Having failed to pay the fine amount specified in Step 1 on
or prior to the 1st Hearing Date, the fine amount, if paid on or prior
to the 2nd Hearing Date, will be:
|
$100
|
$400
|
$100
|
$150
|
|
Step 3
|
Having failed to pay the fine amount specified in Step 2 on
or prior to the 2nd Hearing Date, the fine amount, if paid on or prior
to the 3rd Hearing Date, will be:
|
$200
|
$450
|
$200
|
$200
|
|
Step 4
|
Having failed to pay the fine amount specified in Step 3 on
or prior to the 3rd Hearing Date, the fine amount, if paid upon the
finding of Liability for the violation, or failure to appear at the
3rd Hearing, will be:
|
$500
|
$500
|
$500
|
$500
|
B.
The fines and penalties herein set forth shall be uniformly
applied for each violation.
C.
The municipality 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 municipality and in those
areas subject to off-street parking agreements.
D.
The fine for illegally parking in a parking spot designated
for a person with disabilities shall be $250.
[12-15-2010]
A.
Upon a failure to pay fines and penalties deemed due and owing
the Village after the exhaustion of administrative procedures set
forth herein for 10 or more vehicular parking regulation 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 Village as
a result of 10 or more violations of municipal vehicular standing
or parking regulations 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 Village
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 a 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:
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.
[12-15-2010]
A.
Any motor vehicle whose registered owner has been determined
to be liable for 10 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 10 or more vehicular standing,
parking or compliance regulation violations(s), the fines or penalties
for which remain unpaid.
2.
The person determined to be liable for 10 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 10 or more vehicular
standing, parking or compliance regulation violation(s), the fines
and penalties for which remain unpaid.
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 full 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 of this
chapter for nonpayment of fines or penalties assessed for the violation
of 10 or, more violation(s) of vehicular standing, parking or compliance
regulation(s) 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, incorporated herein
by reference.
C.
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.
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.
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.
[12-15-2010]
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 735 ILCS 5/3-101 et seq. incorporated herein by reference.
[12-15-2010]
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 municipality 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.
[12-15-2010]
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 parking violation, take all necessary
action(s), execute all required documents and, upon action of the
Mayor with advice and consent of the Board, appoint or retain any
individual or agency deemed appropriate to obtain a judgment against
and collect moneys from the person(s) who have 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 chapter
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
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 municipality 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 625 ILCS
5/11-208.3.
3.
Nothing shall prevent the municipality 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 735 ILCS 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
$5,000.
