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HomeMy WebLinkAboutG11-00 CITY OF ELGIN ORDINANCE NO. G11-00 AN ORDINANCE AMENDING CHAPTER 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED "ADMINISTRATIVE ADJUDICATION OF TRAFFIC REGULATIONS CONCERNING THE STANDING, PARKING AND CONDITION OF VEHICLES ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 22ND DAY OF MARCH 2000 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 24th day of March 2000. rik STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on March 22, 2000, the Corporate Authorities of such municipality passed and approved Ordinance No. G11-00 entitled "ADMINISTRATIVE ADJUDICATION OF TRAFFIC REGULATIONS CONCERNING THE STANDING, PARKING AND CONDITION OF VEHICLES," which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G11-00, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the "" municipal building commencing on March 24, 2000, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on March 24, 2000. Municipal Clerk (SEAL) r Ordinance No . G11-00 AN ORDINANCE AMENDING CHAPTER 11 . 62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ADMINISTRATIVE ADJUDICATION OF TRAFFIC REGULATIONS CONCERNING THE STANDING, PARKING AND CONDITION OF VEHICLES" WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII , Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the condition of motor vehicles and their standing and parking on the streets and highways within the municipality pertains to the government and affairs of the City of Elgin; and WHEREAS, in addition to the home rule powers conferred upon the City of Elgin by the 1970 Constitution of the State of Illinois, Section 11-208 . 3 of the Illinois Vehicle Code (625 ILCS 5/11-208 . 3) authorizes the City of Elgin to provide for a system of administrative adjudication of traffic regulations concerning the standing parking or condition of vehicles; and WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to enact an ordinance to amend the procedures relating to contesting violation notices by mail and to make technical corrections that will clarify the schedule of fines and penalties for the enforcement of municipal vehicular standing, parking, and condition of vehicle ordinance violations through administrative adjudication. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 11 . 62 . 050D, Subparagraphs 6, 7 and 9 of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "6 . Information as to the availability of an administrative hearing at which the registered owner or lessee may appear in person and contest the violation notice on its merits and the time and manner in which such hearing may be had. " tow "7 . The date, time and place of an administrative hearing at which the violation may be contested on its merits or a statement the person will be notified of a hearing time . " ... "9 . Information as to the availability for an adjudication by mail by which the registered owner or lessee may contest by mail without personally appearing the merits of the violation notice and the manner in which such contest by mail may be had. " Section 2 . That Section 11 . 62 . 100 of the Elgin Municipal Code, 1976, as amended, entitled "Non-Resident Procedures" be and is hereby further amended to read as follows : "11 . 62 . 100 CONTEST BY MAIL PROCEDURES . Persons who have been served vehicular standing, parking, or compliance regulation violation notices, in accordance with this chapter may contest the validity of the alleged violation without personally appearing at an administrative hearing by: A. Completing, in full, the "Contest by Mail " section of the violation notice, served upon him or her pursuant to this chapter. B. Signing the "Contest by Mail" in the space specified in the violation notice, and acknowledging that his or her personal appearance is waived and submitting to an adjudication based upon the signed statement and other supporting materials filed by him or her and the facts contained in the violation notice . C. Filing by mail with the traffic compliance administrator postmarked within ten (10) days of the violation notice issuance, the following materials : The violation notice with the "Contest by Mail" section fully completed; 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 . D. Grounds for Review. A person charged with a vehicular standing, parking, or compliance regulation violation may contest the charge by mail by asserting one or more of the grounds, with appropriate evidence to support, set forth in Section 11 . 62 . 060 (D) of this chapter. E. Upon review of the materials submitted in accordance with said Subsection C herein, the hearing officer shall make a determination of liability or non-liability. The hearing officer shall, upon a determination of liability, assess 2 fines and penalties in accordance with Section tel 11 . 62 . 110 of this chapter. A Level Two fine amount shall apply if paid within twenty-one (21) days of the service of the notice of determination of liability to a person who has contested a violation notice by mail, otherwise the fine amount shall be as set forth in Section 11 . 62 . 110 of this chapter. F. Notice of the determination of the hearing officer shall be served upon the person contesting a violation notice by mail by first class mail , postage prepaid, addressed to the person at the address set forth in the materials submitted in accordance with Subsection C hereof . G. Service of the notice of determination shall be complete on the date the notice is placed in the United States mail . H. All other provisions of this chapter shall apply equally to persons contesting violation notice by mail . " Section 3 . That Section 11 . 62 . 110 of the Elgin Municipal Code, 1976, as amended, entitled "Schedule of Fines and Penalties" is hereby amended to read as follows : "11 . 62 . 110 SCHEDULE OF FINES AND PENALTIES . The violation of any provision of Title 11 of this code, as amended, restricting or regulating the standing, parking or condition of vehicles, and the violation of any provision of the Illinois Compiled Statutes governing the standing, parking, or condition of vehicles adopted by reference in Title 11 of this code, shall be a civil offense punishable by the fines set forth as follows : A. Level One. A fine of $10 . 00 shall be imposed if paid within thirty (30) days of the issuance of the violation notice provided a request for hearing or a contest by mail contesting the violation notice has not been filed. A fine of $100 . 00 shall be imposed if paid within thirty (30) days of the issuance of a violation notice alleging a violation of Section 11 . 60 . 155 of this code (unauthorized use of parking spaces reserved for handicapped persons) , as amended, or Section 11 . 60 . 156 of this code (handicapped parking spaces) , as amended, provided a request for hearing or a contest by mail contesting the violation notice has elk not been filed. B. Level Two. A fine of $25 . 00 shall be imposed if paid more than thirty (30) days after the 3 issuance of the violation notice but not later than the first scheduled hearing date . A fine of $150 . 00 shall be imposed if paid more than thirty (30) days after the issuance of the violation notice but not later than the first scheduled hearing date for any violation notice alleging a violation of Section 11 . 60 . 155 of this code (unauthorized use of parking spaces reserved for handicapped persons) , as amended, or Section 11 . 60 . 156 of this code (handicapped parking spaces) , as amended. C. Level Three . A fine of $50 . 00 shall be imposed if paid after the first scheduled hearing date and before the second scheduled hearing date . A fine of $175 . 00 shall be imposed for any violation notice alleging a violation of Section 11 . 60 . 155 of this code (unauthorized use of parking spaces reserved for handicapped persons) , as amended, or Section 11 . 60 . 156 of this code (handicapped parking spaces) , as amended, if paid after the first scheduled hearing date and before the second scheduled hearing date . D. Level Four. A fine of $75 . 00 shall be imposed if paid on the second scheduled hearing date and before the third scheduled hearing date . A fine of $200 . 00 shall be imposed for any violation notice alleging a violation of Section 11 . 60 . 155 of this code (unauthorized use of parking spaces reserved for handicapped persons) , as amended, or Section 11 . 60 . 156 of this code (handicapped parking spaces) , as amended, if paid on the second scheduled hearing date and before the third scheduled hearing date . E. Level Five . A fine of $100 . 00 shall be imposed if paid on the third scheduled hearing date or upon a finding of liability for the violation by the hearing officer after the registered owner or operator of the vehicle cited in the violation notice failed to appear at the third scheduled hearing. A fine of $250 . 00 shall be imposed for any violation notice alleging a violation of Section 11 . 60 . 155 of this code (unauthorized use of parking spaces reserved for handicapped persons) , as amended, or Section 11 . 60 . 156 of this code (handicapped parking spaces) , as amended, if paid on the third scheduled hearing date or upon a finding of liability for the violation by the hearing officer after the registered owner or operator of the vehicle cited in the violation notice failed to appear at the third scheduled hearing. " eft Section 4 . All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. 4 •. Section 5 . This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. --=‘%r--// Ed Schock, Mayor Presented: March 22 , 2000 Passed: March 22 , 2000 Vote : Yeas 7 Nays 0 Recorded: March 23 , 2000 Published: March 24, 2000 Attest : 0-18 ,<7 Dolonna Mecum, City Clerk eft r 5