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