G61-99 CITY OF ELGIN
ORDINANCE NO. G61-99
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
BY ADDING CHAPTER 11.62 ENTITLED
"ADMINISTRATIVE ADJUDICATION OF TRAFFIC REGULATIONS CONCERNING
THE STANDING, PARKING AND CONDITION OF VEHICLES"
ADOPTED BY THE
CITY COUNCIL OF THE
rik
CITY OF ELGIN
ON THIS 13TH DAY OF OCTOBER, 1999
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this 15th day of
October, 1999.
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 October 13, 1999, the Corporate Authorities of
such municipality passed and approved Ordinance No. G61-99 entitled "Ordinance
Amending Elgin Municipal Code, 1976, as amended, by Adding Chapter 11.62 Entitled
"Administrative Adjudication of Traffic Regulations Concerning the Standing, Parking
land Condition of Vehicles", which provided by its terms that it should be published in
pamphlet form.
The pamphlet form of Ordinance No. G61-99, including the Ordinance and
r a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building commencing on October 15, 1999, 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 October 15, 1999.
v-H A
Municipal Clerk
(SEAL)
ORDINANCE NO.: G61-99
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
BY ADDING CHAPTER 11.62, 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
erlik
WHEREAS, the City Council of the City of Elgin has determined it is necessary and
desirable to enact an ordinance providing for the fair and efficient enforcement of municipal
vehicular standing, parking, and condition of vehicle ordinance violations through administrative
adjudication and to establish a schedule of uniform fines and penalties for such violations and the
authority and procedures for collecting any unpaid fines and penalties.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin as
follows:
Section 1. That Chapter 11.62, entitled "Administrative Adjudication of Traffic Regulations
Concerning the Standing, Parking and Condition of Vehicles," be and is hereby created as a new
chapter in Title 11 of the Elgin Municipal Code, 1976, as amended, to read as follows:
11.62.010 TITLE
This chapter shall be entitled the City of Elgin "Administrative Adjudication of Violations
of Traffic Regulations Concerning the Standing, Parking or Condition of Vehicles Ordinance."
11.62.020 PURPOSE
The purpose of this chapter is to provide for the administrative adjudication of violations of
ordinances defining compliance violations and regulating vehicular standing and parking within the
city, and to establish a fair and efficient system for the enforcement of such ordinances. The
administrative adjudication system set forth in this chapter is established pursuant to Division 2.1
of the Illinois Municipal Code and Section 11-208.3 of the Illinois Vehicle Code.
11.62.030 ESTABLISHMENT
There is hereby created a system providing for the administrative adjudication of violations
of traffic regulations concerning the standing, parking or condition of vehicles within the city.
11.62.040 ADMINISTRATION
The system of administrative adjudication of vehicular standing, parking, and compliance,
regulation violation shall provide for a traffic compliance administrator, hearing officer, computer
operator/system coordinator and hearing room personnel with the power, authority and limitations
as are hereinafter set forth:
A. Traffic Compliance Administrator. The traffic compliance administrator shall be the fiscal
services manager or his designee. 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 chapter or as may be reasonably
"' required to carry out the purpose of this chapter.
3. Collect money paid as fines and penalties assessed for violations of parking and
compliance ordinances.
4. Certify copies of final determinations of standing, parking, and compliance
regulation violations liability and factual reports verifying that the final determina-
tion of standing, parking, and compliance regulation violations liability was issued
in accordance with this chapter and Section 11-208.3 of the Illinois Vehicle Code
(625 ILCS 5/11-208.3), as amended.
5. Certify reports to the Illinois Secretary of State concerning initiation of suspension
of driving privileges in accordance with the provisions of this Ordinance,
hereinafter set forth, and those of Section 6-306.5 of the Illinois Vehicle Code
(625 ILCS 5/6-306.5), as amended.
6. Review final determinations of vehicular standing, parking, and compliance
regulation violations 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.
2
7. Promulgate rules and regulations reasonably required to operate and maintain the
administrative adjudication system hereby created.
8. Obtain the corporation counsel's advice and consent regarding the method of
collecting unpaid fines and penalties by either filing complaints in the circuit court
or selecting or appointing an individual or agency to act on behalf of this city in
filing complaints seeking judgments for unpaid fines or penalties and pursuit of
all post judgment remedies available by current law.
B. Hearing Officer. The hearing officers shall be appointed by the city council for a two-year
term and shall serve pursuant to the terms set forth in an employment agreement for such
services as determined by the city council. Hearing officers shall be subject to removal for
cause upon a majority vote of the city council. To ensure the efficient operation of the
administrative hearings, the city council may appoint more than one hearing officer. A
hearing officer shall:
1. Preside over the administrative hearings, established herein, as the adjudicator.
2. Administer oaths.
3. Issue subpoenas to secure the attendance of witnesses and the production of relevant
papers or documentation provided the applicable witness fees provided in Section 4.3
of the Circuit Courts Act (705 ILCS 35/4.3), as amended, have been paid the party
requesting the subpoena.
4. Assess fines and penalties for the violation of vehicular standing, parking, or
compliance regulation violations set forth in Section 9 of this chapter.
5. Make a final determination of:
a. The liability for any vehicular standing, parking and compliance regulation.
b. The validity of notice of any impending impoundment.
c. The validity of notice of impending drivers license suspension in accordance
with the provisions of this chapter, hereinafter set forth.
6. Provide for the accurate recording of the administrative adjudication hearings.
C. System Coordinator/Computer Operator. The system coordinator/computer operator shall
be appointed by the city manager and is hereby authorized and directed to operate and
maintain the computer programs for the administrative adjudication system created in this
chapter. The system coordinator/computer operator shall be responsible for entering and
3
tracking data and producing and when applicable, generating written documentation
pertaining to:
1. Violation notice information.
2. Hearing dates and notice dates.
3. Fine and penalty assessments and payments.
4. Issuance of payment receipts.
5. 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. Records of appearances and non-appearances at administrative hearings, pleas
entered, fines and penalties assessed and paid.
D. Hearing Room Personnel. The hearing room personnel shall be appointed by the city
manager and shall otherwise be employed as full-time, part-time or auxiliary City of Elgin
police officers. The hearing room personnel are hereby authorized and directed to:
1. Maintain hearing room decorum.
2. Have and execute the authority granted to courtroom deputies of the circuit court.
3. Perform such other duties or acts as may reasonably be required and as directed
by the hearing officer or traffic compliance administrator.
E. Nothing in this chapter shall be intended to prohibit one person from holding and fulfilling 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 and
approved by the city council.
11.62.050 PROCEDURE
The system of administrative adjudication of vehicular standing, parking, and compliance
regulation violations shall be in accordance with the following procedures and final determinations
of liability of vehicular standing, parking, and compliance regulation violations, validity of notice
of impending impoundment, validity of notice of impending drivers license suspension,
r 4
impoundment of vehicle and collections shall be made only in accordance with the provisions set
forth below:
A. Violation Notice. A vehicular standing,parking, and compliance regulation violation notices
("violation notice") shall be issued by the persons 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 and part-time City of Elgin police officers, auxiliary police
officers and community service officers shall have the authority to issue violations notices.
C. Detection of Violations. Any individual authorized to issue a violations notice pursuant to
this chapter who detects a violation of any applicable provision of this code shall issue and
serve a notice of violation notice as set forth in this chapter.
D. Contents of Violation Notice. The vehicular standing, parking, and compliance regulation
violation notice shall contain,but shall not be limited to, the following information:
1. The date, time and place of the violation.
2. The particular vehicular standing, parking, or compliance regulation violated.
3. The vehicle make and state registration number.
4. The fine and any penalty which may be assessed for late payment.
5. Th identification number of the person issuing the notice and his or her signature
which shall certify the correctness of the specified information as provided in Section
11-208.3 of the Illinois Vehicle Code, as amended.
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 or her name and current address in the place provided.
c. Signing his or her name in the appropriate indicated place.
5
d. Filing the violation notice with the "Request for Hearing" portion
fully completed with the traffic compliance administrator post-
marked within ten (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 shall operate as
a final disposition of the violation.
9. A section entitled "Non-Resident Request for Hearing—Non-Appearance"which
clearly sets forth that a non-resident 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,
"Non-Resident Request for Hearing—Non-appearance."
b. Placing his or her name and current address in the place provided.
c. Signing his or her name in the appropriate indicated place.
d. Filing the violation notice with the "Non-Resident Request for
Hearing" portion fully completed with the traffic compliance
administrator postmarked within ten(10)days of the violation notice
issuance. The request shall be deemed filed upon receipt by the traffic
compliance administrator.
e. Filing a sworn and notarized statement of facts specifying the
grounds for challenging the violation notice which must be filed with
the traffic compliance administrator postmarked within ten (10) days
of the violation notice issuance. The request shall be deemed filed, if
post marked by the due dates herein specified.
f. A clearly marked statement that execution of the Non-Resident Request for
Hearing is a waiver of the non-resident's right to a personal appearance and
that the adjudication will be made based upon the sworn and notarized state-
ment of facts submitted by the non-resident and the facts contained in the
violations notices.
6
E. Service of Violation Notices. Service of the violation notices shall be made by the person issuing
such notice by either:
1. Affixing the original or a facsimile of the notice to an unlawfully standing or
parked vehicle.
2. Handing the notice to the registered owner, operator or lessee of the vehicle, if
present.
F. Certification of Facts Alleged in Violation Notice. The correctness of facts contained in the
vehicular standing,parking, or compliance regulation violations notices shall be certified by
the person issuing said notice by either:
1. Signing his or her name to the notices at the time of service.
2. Signing a single certificate, to be retained by the traffic compliance administrator,
attesting to the correctness of all notices produced by the device while under his/her
control when the violation notice is produced by a computer device.
G. Retention of Violation Notices. The original or a facsimile of the violations notices shall be
retained by the traffic compliance administrator and kept as a record in the ordinary course
of business.
H. Prima Facia Evidence of Correctness. Any violations notices 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.
I. Admissibility. The violations notices or a copies shall be admissible in any subsequent
administrative or legal proceeding.
11.62.060 ADMINISTRATIVE HEARINGS
An administrative hearing to adjudicate the alleged standing, parking, or compliance
regulation violation on its merits shall be conducted in accordance with the following provisions.
A. Persons Entitled to Hearings. The registered owner or operator of the cited vehicle shall
be entitled to an administrative hearing pursuant to Section 11-208.3 of the Illinois
Vehicle Code (625 ILCS 5/11-208.3), as amended and the lessee of the cited vehicle shall
also be entitled to an administrative hearing pursuant to Section 11-1306 of the Illinois
Vehicle Code (625 ILCS 5/11-1306) as amended, both statutory provisions being
incorporated into this chapter by reference.
B. Hearing Dates. 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 shall be given not less than three (3) opportunities to appear.
elmk Failure to appear by the third scheduled hearing date will result in a "Final Determination
of Liability" as hereinafter set forth.
C. Tape Recordings. Hearings shall be tape recorded.
D. Grounds for Review. A person charged with a vehicular standing,parking, or compliance
regulation violation may contest the charge at an administrative hearing limited to one or
more of the following grounds with appropriate evidence to support:
1. The person issued the violation notice was not the owner or lessee of the cited
vehicle at the time of the violation.
2. The cited vehicle or its state registration plates were stolen at the time the viola-
tion occurred.
3. The relevant signs prohibiting or restricting parking were missing or obscured.
4. The relevant parking meter was inoperable or malfunctioned through no fault of
the person issued the violation notice.
5. The facts alleged in the vehicular standing, parking, or compliance regulation
violation notice are inconsistent or do not support a finding that the specified
regulation was violated.
6. The illegal condition described in the compliance violation notice did not exist at
the time the notice was issued.
7. The compliance violation has been corrected prior to the adjudication of the
charge; provided, however, that this defense shall not be applicable to compliance
violations involving motor vehicle exhaust systems under Section 12-602 of
Chapter 11.52 of this code, as amended; to compliance violations relating to glass
coverings or coatings under Section 12-503 of Chapter 11.52 of this code, as
amended; to compliance violations relating to vehicle size, weight and load limits
under Sections 15-100 through 15-203, inclusive, of Chapter 11.52 of this code,
as amended; and, to violations relating to designated truck routes under Section
11.40.085 of Chapter 11.40 of this code, as amended.
E. Hearing Officer's Determination. The hearing shall culminate in a determination of liability or
non-liability made by the hearing officer after considering 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 Section
11.62.110 of this chapter.
8
F. Representation by Attorney. Persons appearing to contest the alleged standing,parking,
or compliance violation on it's merits may be represented by counsel at their own
expense.
G. Review. The final determination of any matter which may be decided by the Hearing
Officer may be reviewed as is hereinafter set forth.
11.62.050 ADDITIONAL NOTICES
Upon failure of the registered owner or lessee of the cited vehicle to appear at the administra-
tive hearing indicated in the vehicular standing,parking,or compliance regulation violations notices,
or upon final determination of violation liability, the traffic compliance administrator shall send or
cause to be sent additional notices which:
A. Shall be sent to the registered owner or lessee of the cited vehicle at the address as is
recorded with the Illinois Secretary of State.
B. 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.
C. Shall be sent by first class mail, postage prepaid.
rD. Service of additional notices sent in accordance herewith shall be complete as of the date of
deposit in the United States mail.
E. 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, or compliance regulation viola-
tions notices, additional notices 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 violations notices.
b. Particular standing, parking, or compliance regulation violated.
c. Vehicle make and state registration.
d. Fine and any penalty that may be assessed for late payment.
9
e. Notice to the registered owner or lessee of their current status,other than paid
eilmk 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 fine and any applicable penalty or failure
to appear at the hearing on it's merits on the date and at the time and place
specified will result in a final determination of vehicle standing, parking, or
compliance regulation 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 violations 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 city.
2. A notice of final determination of vehicular standing, parking, or compliance
regulation 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 or judicial review, as
e'' 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 city.
b. A warning that failure to pay the fine and any penalty due and owing
the city within the time specified may result in the city's filing a
complaint in the circuit court to have the unpaid fine or penalty
rendered a judgement in accordance with Section 11-208.3(f) of the
Illinois Vehicle Code (625 ILCS 5/11-208.3 (f)), as amended, and
incorporated herein by reference.
c. A warning that the vehicle owned by the person and located within the city
may be impounded for failure to pay fines or penalties for five (5) or more
vehicular standing,parking, or compliance regulation violations.
d. A warning that the person's drivers license may be suspended for failure to
pay fines or penalties for ten (10) or more vehicular standing or parking
violations under Section 6-306.5 of the Illinois Vehicle Code (625 ILCS 5/6-
306.5), as amended, and incorporated herein by reference.
10
enik 3. 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 ten (10) or more vehicular standing or parking regulation
violations:
a. The notice shall state that the failure to pay the fine or penalty owing
within forty-five (45) days of the date of the notice will result in the
city's notifying the Illinois Secretary of State that the person is
eligible for initiation of suspension proceedings under Section 6-
306.5 of the Illinois Vehicle Code(625 ILCS 5/6-306.5), as amended,
and incorporated herein by reference.
b. The notice of impending drivers license suspension shall be sent by first class
United States mail,postage prepaid, to the address recorded with the Illinois
Secretary of State.
11.62.080 FINAL DETERMINATION OF LIABILITY
A final determination of vehicular standing, parking, or compliance regulation violations
liability shall:
A. Occur following the failure to pay the total assessed fine and any penalty after the hearing
officer's determination of vehicular standing, parking, or compliance regulation 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 violations 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 violations liability shall become final;
1. Upon denial of a timely petition to set aside that determination, or
2. Upon the expiration of the period for filing petition without a filing having been
made.
11.62.090 ADMINISTRATIVE REVIEW
A petition to set aside a determination of vehicular standing, parking, or compliance
regulation violations 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:
r 11
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, fourteen(14) days from the date
the determination of liability is made.
B. The traffic compliance administrator shall act upon the petitions timely filed and render a
decision thereon within fourteen(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, or
compliance regulation violations notices were issued.
2. The person's having paid the fine and any penalty prior to the determination of
liability for the violations 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, the traffic compliance administrator shall:
1. Notify the registered owner, or lessee, as the case may be, that the determination
of liability has been set aside.
2. 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 notices are deposited in the
United States mail.
11.62.100 NON-RESIDENT PROCEDURES
Non-residents of this city who have been served vehicular standing, parking, or compliance
regulation violations notices, in accordance with this chapter, may contest the alleged violation on
its merits at an administrative hearing or may contest the validity of the alleged violation without
personally appearing at an administrative hearing by:
A. Completing, in full,the "Non-Resident Request for Hearing" section of the violation notice,
served upon him or her pursuant to this chapter.
12
B. Signing the "Non-Resident Request for Hearing" 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 sworn and notarized statement filed by him or her and the
facts contained in the violation notice.
C. Filing the violation notice with the "Request for Hearing" section fully completed with the
traffic compliance administrator postmarked within ten (10) days of the violation notice
issuance. The request shall be deemed filed upon receipt by the traffic compliance
administrator.
D. Filing a sworn and notarized a statement of facts specifying the grounds for challenging the
violation notice which must be filed with the traffic compliance administrator postmarked
within ten(10)days of the violation notice issuance. The request shall be deemed filed upon
receipt by the traffic compliance administrator. The traffic compliance administrator may,
with good cause shown, accept a"Non-Resident Request For Hearing" received after the due
date and schedule the same for hearing consideration and decision.
E. Grounds for Review. A person charged with a vehicular standing, parking, or compliance
regulation violation may contest the charge at a non-resident administrative hearing by asserting
one or more of the grounds, with appropriate evidence to support, set forth in Section
11.62.060(D) of this chapter.
F. The hearing officer shall make an adjudication based upon the facts set forth in the sworn
and notarized statement of facts filed by the non-resident and as is contained in the violation
notice.
G. Notice of the determination of the hearing officer shall be served upon the non-resident by
first class mail,postage prepaid, addressed to the non-resident at the address set forth in the
statement of facts submitted.
H. Service of the notice shall be complete on the date the notice is placed in the United States
mail.
I. All other provisions of this chapter shall apply equally to non-residents of this city.
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 ten (10) days of the issuance of
the violation notice provided a request for hearing contesting the violation notice has not
13
been filed. A fine of$100.00 shall be imposed if paid within ten (10) 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
contesting the violation notice has not been filed.
B. Level Two. A fine of$25.00 shall be imposed if paid more than ten (10) days after the
issuance of the violation notice but before the first scheduled hearing date. A fine of$150.00
shall be imposed if paid ten more than(10)days after the issuance of the violation notice but
before 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 on the first scheduled hearing date or
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 on the first scheduled hearing date
or 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
or 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
or 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.
11.62.120 CERTIFIED REPORT AND CONTESTING CERTIFIED REPORT
Certified Reports shall be made to the Illinois Secretary of State when a person fails to pay
ten(10)or more vehicular parking regulation violations in accordance with the following provisions:
14
F. Upon a failure to pay fines and penalties deemed due and owing the city after the exhaustion
of administrative procedures set forth herein for ten (10) or more vehicular parking regulation
violations, the traffic compliance administrator shall make a certified report to the Illinois
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 ten(10) or more violations of city vehicular
standing or parking regulations and thereby cause the suspension of that person's driver's
license.
G. 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 compli-
ance administrator shall submit to the Illinois 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.
H. Persons may challenge the accuracy of the certified report by completing a form provided
by 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 receiving ten(10)
or more violation notices on the date or dates such notices were issued; or
2. The person has paid the fine and any penalties for the ten(10) or more violations
indicated on the certified report.
I. The traffic compliance administrator shall render a determination within fourteen (14)
business days of receipt of the objection form and shall notify the objector of the determina-
tion.
11.62.130 IMMOBILIZATION, TOWING AND IMPOUNDMENT
The immobilization, towing and impoundment of motor vehicles shall be conducted in
accordance with the following provisions:
A. Any motor vehicle whose registered owner has been determined to be liable for five (5) 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 five (5) or more vehicular standing, parking, or
compliance regulation violations, the fines or penalties for which remain unpaid.
C 15
2. The person determined to be liable for five (5) or more violations is the registered
owner of a motor vehicle located within the city's jurisdiction.
3. A pre-towing notice has been sent to the registered owner of the motor vehicle
which contains, but shall not be limited to the following:
a. That a final determination has been made on five (5) 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:
i. The name and address of the registered owner.
ii. The state registration number of the vehicle or vehicles registered to
the owner.
iii. The vehicular standing, parking, or compliance regulation violation
notice number.
iv. The date of issuance of the violation notices.
elk
v. The total amount of fines and penalties assessed.
c. That 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.
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.
elk
16
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 documen-
tary 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 five (5) or more final determina-
tions 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.
C. Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a
conspicuous place. Such notice shall warn that the vehicle is immobilized and that any
attempt to move the vehicle may result in its damage. The notice shall also state that the
unauthorized removal of or damage to the immobilizing restraint is a violation of Sections
16-1 and 21-1 of the Illinois Criminal Code(720 ILCS 5/16-1 and 5/21-1), as amended. The
notice shall provide information specifying how release of the immobilizing restraint may
be had, and how the registered owner may obtain an immobilization hearing. If the restraint
has not been released within forty-eight (48) hours of its placement, the restraint shall be
released and the vehicle towed and impounded.
D. The owner of an immobilized vehicle or other authorized person may secure the release of
the vehicle by paying the immobilization,towing and storage fees provided in subsection(F)
herein, and all fines and penalties remaining due on each final determination for liability
issued to such person.
17
E. 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:
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 of this
chapter for non-payment of fines or penalties assessed for the violation of
five (5) 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.
a. The date of notice of immobilization or towing and impoundment.
b. 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.
F. The registered owner of a vehicles 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.
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 impound-
ment 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 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:
18
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 five (5) or more final determina-
tions 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 Law (735 ILCS 5/3-101 et seq.), as amended and
incorporated herein by reference.
H. Within ten(10)days after a vehicle has been impounded, a notice of impoundment shall be
sent by certified mail,return receipt requested,to the address of the registered owner as listed
with the Illinois Secretary of State. The notice shall state that the owner has the right to
request a post-immobilization hearing as provided in subsection (D) herein, and that if the
vehicle is not claimed within thirty(30)days from the date of the notice,the vehicle may be
sold or otherwise disposed of in accordance with Section 4-208 of the Illinois Vehicle Code
(625 ILCS 5/4-208), as amended.
The fee for immobilization shall be$60.00,the fee for towing subsequent to immobilization
shall be$105.00, or$135.00 if the vehicle has a gross weight of 8000 pounds or more, and
the storage fee shall be $10.00 per day, for the first ten days, and $20.00 per day thereafter
or $25.00 per day of the vehicle has a gross weight of 8000 pounds or more, provided that
no fees shall be assessed for any immobilization or tow which has bee determined to be
erroneous.
J. It shall be unlawful to relocate or tow any vehicle restrained by an immobilization device
without the written approval of the city traffic compliance administrator. The registered
owner of the immobilized vehicle and any person who relocates an immobilized vehicle in
violation of this subsection shall be subject to a penalty of$500.00 for such violation.
11.62.140 JUDICIAL REVIEW
Judicial review of final determinations of vehicular standing, parking, or compliance
regulation violations and final administrative decisions issued after hearings regarding vehicle
immobilization or towing and impoundment made under this section shall be subject to the
provisions of the Administrative Review Law as set forth in 735 ILCS 5/301, et seq., as amended
and incorporated herein by reference.
11.62.150 DEBT TO CITY
19
Any fine, penalty or part of any fine or any penalty assessed in accordance with the
provisions of this chapter 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 city 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.
11.62.160 JUDGMENT
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 actions, execute all required documents and subject to the advice and consent of the
corporation counsel, appoint or retain any individual or agency deemed appropriate to obtain a
judgment against and collect moneys from the persons who have been assessed fines or penalties
which remain unpaid and have become a debt due and owing the city in accordance with this chapter
and Section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), as amended,by:
A. 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 violations
liability has been made.
B. The complaint filed by the traffic compliance administrator or individual or agency on behalf
of the city seeking entry of a judgment against an individual for unpaid fines and or penalties
ruk pursuant to a final determination of standing, parking, or compliance regulation violations
shall have appended:
1) A certified copy of the final determination of the standing, parking, or
compliance regulation violations.
2) A certification that recites facts sufficient to show that the final determination
of standing, parking, or compliance regulation violations was issued in
accordance with this chapter and Section 11-208.3 of the Illinois Vehicle
Code (625 ILCS 5/11-208.3), as amended.
C. Nothing shall prevent the city from consolidating multiple final determinations of standing,
parking,or compliance regulation violations liability in an action in the circuit court against
an individual.
D. Pursuing all available remedies, allowed by law, to collect money judgments.
E. 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 Section
2-203 of the Illinois Code of Civil Procedure (735 ILCS 5/2-203), as amended incorporated by
reference, or by certified mail, return receipt requested, provided the total amount of fines and
20
#11" not for final determination of standing,parking, or compliance regulation violations does
not exceed $2,500.00.
Section 2. Severability. Should a court of competent jurisdiction determine that one or more
sections or subsections of this ordinance is or are invalid, the remaining sections and subsections
hereof shall remain in full force and effect.
Section 3. That Section 11.76.010,entitled"Procedure Upon Arrest," of Chapter 11.76 of the
Elgin Municipal Code, 1976, as amended, be and is hereby further amending by adding new
subsection(C) to read as follows:
C. By issuing a violation notice in accordance with the provisions set forth in Chapter
11.62 of this code, as amended, for the violation of any provision of Tile 11 of this
code, as amended, restricting or regulating the standing, parking or condition of
vehicles, or 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.
Section 4. That Section 11.76.050, entitled"Penalty for Parking Violation," of Chapter 11.76
of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed in its entirety.
Section 5.Repealer. Any and all ordinances,sections or subsections of ordinances in conflict
e" with the provisions of this ordinance are hereby repealed.
Section 6. Effective Date. This ordinance, upon its passage and publications as required by
law, shall become effective on December 1, 2000.
/ /
Ed Schock, Mayor
Presented: October 13 , 1999
Passed: October 13 , 1999
Vote: Yeas 7 Nays 0
Recorded: October 14 , 1999
Published: October 15 , 1999
Attest:
40, A,Ai ,
Dolonna Mecum, City Clerk
21