§ 2-1308. Procedure for violations.

The following procedures shall apply to the issuance of a violation notice and the adjudication of Violations in the Administrative Adjudication System. A violation notice shall be the formal charging document alleging a violation of this Code (violation notice) against a person or entity (defendant).

(1)

All violations, except those violations for parking, standing and vehicle compliance violation notices, to be adjudicated against the party alleged to have violated one or more code provisions by issuing and serving upon the alleged violator, owner, operator or any other interested party a violation notice shall be conducted in accordance with the following procedures:

a.

A violation notice shall be issued by an authorized village employee.

b.

A violation notice issued pursuant to this article shall contain the following information:

1.

The name; village position; and identification number, if applicable, of the authorized village employee issuing the violation notice;

2.

The name and address of the person or entity being charged with one or more violations;

3.

The name and address of the person to whom the violation notice is given if that person is not the individual being charged;

4.

The section of this Code alleged to have been violated;

5.

The date, time, and place of the alleged violations;

6.

A legally sufficient description of the activity or conduct alleged to constitute a violation of each Code section set forth in the violation notice or a legally sufficient description of the facts giving rise to the allegations set forth in the violation notice;

7.

The authorized village employee issuing the violation notice shall certify the correctness of the information by signing his name (electronic or otherwise) to the violation notice to be issued; which shall establish a prima facie case. In the case of a violation notice produced by a computerized device, the authorized village employee may establish a prima facie case 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 it was under his control; and

8.

A violation notice issued pursuant to this subsection shall set forth the date, time and place of the adjudicatory hearing to be held with respect to the violations alleged in the violation notice and the legal authority and jurisdiction under which the hearing will be held.

c.

The original or a legible copy of the violation notice shall be filed with this Code Hearing Unit as soon as practicable. Upon receiving the original or legible copy of the violation notice, this Code Hearing Unit shall set the hearing date and provide the defendant notice of the date, time, and place of the hearing in the manner set forth in this article, unless the violation notice sets forth the date, time, and location of the hearing and was served personally on the defendant. A hearing date shall not be held within less than 14 days of the date of the alleged violation.

d.

If at the time set for hearing, the defendant, or an attorney representing the defendant, fails to appear, the hearing officer may enter a default judgment of liability against the defendant and impose fines and assess costs. A copy of the order of default shall be served in any manner permitted by this article and applicable to the violation. A copy of the default judgment, which constitutes a final determination for the purposes of judicial review and is subject to review under the Illinois Administrative Review Law, shall apprise the defendant of the procedure for setting aside the default judgment and shall also apprise the defendant of the availability of an appeal of the default judgment to the Circuit Court of Cook County.

e.

A defendant against whom a default judgment has been entered may file a motion with the Code Enforcement Unit to set aside the default judgment and request a new hearing. A motion to set aside a default judgment may be filed at any time if the defendant alleges lack of subject matter or personal jurisdiction; in all other cases, the motion must be filed within 21 days of entry of the default judgment excepting Saturdays, Sundays, and holidays. A motion to set aside a default judgment shall set forth the reasons the defendant failed to appear on the original hearing date. A hearing officer shall hear and rule on the motion. If the hearing officer grants the motion, a hearing will be held immediately on the alleged violation set forth in violation notice unless the defendant requests another hearing date and presents good cause for continuing the hearing.

f.

If any default judgment is set aside pursuant to this article, the hearing officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the village as a result of the vacated default judgment.

(2)

All parking, standing and equipment violations shall be commenced against the defendant alleged to have violated one or more Code provisions by issuing and serving upon that party a violation notice and shall be conducted in accordance with the following procedures:

a.

The violation notice shall be issued by an authorized village employee and served as provided for in this article.

b.

Any violation notice issued pursuant to this article shall contain the following information:

1.

The date, time and location of the violation;

2.

The particular vehicular standing, parking or compliance regulation alleged to have been violated;

3.

Vehicle make and state registration number;

4.

The fine and any penalty which may be assessed for late payment;

5.

The signature and identification number of the authorized village employee (which may be made by signing a certificate kept by the Administrator attesting to the correctness of all notices produced by a computerized device while under his control) issuing the violation notice;

6.

A section entitled, "request for hearing," which shall explain how a hearing may be requested and shall state that a hearing shall be held within not less than 14 days in accordance with this article; and

7.

A statement that payment of the indicated fine and any late penalty shall operate as a final disposition of the violation.

c.

Service of the violation notice shall be made by the person issuing such notice by:

1.

Affixing the original or a facsimile of the violation 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.

d.

The original or a facsimile of the violation notice shall be retained by the Traffic Compliance Administrator and kept as a record in the ordinary course of business.

e.

Any violation notice issued, signed and served in accordance herewith, or a copy of the violation notice, or any recorded image, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice.

f.

Violation notice or a copy or any recorded image shall be admissible in any subsequent administrative or legal proceeding.

g.

Upon the failure of the defendant to pay the fine, to request a hearing or to contest the matter by mail, an additional notice shall be sent, and shall contain, but not be limited to, the following information:

1.

The date and location of violation cited in the vehicular standing, parking, or compliance in the violation notice;

2.

The particular standing, parking, or compliance regulation alleged to have been violated;

3.

The vehicle make and state registration;

4.

The fine and any penalty that may be assessed for late payment;

5.

The date, time and place of the hearing at which the alleged violation may be contested on its merits;

6.

A 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 vehicle standing, parking, or compliance regulation for the cited vehicle violation in the amount of the fine and penalty indicated; and

7.

A statement that upon the occurrence of a final determination of vehicular standing, parking, or compliance violation 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 village.

h.

Any additional notices shall be served by first-class mail, postage prepaid, to the address of the registered owner of the vehicle as recorded with the Secretary of State (or applicable state), and, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or if to the lessee of the cited vehicle at the time of the lease and, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office database. Service of such notice shall be deemed complete as of the date of deposit in the United States mail.

i.

A notice of final determination of vehicular standing, parking, or compliance violation liability shall be sent following an appearance by the defendant and a determination of liability or the failure to appear by the defendant at a hearing and upon conclusion of any administrative and/or judicial review procedures, 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 village;

2.

A warning that failure to pay the fine and any penalty due and owing the village or failure to complete any required traffic education program within the time specified may result in the village'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; and

3.

A warning that the failure to pay the fine and penalty or complete any required traffic education program may result in the suspension of the person's driver's license for failure to pay fines or penalties for ten or more vehicular standing or parking violations under 625 ILCS 5/6-306.5.

j.

A defendant owing an unpaid fine or penalty for a vehicular standing, parking or compliance violation may file a motion to set aside such default judgment within 21 days after service by the village of such an order. Such a petition shall be filed by sending it, together with any documentation in support thereof, to the Traffic Compliance Administrator, by certified mail, return receipt requested, or by personal delivery to the Traffic Compliance Administrator. The grounds for such motion shall be limited to:

1.

The person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued;

2.

The person having already paid the fine or penalty for the violation in question; or

3.

Excusable failure to appear at or request a new date for a hearing.

k.

Nonresidents of the village who have been served vehicular standing, parking, or compliance regulation violation notice, in accordance with this article, may contest the violation on its merits, as could a resident, or may contest the validity without personally appearing at a hearing by filing a notarized statement of facts specifying the grounds for challenging the violation notice which must be filed with the Traffic Compliance Administrator within 30 days of the date on the violation notice. The statement shall set forth any facts relevant to establishing a defense to the alleged violation. The request shall be deemed filed upon receipt by the Traffic Compliance Administrator. The acceptance of a "nonresident request for hearing" after the due date or with cause, is at the discretion of the Traffic Compliance Administrator, and may be accepted for hearing consideration and decision. 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. 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. Service of the notice shall be complete on the date the notice is placed in the United States mail. All other provisions of this section shall apply equally to nonresidents of this village.

(Code 1993, § 2-24.7; Ord. No. 2017-O-77, 12-12-2017; Ord. No. 2018-O-26, § 4, 5-22-2018)