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HomeMy WebLinkAboutG50-13 Ordinance No. G50-13 AN ORDINANCE AMENDING CHAPTER 11.62 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ADMINISTRATIVE ADJUDICATION" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section l: That Section 11.62.130 of the Elgin Municipal Code, 1976, as amended, entitled "Immobilization, Towing and Impoundment" be and is hereby further amended by amending Paragraph A thereof to read as follows: "A. Any motor vehicle whose registered owner has been determined to be liable for three (3) or more vehicular standing, parking, or compliance regulation violations, for which the fines or penalties assessed remain unpaid, may be immobilized or towed and impounded by a towing contractor designated by the city if: 1. The traffic compliance administrator has determined that a person has been determined to be liable for three (3) or more vehicular standing, parking, or compliance regulation violations, the fines or penalties for which remain unpaid. 2. The person determined to be liable for three (3) or more violations is the registered owner of a motor vehicle located within the city's jurisdiction." 3. A pretowing notice has been sent to the registered owner of the motor vehicle which contains, but shall not be limited to, the following: a. A final determination has been made on three (3) or more vehicular standing, parking, or compliance regulation violations, the fines and penalties for which remain unpaid. b. A listing of the violations for which the person has been determined to be liable, which shall include for each violation: (1) The name and address of the registered owner. (2) The state registration number of the vehicle or vehicles registered to the owner. (3) The vehicular standing, parking, or compliance regulation violation notice number. (4) The date of issuance of the violation notices. (5) The total amount of fines and penalties assessed. C. The motor vehicle owned by the person and located within the city is subject to immobilization or towing and impoundment if the fines and penalties are not paid within fourteen (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 vehicles 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." Section 2. That Section 11.62.130 of the Elgin Municipal Code, 1976, as amended, entitled "Immobilization, Towing and Impoundment" be and is hereby further amended by amending Paragraph B thereof to read as follows: "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 sixty (60) days after the request for hearing is filed. 1. 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 fourteen (14) days of the date of the notice. Grounds for review shall be limited to documentary evidence which would conclusively disprove liability upon one or both of the following grounds: a. All fines and penalties for the violations cited in the notice have been paid in full. b. The registered owner has not accumulated three (3) or more final determinations of parking or compliance violation liability which were unpaid at the time the notice of impending vehicle immobilization was issued. 2. The traffic compliance administrator shall serve notice of the hearing date upon the registered owner. 3. Notice shall be sent by first class mail, postage prepaid, to the address as is set forth on the request for hearing. 4. Service of the notice shall be complete on the date it is placed in the United States mail. 5. The hearing officer shall render a determination of the objector's claim at the scheduled hearing date." Section 3. That Section 11.62.130 of the Elgin Municipal Code, 1976, as amended, entitled "Immobilization, Towing and Impoundment" be and is hereby further amended by amending Paragraph E thereof to read as follows: "E. The traffic compliance administrator shall serve a posttowing 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: 1. The date of immobilization or towing and date of impoundment. 2. The location of vehicle. 3. A statement that the vehicle was immobilized under this section for nonpayment of fines or penalties assessed for the violation of three (3) or more violations of vehicular standing, parking, or compliance regulations for which the registered owner has been determined liable and notified of impending immobilization or towing and impoundment. 4. The date of notice of immobilization or towing and impoundment. 5. A statement 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, fourteen (14) days of the date of the notice. The notice shall be deemed filed upon receipt by the traffic compliance administrator." Section 4. That Section 11.62.130 of the Elgin Municipal Code, 1976, as amended, entitled "Immobilization, Towing and Impoundment" be and is hereby further amended by amending Paragraph G thereof to read as follows: G. Upon the receipt of a timely 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. The traffic compliance administrator shall serve notice of the hearing date upon the registered owner. Notice shall be sent by first class mail, postage prepaid, to ' 4 the address as is set forth on the request for hearing. Service of the notice shall be complete on the date it is placed in the United States mail. 1. The grounds for review by which the registered owner may contest the validity of the immobilization or impoundment shall be limited to documentary evidence which would conclusively establish that the immobilization or impoundment was erroneous based upon one or both of the following grounds: a. All fines and penalties for the violations cited in the notices upon which the immobilization or impoundment was based have been paid in full prior to the immobilization or impoundment. b. The registered owner has not accumulated three (3) or more final determinations of parking or compliance violation liability which were unpaid at the time of the immobilization or impoundment. 2. 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 the Illinois administrative review laws, as amended and incorporated herein by reference." Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 6. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. kap"ain, NXyor Presented: November 20, 2013 Passed: November 20, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 20, 2013 Published: : November 22, 2013 Attest: FRWU Kimberly Dewis, Cit Clerk