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G17-03 Ordinance No . G17-03 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 1 . That Chapter 11 . 62 of the Elgin Municipal Code, 1976, as amended, entitled "Administrative Adjudication, " be and is hereby further 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 fair and efficient enforcement through administrative adjudication of violations of ordinances regulating the standing and parking of vehicles and the condition and use of vehicle equipment . The administrative adjudication system set forth in this chapter is established pursuant to 625 Illinois Compiled Statutes 5/11- 208 . 3 . 11 . 62 . 030 : ESTABLISHMENT: There is hereby created a system providing for the administrative adjudication of vehicular standing and parking violations and vehicle compliance violations . For the purposes of this chapter "Compliance Violation" or "Compliance Regulation Violations" means a violation of an ordinance governing the condition or use of equipment on a vehicle . 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 determination 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, 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 chapter, hereinafter set forth, and those of section 6-306 . 5 of the Illinois Vehicle Code, 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 driver' s license suspension, in an administrative review capacity in accordance with the provisions of this chapter, hereinafter set forth. 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 2 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 (2) 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, as amended, have been paid by 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 11 . 62 . 110 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 driver' s 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 3 administrative adjudication system created in this Chapter. f The system coordinator/computer operator shall be responsible for entering and 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 driver' s 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. rft 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 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. Multiple Positions : 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: Compensation to be paid for each of the above eimb. stated positions shall be as determined and approved by the City Council . 4 t 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 driver' s license suspension, 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 notice ( "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 police officers, auxiliary police officers and community service officers shall have the authority to issue violation notices . C. Detection Of Violations : Any individual authorized to issue a violation notice pursuant to this Chapter who detects a violation of any applicable provision of this Code shall issue and serve a notice of violation 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 . The identification number of the person issuing the notice and his or her signature which shall certify the 5 correctness of the specified information as provided in section 11-208 . 3 of the Illinois Vehicle Code, as amended. 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. 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 . 8 . That payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation. 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. 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 violation 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 . 6 G. Retention Of Violation Notices : The original or a facsimile of the violation notices shall be retained by the traffic compliance administrator and kept as a record in the ordinary course of business . H. Prima Facie Evidence Of Correctness : Any violation notices issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice . I . Admissibility: The violation notices or copies shall be admissible in any subsequent administrative or legal proceeding. J. Action Upon Receiving Violation Notice . A person to whom a parking or compliance violation notice has been served pursuant to this section shall within twenty-one (21) days from the date of the parking or compliance violation notice : (1) pay the indicated fine; or (2) submit the materials set forth in section 11 . 62 . 100 of this chapter to obtain an adjudication by mail ; or (3) request an administrative hearing as set forth in section 11 . 62 . 060 of this chapter to contest the charged violation. A response by mail shall be deemed timely if postmarked within twenty- one (21) days of the issuance of the parking or compliance violation notice . K. Contest By Mail . If the respondent submits documentary evidence to contest by mail pursuant to section 11 . 62 . 100 of this chapter, the respondent shall be served with a copy of the hearing officer' s determination in accordance with section 11 . 62 . 100 of this chapter. L. Administrative Hearing. If the respondent requests an administrative hearing to contest the cited violation pursuant to section 11 . 62 . 060 of this chapter, the respondent shall be served with notice of the date, time and location of the hearing in accordance with section 11 . 62 . 060 of this chapter. Where a respondent who has requested an administrative hearing either fails to pay the indicated fine prior to the hearing or appear at a hearing, a determination of parking or compliance liability, as the case may be, shall be r'"` entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within twenty-one 7 (21) days of issuance of a determination of liability will result in the imposition of a late payment penalty pursuant to section 11 . 62 . 110 of this chapter. Upon the occurrence of a final determination of liability, any unpaid fine or penalty will constitute a debt due and owing the city. The respondent shall be served with a notice of the final determination of liability in accordance with section 11 . 62 . 070 of this chapter. M. Second Notice of Violation. If no response is made in accordance with subsection J of this section, the city traffic compliance administrator shall cause a second notice of violation to be sent to the respondent in accordance with subsection 0 herein. The notice shall specify the date and location of the violation, the make and state registration number of the cited vehicle, the code provision violated, the applicable fine, and the time and manner in which the respondent may obtain an adjudication by mail or appear at the scheduled hearing to contest the violation. If the respondent fails to pay the indicated fine or submit documentary evidence to obtain an adjudication by mail rft. within twenty-one (21) days from the date of such notice, or prove compliance as provided in section 11 . 62 . 060D7 of this chapter, or appear at the scheduled hearing, a determination of liability shall be entered in the amount of the fine indicated in the notice of violation. Failure to pay the fine within 21 days of issuance of the determination of liability will result in the imposition of a late payment penalty pursuant to subsection N herein. Upon the occurrence of a final determination of liability, any unpaid fine or penalty will constitute a debt due and owing the city. The second notice of violation shall provide the above information. N. Late Payment Penalties . Failure by any respondent to pay the fine for a parking or compliance violation within 21 days of the issuance of the determination of liability will automatically subject the respondent to a penalty for late payment in accordance with section 11 . 62 . 110 of this chapter. 0. Notices . The city traffic compliance administrator shall serve the notice of hearing, the second notice of violation, the administrative law officer ' s determination, the notice of final determination of liability, the notice 8 tow of impending vehicle immobilization and the notice of impending driver ' s license suspension, where applicable, by first class mail , postage prepaid, to the address of the registered owner of the city vehicle as recorded with the Secretary of State of Illinois . If the vehicle is registered in a state other than Illinois, the city traffic compliance administrator shall send the appropriate notice to the address of the registered owner as recorded in such other state ' s registry of motor vehicles . 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, 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, 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. 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 violation occurred. 3 . The relevant signs prohibiting or restricting parking were missing or obscured. 9 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 in chapter 11 . 52 of this title, as amended; to compliance violations relating to glass coverings or coatings in chapter 11 . 52 of this title, as amended; to compliance violations relating to seat belts and child safety requirements under sections 11 . 52 . 015 and 11 . 52 . 016 of this title, as amended; to compliance violations relating to operating a vehicle which makes unnecessary loud or unnecessary noise under section 11 . 52 . 020 of this title, as amended; to compliance violations relating to vehicle size, weight and load limits in chapter 11 . 52 of this title, as amended; and to violations relating to designated truck routes under section 11 .40 . 085 of this title, as amended. E. Hearing Officer' s Determination: The hearing shall culminate in a final 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 final determination of liability, assess fines and penalties in accordance with section 11 . 62 . 110 of this chapter. F. Representation By Attorney: Persons appearing to contest the alleged standing, parking, or compliance violation on its merits may be represented by counsel at their own expense . 10 elabk 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 . 070 : ADDITIONAL NOTICES : Upon failure of the registered owner or lessee of the cited vehicle to pay the indicated fine on the violation notice, submit the required materials to obtain an adjudication by mail , or request an administrative hearing, 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 . If the vehicle is registered in a state other than Illinois, the city traffic compliance administrator shall send the appropriate notice to the address of the registered owner as recorded in such other state ' s registry of motor vehicles . B. Shall be sent to the lessee of the cited vehicle at the ego. 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. D. 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 contain, but not be limited to, the following information: 1 . Upon the failure of the registered owner or lessee of the cited vehicle to pay the indicated fine on the violation notice, submit the required materials to obtain an adjudication by mail, or request an administrative hearing, an 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 violation notice . 11 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 . e . Notice to the registered owner or lessee of their current status, other than paid 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 the indicated fine on the violation notice, submit the required materials to obtain an adjudication by mail, or appear at the scheduled administrative hearing will result in a determination of vehicle standing, parking, or compliance regulation violation liability for the cited violation in the amount of the fine and any applicable penalty indicated. low h. 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 city. i . Statement that any motor vehicle impounded in connection with an alleged violation of section 11 .40 . 095 of this title, as amended, that is not reclaimed within thirty (30) days after the expiration of the time during which the owner of record may seek judicial review of the city' s action impounding such vehicle, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law. 2 . A notice of final determination of vehicular standing, parking, or compliance regulation violation liability shall be sent following a determination of liability, or upon to" conclusion of any administrative or judicial review, as is 12 eft 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 that may be assessed is a debt due and owing the city. b. A warning that failure to pay the fine within twenty-one (21) days of the issuance of the final determination of liability will result in the imposition of a late payment penalty in accordance with section 11 . 62 . 110 of this chapter and may result in the city' s filing a complaint in the circuit court to have the unpaid fine or penalty rendered a judgment in accordance with section 11- 208 . 3 (f) of the Illinois Vehicle Code, 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 driver' s license may be suspended for failure to pay fines or penalties for ten eft (10) or more vehicular standing or parking violations under section 6-306 . 5 of the Illinois Vehicle Code, as amended, and incorporated herein by reference . e . Statement that any motor vehicle impounded in connection with an alleged violation of section 11 . 40 . 095 of this title, as amended, that is not reclaimed within thirty (30) days after the expiration of the time during which the owner of record may seek judicial review of the city' s action impounding such vehicle, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law. 3 . A notice of impending suspension of a person' s driver' s 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 13 Illinois secretary of state that the person is eligible for initiation of suspension proceedings under section 6-306 . 5 of the Illinois Vehicle Code, as amended, and incorporated herein by reference . b. The notice of impending driver' s 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 violation liability shall : A. Occur following the failure to pay the total assessed fine after the hearing officer' s determination of vehicular standing, parking, or compliance regulation violation liability and the exhaustion of or the failure to exhaust any administrative review procedures set forth in section 11 . 62 . 090 of this chapter, and; eft B. Include as part of the final determination of liability, an order imposing late payment penalty fees in accordance with section 11 . 62 . 110 of this chapter for the failure to pay the indicated fine within twenty-one (21) days of the issuance of the final determination of liability and the exhaustion of or the failure to exhaust any administrative review procedures hereinafter set forth. 11 . 62 . 090 : ADMINISTRATIVE REVIEW: A petition to set aside a determination of vehicular standing, parking, or compliance regulation violation liability may be filed by a person owing an unpaid fine in the manner and subject to the restrictions and grounds hereinafter set forth: 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, twenty-one (21) 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 r" fourteen (14) days of the date filed. 14 ft. C. The grounds for setting aside a determination of liability f 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 violation notices were issued. 2 . The person 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 eft 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 : 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. Contest By Mail : Completing, in full , the "Contest by Mail" section of the violation notice, served upon him or her. pursuant to this chapter. 15 •. B. Signature : 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 Materials : Filing by mail with the traffic compliance administrator postmarked within twenty-one (21) days of the original violation notice issuance or within twenty-one (21) days of the date of the additional violation notice, 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 subsection 11 . 62 . 060D of this chapter. E. Determination Of Liability: Upon review of the materials submitted in accordance with subsection C of this section, the hearing officer shall make a determination of liability or non-liability. The hearing officer shall, upon a determination of liability, assess fines in accordance with section 11 . 62 . 110 of this chapter. F. Notice Of Determination: 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 of this section. G. Service Of Notice : Service of the notice of determination shall be complete on the date the notice is placed in the United States mail . H. Other Provisions Applicable : All other provisions of this chapter shall apply equally to persons contesting the violation notice by mail . 16 11 . 62 . 110 : SCHEDULE OF FINES AND PENALTIES : A. The violation of any provision of this title, as amended, restricting or regulating the standing or parking of vehicles or the condition or use of equipment on a vehicle and the violation of any provision of the Illinois Compiled Statutes governing the standing or parking of vehicles or the condition or use of equipment on a vehicle adopted by reference in this title shall be an offense punishable by a fine in the amount of twenty dollars ($20 . 00) . B. Notwithstanding the provisions of subsection A of this section, a violation of section 11 . 60 . 155 of this title, as amended, or section 11 . 60 . 156 of this title, as amended, shall be an offense punishable by a fine in the amount of one hundred dollars ($100 . 00) . C. Notwithstanding the provisions of subsection A of this section, a violation of section 11 . 40 . 095 of this title, as amended, shall be an offense punishable by a fine in the amount of two hundred fifty dollars ($250 . 00) . The owner of a vehicle impounded in connection with the violation of section 11 .40 . 095 of this title, as amended, shall also be liable for fees for the towing and storage of the vehicle as provided in section 11 .40 . 095 of this title . D. Failing to pay the indicated fine within twenty-one (21) days of the issuance of the determination of liability and the exhaustion of or the failure to exhaust any administrative review procedures as set forth in section 11 . 62 . 090 of this chapter shall result in the imposition of a late payment penalty fee in addition to the fine as follows : 1 . A penalty of thirty dollars ($30 . 00) shall be imposed if the fine is paid more than twenty-one (21) days following the issuance of the determination of liability but within forty-two (42) days following the issuance of the determination of liability. 2 . A penalty of fifty-five dollars ($55 . 00) shall be imposed if the fine is paid more than forty-two (42) days following the issuance of the determination of liability but within sixty-three (63) days following the issuance of the determination of liability. 17 3 . A penalty of eighty dollars ($80 . 00) shall be imposed if the fine is paid more than sixty-three (63) days following the issuance of the determination of liability. E. Notwithstanding the provisions of subsection D of this section, failing to pay the indicated fine for a violation of section 11 . 60 . 155 of this title, as amended, or section 11 . 60 . 156 of this title, as amended, within twenty-one (21) days of the issuance of the determination of liability and the exhaustion of or the failure to exhaust any administrative review procedures as set forth in section 11 . 62 . 090 of this chapter shall result in the imposition of a late payment penalty fee in addition to the fine as follows : 1 . A penalty of fifty dollars ($50 . 00) shall be imposed if the fine is paid more than twenty-one (21) days following the issuance of the determination of liability but within forty-two (42) days following the issuance of the determination of liability. 2 . A penalty of one hundred dollars ($100 . 00) shall be imposed if the fine is paid more than forty-two (42) days emk following the issuance of the determination of liability but within sixty-three (63) days following the issuance of the determination of liability. 3 . A penalty of one hundred fifty dollars ($150 . 00) shall be imposed if the fine is paid more than sixty-three (63) days following the issuance of the determination of liability. 11 . 62 . 120 : CERTIFIED REPORT; CONTESTING: 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 : A. 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 e► 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 18 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 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 compliance 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 . C. 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 . D. 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 determination. 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 19 more vehicular standing, parking, or compliance regulation violations, the fines or penalties for which remain unpaid. 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: (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 . 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 20 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 that 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 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 . 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 101, as amended. The notice shall provide information 21 /• 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 I of this Section, and all fines and penalties remaining due on each final determination for liability issued to such person. 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 . rft 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 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 . 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. F. The registered owner of a vehicle immobilized or towed and impounded under this Section shall have the right to a prompt administrative hearing without the requirement of 22 rik 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 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 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 five (5) 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 Law 102 , 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 G of this Section, and that if the vehicle is not claimed 23 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, as amended. I . The fee for immobilization shall be sixty dollars ($60 . 00) , the fee for towing subsequent to immobilization shall be one hundred five dollars ($105 . 00) , or one hundred thirty five dollars ($135 . 00) if the vehicle has a gross weight of eight thousand (8, 000) pounds or more, and the storage fee shall be ten dollars ($10 . 00) per day, for the first ten (10) days, and twenty dollars ($20 . 00) per day thereafter or twenty five dollars ($25 . 00) per day if the vehicle has a gross weight of eight thousand (8 , 000) pounds or more, provided that no fees shall be assessed for any immobilization or tow which has been 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 five hundred dollars ($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 Chapter shall be subject to the provisions of the Administrative Review Law as set forth in 735 Illinois Compiled Statutes 5/3-101 et seq. , as amended and incorporated herein by reference . 11 . 62 . 150 : DEBT TO CITY: 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 rm. from a standing, parking, or compliance violation shall constitute a final disposition of that violation. 24 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 monies 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, 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 violation 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 (eh penalties 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, as amended. C. Nothing shall prevent the City from consolidating multiple final determinations of standing, parking, or compliance regulation violation 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 eft. served upon the person against whom a judgment is sought under the provisions of this Chapter by any method provided 25 under section 2-203 of the Illinois Code of Civil Procedure 106, as amended, 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 violations does not exceed two thousand five hundred dollars ($2 , 500 . 00) . " Section 2 . Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. 411114.FIVAP) AK Ed -chock, Mayor tow Presented: April 2 , 2003 Passed: April 2 , 2003 Omnibus Vote : Yeas : 5 Nays : 0 Recorded: April 3 , 2003 Published: April 3 , 2003 Attest : Dolonna Mecum, City Clerk few 26