O-96-07 10/22/2007VILLAGE OF LEMONT
ORDINANCE NO.l7
AN ORDINANCE ADDING TITLE 11 TO THE MUNICIPAL CODE OF THE VILLAGE
OF LEMONT IN REGARD TO THE ADMINISTRATIVE ADJUDICATION OF
VEHICULAR REGULATION VIOLATIONS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 22ND DAY OF OCTOBER, 2007.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this 22nd
day of October, 2007
ORDINANCE NO./, qd 7
AN ORDINANCE ADDING TITLE 11 TO THE MUNICIPAL CODE OF THE VILLAGE
OF LEMONT IN REGARD TO THE ADMINISTRATIVE ADJUDICATION OF
VEHICULAR REGULATION VIOLATIONS
BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Lemont,
County of Cook, State of Illinois, as follows:
Section 1: The Lemont Municipal Code is hereby amended by adding the following
new Title 11 thereto which shall read in its entirety as follows:
TITLE 11: ORDINANCE ENFORCEMENT THROUGH ADMINISTRATIVE
ADJUDICATION OF VEHICULAR REGULATION VIOLATIONS
11.01. Pub:
The stated purpose of this section is to provide for the fair and efficient
enforcement of municipal regulations through the administrative adjudication of
violations of Village ordinances regulating the standing and parking of vehicles,
the condition and use of vehicle equipment and the display of vehicle licenses or
stickers within the Village borders, and establishing a schedule of uniform fines
and penalties, and authority and procedures for collection of unpaid fines and
penalties.
2. For purposes of this section, "vehicle compliance violation" means the violation
of any regulation governing the condition or use of equipment on a vehicle or
governs the display of Village licenses or stickers.
11.02. Adoption: To accomplish the foregoing purpose, Section 11-208.3 of the Illinois Vehicle
Code (625 ILCS 5/11-208.3 et seq.) is hereby adopted in its current form and as it may be
amended from time to time for adjudication of vehicular regulation violations to the
extent permitted by the Illinois constitution.
11.03. Code: As used in this section, unless the context requires otherwise, Code means any
offense under the Illinois Vehicle Code (adopted by the Village under Title 10 of the
Code) or a similar offense that is a traffic regulation governing the movement of vehicles
and except for a reportable offense under section 6-204 of the Illinois Vehicle Code (625
ILCS 5/6-204).
11.04. Administrative Composition: The system of administrative adjudication of the foregoing
ordinance violations shall provide for a Hearing Officer, Ordinance Enforcement
Administrator, System Coordinator and hearing room personnel (deputy), with the power,
authority and limitations as are hereinafter set forth:
Hearing Officer: The Hearing Officer is hereby authorized and directed to:
a. preside over administrative hearings, as the adjudicator;
b. administer oaths;
C. issue subpoenas to secure the attendance of witnesses and production of
relevant papers or documentation;
d. assess fines and penalties for any ordinance violation;
e. make final determination of:
1. vehicular standing and/or parking regulation violations liability,
vehicle compliance violations, vehicle sticker liability or any other
ordinance violation authorized to be adjudicated pursuant to this
section.
2. validity of notice of impending impoundment.
3. validity of notice of impending driver's license suspension.
f. Provide for the accurate recordation of all administrative adjudication
hearings.
2. Ordinance Enforcement Administrator: For purposes of this section, the
Ordinance Enforcement Administrator is hereby authorized and directed to:
a. operate and manage the system of administrative adjudication of vehicular
standing, parking and compliance regulation violations;
b. adopt, distribute and process parking and compliance violation notices and
other notices as may be required under this section or as may be
reasonably required to carry out the purpose of this section;
C. collect money paid as fines and/or penalties for violations of parking and
compliance ordinances;
d. conduct hearings, as a Hearing Officer, with the same power and authority
as is hereinafter set forth during the absence of the appointed Hearing
Officer.
e, certify copies of final determinations of standing and/or parking regulation
violation liability, vehicle compliance violation, vehicle sticker violation
or any other ordinance violation adjudicated pursuant to this section, and
any factual reports verifying the final determination of any violation
liability which was issued in accordance with this section or the laws of
the state, including 625 ILCS 5/11-208.3 as from time to time amended.
f. certify reports to the Secretary of State concerning initiation of suspension
of driving privileges in accordance with the provisions of this section as
hereinafter set forth, and those of 625 ILCS 5/6-306.5.
g. review any final determination of vehicular standing and/or parking
regulation violation liability, vehicle compliance violation 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 section.
h. review any final determination of any vehicle sticker violation or any
other ordinance violation adjudication pursuant to this section.
promulgate rules and regulations reasonably required to operate and
maintain the administrative adjudication system hereby created;
collect unpaid fines and penalties by filing complaints in the Circuit Court
of Cook County or selecting or appointing an individual or agency to act
on behalf of the Village in filing complaints seeking judgments for unpaid
fines or penalties and pursuit of all post judgment remedies available by
current law.
k. select or appoint an individual, agency or firm to tow and impound
vehicles in accordance with the provisions of this section as hereinafter set
forth.
3. System Coordinator: The System Coordinator is hereby authorized and directed
to operate and maintain the computer programs for the administrative adjudication
system created, on a day-to-day basis, including but not limited to:
a. input of violation notice information.
b. establishing court dates and notice dates.
C. record fine and penalty assessment and payments.
d. issue payment receipts.
e. issue succeeding notice of hearing dates and/or final determination of
liability, issue notice of impending impoundment, issue notice of
impending driver's license suspension, as directed by the ordinance
enforcement administrator in accordance with the provisions hereinafter
set forth.
f. keep accurate records of appearances and nonappearance at administrative
hearings, pleas entered, fines and penalties assessed and paid.
4. Hearing Room Personnel: Hearing room personnel shall be qualified off-duty,
full-time, part-time or auxiliary police officers who are authorized and directed to:
a. maintain hearing room decorum.
b. have and execute authority as is granted to courtroom deputies of the
circuit court.
C. perform such other duties or acts as may reasonably be required and as
directed by the Hearing Officer or ordinance enforcement administrator.
5. Appointments: The Mayor or his designee is hereby authorized, with the advice
and consent of the Village Board of Trustees, to appoint the foregoing positions.
One person may hold and fulfill the requirements of one or more of the above
stated positions.
6. Compensation: Compensation for each of the above stated positions shall be as
approved by the Village Board of Trustees.
11.05. Procedure: The system of administrative adjudication of vehicle standing or parking
regulation, vehicle compliance violation, vehicle sticker violation or any other ordinance
violation authorized to be adjudicated pursuant to this section shall be in accordance with
the following procedures:
Violation Notice: Violation notice of vehicular standing or parking regulation,
vehicle compliance violation or vehicle sticker violation or other ordinance
violation shall be issued by the persons authorized and shall contain information
and shall be served, and have evidentiary admissibility as is set forth in this
section.
2. Authorization: All full-time, part-time and auxiliary police officers as well as
other specifically appointed individuals shall have the authority to issue violation
notices.
Violation Detection: Any individual authorized pursuant to this section to issue
violation notices and who detects an ordinance violation authorized to be
adjudicated under this section or a violation of any section of any Village
ordinance restricting, regulating or prohibiting the standing or parking of motor
vehicles, the vehicle compliance requirements or the vehicle sticker requirements
shall issue a notice of violation thereof and shall make service thereof as is set
forth in this section.
4. Contents of Violation Notice: The vehicular standing, parking and compliance
regulation "violation notice" shall contain, but shall not be limited to, the
following information:
a. The date, time and place of the violation (date of issuance).
b. The particular vehicular standing, parking or compliance regulation
violated.
C. Vehicle make and state registration number.
d. The fine and any penalty which may be assessed for late payment.
e. The signature and identification number of the person issuing the notice.
f. 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:
1. Checking or placing a mark in a space provided and clearly
identified "request for hearing".
2. Placing his/her name and current address in the place provided.
3. Signing his/her name in the appropriate indicated place.
4. Filing the violation notice, with the request for hearing portion
fully completed, with the Ordinance Enforcement Administrator
postmarked by the twenty fifth of the month, if the violation notice
was issued between the first through the fifteenth day of the month,
or postmarked by the tenth of the month, if the violation notice was
issued between the sixteenth and the end of the prior month. The
request shall be deemed filed upon receipt by the Ordinance
Enforcement Administrator.
g. The date, time and place of an administrative hearing at which the
violation may be contested on its merits.
h. That payment of the indicated fine and any late payment penalty shall
operate as a final disposition of the violation.
i. A section entitled "nonresident request for hearing - nonappearance",
which clearly sets forth that a nonresident registered owner or lessee may
appear at the initial administrative hearing to contest the validity of the
violation notice without personally appearing by:
1. Checking or placing a mark in a space provided and clearly
identified "nonresident request for hearing - nonappearance".
2. Placing his/her name and current address in the place provided.
3. Signing his/her name in the appropriate indicated place
4. Filing the violation notice, with the "nonresident request for
hearing" portion fully completed, with the Ordinance Enforcement
Administrator postmarked by the twenty fifth of the month, if the
violation notice was issued between the first through the fifteenth
day of the month, or postmarked by the tenth of the month, if the
violation notice was issued between the sixteenth and the end of
the prior month. The request shall be deemed filed upon receipt by
the Ordinance Enforcement Administrator.
5. Filing a notarized statement of facts specifying the grounds for
challenging the violation notice which must be filed with the
Ordinance Enforcement Administrator postmarked by the twenty
fifth of the month, if the violation notice was issued between the
first through the fifteenth day of the month, or postmarked by the
tenth of the month, if the violation notice was issued between the
sixteenth and the end of the prior month. The request shall be
deemed filed, if postmarked by the due dates herein specified.
6. A clearly marked statement that execution of the nonresident
request for hearing is a waiver of the nonresident's right to a
personal appearance and that the adjudication will be made based
upon the notarized statement of facts submitted by the nonresident
and the facts contained in the violation(s) notice(s).
5. Service Of Violation Notice: Service of the violation(s) notice(s) shall be made by
the person issuing such notice by:
a. Affixing the original or a facsimile of the notice to an unlawfully standing
or parked vehicle; or
b. Handing the notice to the registered owner, operator or lessee of the
vehicle, if present.
Certification Of Facts: The correctness of facts contained in the vehicular
standing, parking or compliance regulation violation(s) notice(s) shall be certified
by the person issuing said notice by:
a. Signing his/her name to the notice(s) at the time of service; or
b. In the case of a notice produced by a computer device, by signing a single
certificate, to be kept by the Ordinance Enforcement Administrator,
attesting to the correctness of all notices produced by the device while
under his/her control.
7. Violation Notice Retained: The original or a facsimile of the violations notice(s)
shall be retained by the Ordinance Enforcement Administrator and kept as a
record in the ordinary course of business.
8. Prima Facie Evidence Of Correctness: Any violation(s) notice(s) 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.
9. Admissibility In Legal Proceedings: Violation(s) notice(s) or a copy(s) shall be
admissible in any subsequent administrative or legal proceeding.
11.06. Administrative Hearings:
An administrative hearing to adjudicate any alleged ordinance violation on its
merits, or to contest the validity of a notice of impending impoundment or the
validity of a notice of impending driver's license suspension shall be:
a. granted to the registered owner or operator of the cited vehicle, pursuant to
625 ILCS 5/11-208.3, or the lessee of the cited vehicle, pursuant to 625
ILCS 5/11-1306, incorporated herein by reference,
b. at the date, time and place as is set forth in the violation notice issued and
served, the second notice issued in accordance with this section or as is set
by the ordinance enforcement administrator and served upon the registered
owner, operator or lessee for hearings contesting the validity of notices of
impending impoundment or driver's license suspension.
C. be recorded
d. culminate in a determination of liability or nonliability, made by the
Hearing Officer, who shall consider facts and/or testimony 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 11.11.
2. Persons appearing to contest the alleged violation on its merits may be
represented by counsel at their own expense.
3. The final determination of any matter which may be decided by the Hearing
Officer may be reviewed as is set forth in this section.
11.07. Additional Notices:
Upon failure of the registered owner or lessee of the cited vehicle to appear at the
administrative hearing indicated in the vehicular standing, parking or compliance
regulation violation(s) notice(s) or upon final determination of violation liability,
the Ordinance Enforcement Administrator shall send or cause to be sent
additional notices which shall be:
a. sent to the registered owner of the cited vehicle at the address as is
recorded with the Secretary of State; or
b. 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; and
c. sent by first class mail, postage prepaid.
2. Service of additional notices sent in accordance herewith shall be complete as of
the date of deposit in the United States mail.
3. The additional notices sent in accordance herewith shall be in the following
sequence and contain, but not be limited to, the following information:
a. 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 violation(s) notice(s), additional notice(s) shall be
sent, as above set forth, and shall contain, but not be limited to, the
following information:
1. Date and location of violation cited in the vehicular standing,
parking or compliance regulation violation(s) notice(s).
2. Particular standing, parking or compliance regulation violated.
3. Vehicle make and state registration.
4. Fine and any penalty that may be assessed for late payment.
5. Notice to the registered owner or lessee of their current status,
other than paid in full.
6. Date, time and place of the administrative hearing at which the
alleged violation may be contested on its merits.
7. Statement that failure to either pay the fine and any applicable
penalty or failure to appear at the hearing on its merits on the date
and at the time and place specified will result in a final
determination of vehicle standing, parking, or compliance
regulation violation(s) liability for the cited vehicle violation in the
amount of the fine and penalty indicated.
8. Statement that upon the occurrence of a final determination of
vehicular standing, parking or compliance violation(s) 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
Village.
b. A notice of final determination of vehicular standing, parking or
compliance regulation violation(s) 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 and/or judicial review, as is hereinafter set forth, and
the notice shall contain, but not be limited to, the following information
and warnings:
1. A statement that the unpaid fine and any penalty assessed is a debt
due and owing the Village.
2. A warning that failure to pay the fine and any penalty due and
owing the Village within the time specified may result in the
Village's filing a complaint in the Circuit Court to have the unpaid
fine or penalty rendered a judgment in accordance with 625 Illinois
Compiled Statutes 5/11-2083(f), incorporated herein by reference.
3. A warning that the person's driver's license may be suspended for
failure to pay fines or penalties for ten (10) or more vehicular
standing or parking violations under 625 Illinois Compiled Statutes
5/6-306.5, incorporated herein by reference.
4. A warning that the vehicle owned by the person and located within
the Village may be impounded for failure to pay fines or penalties
for ten (10) or more vehicular standing, parking or compliance
regulation violation(s).
C. 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, parking or compliance regulation violation(s):
1. 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 Village's notifying the Secretary of State that the
person is eligible for initiation of suspension proceedings under
625 Illinois Compiled Statutes 5/6-306.5 incorporated herein by
reference.
2. The notice of impending driver's license suspension shall be sent
by first class mail, postage prepaid, to the address recorded with
the Secretary of State.
11.08. Final Determination Of Liability: A final determination of vehicular standing, parking
compliance regulation violation(s) liability shall:
Occur following the failure to pay the total assessed fine or penalty after the
Hearing Officer's determination of vehicular standing, parking or compliance
regulation violation(s) liability and the exhaustion of or the failure to exhaust any
administrative review procedures hereinafter set forth; or
2. Where a person fails to appear at a prior hearing or by the third and final
administrative hearing provided to contest the alleged violation(s) 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
violation(s) liability shall become final:
a. Upon denial of a timely petition to set aside that determination; or
b. Upon the expiration of the period for filing petition without a filing having
been made.
11.09. Administrative Review: A petition to set aside a determination of vehicular standing,
parking or compliance regulation violation(s) 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:
A written petition to set aside a determination of liability must be filed in the
office of the Ordinance Enforcement Administrator within, but not later than,
fourteen (14) days from the date the determination of liability is made.
The Ordinance Enforcement Administrator shall act upon the petitions timely
filed and render a decision thereon within fourteen (14) days of the date filed.
The grounds for setting aside a determination of liability shall be limited to the
following:
a. 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(s) notice(s) was issued.
b. The person's having paid the fine or penalty prior to the determination of
liability for the violations in question.
C. Excusable failure to appear at or request a new date for a hearing.
Should the determination of liability be set aside, the Ordinance Enforcement
Administrator shall:
a. Notify the registered owner, or lessee, as the case may be, that the
determination of liability has been set aside.
b. 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.
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.
Service of the notice(s) shall be complete on the date the notice(s) is deposited in
the United States mail.
11.10. Nonresident Procedures:
Nonresidents of this Village who have been served vehicular standing, parking or
compliance regulation violation(s) notice(s), in accordance with this section, may
contest the alleged violation on its merits, as could a resident, or may contest the
validity without personally appearing at an administrative hearing by:
a. Completing, in full, the "nonresident request for hearing" section of the
violation notice, served upon him/her pursuant to this section.
b. Signing the nonresident request for hearing in the space specified in the
violation notice and acknowledging that his/her personal appearance is
waived and submitting to an adjudication based upon the notarized
statement filed by him/her and the facts contained in the violation notice.
C. Filing the violation notice with the "request for hearing" section fully
completed with the Ordinance Enforcement Administrator postmarked by
the twenty fifth of the month, if the violation notice was issued between
the first through the fifteenth day of the month, or postmarked by the tenth
of the month, if the violation notice was issued between the sixteenth and
the end of the prior month. The request shall be deemed filed upon receipt
by the Ordinance Enforcement Administrator.
d. Filing a notarized statement of facts specifying the grounds for
challenging the violation notice which must be filed with the Ordinance
Enforcement Administrator postmarked by the twenty fifth of the month,
if the violation notice was issued between the first through the fifteenth
day of the month, or postmarked by the tenth of the month, if the violation
notice was issued between the sixteenth and the end of the prior month.
The request shall be deemed filed upon receipt by the Ordinance
Enforcement Administrator. The acceptance of a "nonresident request for
hearing" after the due date or with cause, at the discretion of the
Ordinance Enforcement Administrator, be accepted for hearing
consideration and decision.
2. The Hearing Officer shall make an adjudication based upon the facts set forth in
the notarized statement of facts filed by the nonresident as is contained in the
violation notice.
3. Notice of the determination of the Hearing Officer shall be served upon the
nonresident by first class mail, postage prepaid, addressed to the nonresident at
the address set forth in the statement of facts submitted.
4. Service of the notice shall be complete on the date the notice is placed in the
United States mail.
5. All other provisions of this section shall apply equally to nonresidents of this
Village.
11.11. Schedule of Fines and Penalties:
The fines and penalties which shall be imposed pursuant to Illinois statute 625 ILCS 5/11-208.3
shall be as follows:
1. For violation of sections under Title 10, any compliance violation or violation of
any village ordinance regulating, restricting or prohibiting the standing or parking
of motor vehicles along the streets, byways, alleyways, regulated parking lots or
such other locations as may be controlled by off-street parking agreements,
located within the geographical boundaries of this village, other than for
handicapped parking, the fine shall be:
a. From the date the citation is issued up to and including the first hearing
date $75.00.
b. Upon failure to pay the fine amount by the date of the first hearing date up
to the second hearing date, $150.00.
C. Upon failure to pay the fine amount by the date of the second hearing date
up to the third hearing date, $200.00.
d. Upon failure to pay the fine amount by the date of the third hearing date,
$250.00.
2. For violation of any village ordinance regulating, restricting or prohibiting the
standing or parking of motor vehicles along the streets, byways, alleyways,
regulated parking lots or such other locations as may be controlled by off-street
parking agreements, located within the geographical boundaries of this village for
areas specifically designated for handicapped parking, the fine shall be:
kht da?4- of f +6,e--
a. From the date the citation is issued up to and AW\RlAhearing,
$ 360 .
b. Upon failure to pay the ne amo t by the d e of the first he mg date up
to the second hearing dat $
c. Upon failure to pay the fi ount by the date o the cond hearing date
up to the third hearing te, $
d. Upon failure to pay e fine amo t by the date the ird hearing date,
11.12. Certified Report and Contesting, Certified Report:
1. Upon a failure to pay fines and penalties deemed due and owing the Village after
the exhaustion of administrative procedures set forth herein for ten (10) or more
vehicular parking regulation violation(s), the Ordinance Enforcement
Administrator shall make a certified report to the Secretary of State stating that
the owner of a registered vehicle has failed to pay any fine or penalty due and
owing the Village as a result of ten (10) or more violations of municipal vehicular
standing, parking or compliance regulations and thereby cause the suspension of
that person's driver's license.
2. The Ordinance Enforcement Administrator shall take no further action unless and
until the fines and penalties due and owing the Village are paid or upon
determination that the inclusion of the person's name on the certified report was in
error. At such time, the Ordinance Enforcement Administrator shall submit to the
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.
Persons may challenge the accuracy of the certified report by completing a form
provided by the office of the Ordinance Enforcement Administrator. The form
shall specify the grounds on which such challenge is based. Grounds for challenge
shall be limited to the following:
a. The person was neither the owner nor the lessee of the vehicle(s) receiving
ten (10) or more violation notices on the date or dates such notices were
issued; or
b. The person has paid the fine and/or penalty for the ten (10) or more
violations indicated on the certified report.
4. The Ordinance Enforcement Administrator shall render a determination within
fourteen (14) business days of receipt of the objection form and shall notify the
objector of the determination.
11.13. Immobilization/Towing and Impoundment:
1. Conditions Enumerated: Any motor vehicle whose registered owner has been
determined to be liable for ten (10) or more vehicular standing, parking or
compliance regulation violation(s), for which the fines or penalties assessed
remain unpaid, may be immobilized or towed and impounded if
a. The Ordinance Enforcement Administrator has determined that a person
has been determined to be liable for ten (10) or more vehicular standing,
parking or compliance regulation violation(s), the fines or penalties for
which remain unpaid.
b. The person determined to be liable for ten (10) or more violations is the
registered owner of a motor vehicle located within the Village
geographical boundaries.
C. A pre-towing notice has been sent to the registered owner of the motor
vehicle located within the geographical boundaries of the Village which
contains, but shall not be limited to the following:
I. That a final determination has been made on ten (10) or more
vehicular standing, parking or compliance regulation violation(s),
the fines and penalties for which remain unpaid.
2. A listing of the violations for which the person has been
determined to be liable, which shall include for each violation:
(a) The vehicular standing, parking or compliance regulation
violation notice number.
(b) Date of issuance.
(c) Total amount of fine(s) and penalty(s) assessed.
3. That the motor vehicle(s) owned by the person and located within
the Village is subject to immobilization and/or towing and
impoundment if the fines and penalties are not paid within fourteen
(14) days of the date of the notice.
4. That 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 Ordinance
Enforcement Administrator within, but not later than, fourteen (14)
days of the date of the notice. The request for hearing shall be
deemed filed upon receipt by the Ordinance Enforcement
Administrator.
d. The motor vehicle(s) 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 Ordinance
Enforcement Administrator to contest the validity of the notice.
e. Upon the receipt of the request for hearing to contest the validity of the
notice of impending immobilization or towing and impoundment, the
Ordinance Enforcement 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 Ordinance Enforcement Administrator shall serve notice of the
hearing date upon the registered owner.
2. Notice shall be sent by first class mail, postage prepaid to the
address as is set forth on the request for hearing.
3. Service of the notice shall be complete on the date it is placed in
the United States mail.
2. Right To A Hearing: The registered owner of a vehicle(s) 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.
a. The Ordinance Enforcement 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. Date of immobilization or towing and date of impoundment.
2. Location of vehicle.
3. That the vehicle was immobilized under this section of this section
for nonpayment of fines or penalties assessed for the violation of
ten (10) or more violations of vehicular standing, parking or
compliance regulation(s) for which the registered owner has been
determined liable and notified of impending immobilization or
towing and impoundment.
4. Date of notice of impending immobilization or towing and
impoundment.
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 Ordinance Enforcement Administrator
within, but not later than, fourteen (14) days of the date of the
notice which shall be deemed filed upon receipt by the Ordinance
Enforcement Administrator.
b. Upon the receipt of the request for hearing to contest the validity of the
immobilization or towing and impoundment, the Ordinance Enforcement
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 Ordinance
Enforcement Administrator for good cause shown, but in no case shall the
hearing be scheduled later than sixty (60) days after the request for hearing
is filed.
1. The Ordinance Enforcement Administrator shall serve notice of the
hearing date upon the registered owner.
2. Notice shall be sent by first class mail, postage prepaid to the
address as is set forth on the request for hearing.
3. Service of the notice shall be complete on the date it is placed in
the United States mail.
C. 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 735 Illinois Compiled Statutes 5/3-101 et
seq., incorporated herein by reference.
3. Release Of Impounded Vehicle: A vehicle impounded pursuant to this section
shall be released to the registered owner thereof, or his agent, upon payment of
the fines and penalties due and owing the Village as specified in the notice sent in
accordance herewith and the payment of towing charges and accrued daily
impound charges or upon order of the Hearing Officer following hearing
contesting the validity of the impoundment.
4. Retain Services Of Towing Agency: The Ordinance Enforcement Administrator
shall appoint or retain the services of an individual agency or company to tow and
impound vehicles in accordance herewith, provided:
a. The individual, agency or company is fully licensed according to local and
state law.
b. The individual, agency or company is fully insured.
C. The individual, agency or company has available a secured impound area
within which to retain vehicles impounded hereunder. For the purpose of
this section, a secured area shall mean an area bounded by a fence, chain
link or otherwise, of a sufficient height and with locking gates so as to
minimize or prevent unauthorized entry into the impounded vehicles.
11.14. Judicial Review: Judicial review of final determinations of vehicular standing, parking or
compliance regulation violation(s) and final administrative decisions issued after
hearing(s) regarding vehicle immobilization or towing and impoundment made under this
section shall be subject to the provisions of the Administrative Review Law as is set forth
in 735 Illinois Compiled Statutes 5/3-101, et seq., incorporated herein by reference.
11.15. Debt to Village: Any fine, penalty or part of any fine or any penalty assessed in
accordance with the provisions of this section and remaining unpaid after the exhaustion
of, or the failure to exhaust, administrative remedies created under this section and the
conclusion of any judicial review procedures shall be a debt due and owing the Village
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 violation shall constitute a final
disposition of that violation.
11.16. Judgment:
The Ordinance Enforcement 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 action(s), execute all required
documents and appoint or retain any individual or agency deemed appropriate to
obtain a judgment against and collect monies from the person(s) who has been
assessed fines or penalties which remain unpaid and have become a debt due and
owing the Village in accordance with the provisions of this section and 625
Illinois Compiled Statutes 5/11-208.3 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(s) liability has been made.
b. The complaint filed by the Ordinance Enforcement Administrator or
individual or agency on behalf of the Village seeking entry of a judgment
against an individual for unpaid fines and/or 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 violation(s).
2. A certification that recites facts sufficient to show that the final
determination of standing, parking or compliance regulation
violation(s) was issued in accordance with this section and 625
Illinois Compiled Statutes 5/11-208.3.
C. Nothing shall prevent the Village from consolidating multiple final
determinations of standing, parking or compliance regulation violation(s)
liability in an action in the Circuit Court against an individual.
d. Pursuing all available remedies, allowed by law, to collect money
judgments.
2. 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 section by any
method provided under 735 Illinois Compiled Statutes 5/2-203, 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 violation(s) does not exceed two thousand five hundred dollars
($2,500.00).
11.17. Immobilization of Vehicles; Eligibility:
A vehicle shall be eligible for immobilization under the following criteria:
a. The registered owner of the motor vehicle has accumulated ten (10)
complaints or more issued by the Village of Lemont police department
which are not adjudicated, for which no payment has been made, or for
which no appearance has been filed within the time specified by the
parking violation complaints; and
b. The registered owner of said motor vehicle must have received notice of
eligibility for immobilization under the procedures listed herein.
2. Written notice of eligibility for immobilization shall be sent by certified mail,
return receipt requested, and by first class mail, postage prepaid, to the registered
owner of the motor vehicle, at the address to which the motor vehicle is
registered, at least twenty-one (21) days prior to placing the registration plate
number on the eligibility list. Notice shall be sent as follows:
a. The address of the registered owner shall be determined from the records
of the Illinois Secretary of State, or in the case of a vehicle bearing a
registration number of a state other than Illinois, from the records of that
state's registry of motor vehicles;
b. The notice shall state the name and address of the registered owner, the
state registration number of the motor vehicle, the nature of the ordinances
violated and the serial numbers and issue dates of the complaints referred
to herein; and
c. The notice shall advise that a person may challenge the validity of the
notice of eligibility for immobilization as set forth herein.
A challenge of the validity of the notice of eligibility for immobilization must be
made in person to the chief of police, or his/her designee, only on grounds which
would conclusively disprove liability, such as:
a. The person was not the owner or lessee of the motor vehicle on the date or
dates the complaints were issued; or
b. The fines or penalties for the violations cited were paid; or
c. The registered owner has not accumulated ten (10) or more parking
violation complaints which are unpaid, not adjudicated, or for which no
appearance has been filed.
4. Should no determination be made that eligibility of the motor vehicle for
immobilization be invalid within the twenty-one (21) day period, the state
registration number of said vehicle shall be placed on the immobilization list and
immobilization shall proceed as follows:
a. A notice shall be placed in a conspicuous place on motor vehicle warning
that any attempt to move the vehicle while the immobilization device is
attached may result in damage to the vehicle;
b. The notice shall set forth the following procedures for release of the
immobilization device; the owner of the immobilized vehicle, or another
authorized person, may within twenty-four (24) hours:
1. pay all fees for immobilization and penalties due on the
outstanding complaints listed in the notice of eligibility for
immobilization, or may pay a deposit prior to a hearing as provided
herein; or
2. Present copies of appearances filed with the clerk of the Circuit
Court of Cook County on all outstanding complaints specified in
the notice of eligibility; or
3. Deposit collateral in the amount of the number of outstanding
complaints listed in the notice of eligibility for immobilization
times five dollars ($5.00) but not to exceed five hundred dollars
($500.00) and execute an agreement to present copies of
appearances filed with the clerk of the Circuit Court of Cook
County on all outstanding complaints specified in the notice of
eligibility for immobilization within twenty-one (21) days from the
date of the agreement. Such collateral shall be returned upon
receipt of copies of the appearances, but shall be forfeited if the
owner does not present such copies and the forfeited collateral may
not be used to satisfy any unpaid fees or penalties. Upon forfeiture
of collateral, the motor vehicle involved shall again be subject to
immediate immobilization and no further deposit of collateral as
described in this subsection shall again be allowed as a method of
release; and
c. The notice shall warn the owner that the immobilized vehicle will be
towed and impounded if release is not obtained hereunder within twenty-
four (24) hours after the vehicle has been immobilized and that the costs
of immobilization, towing and impoundment must be paid in addition to
the penalties due on the outstanding complaints listed on the notice of
eligibility for impoundment, or the deposit for a hearing as provided
herein.
5. Within fifteen (15) days after a vehicle has been towed and impounded, notice of
impoundment shall be sent by certified mail, return receipt requested, and by first
class mail, postage prepaid to the registered owner of the motor vehicle at the
address to which the motor vehicle is registered. The notice shall state that the
owner has a right to a hearing as specified herein, and that if release is not
obtained under the procedures herein within thirty (30) days the vehicle will be
considered an abandoned vehicle as provided in this section and subject to
disposal as provided.
6. The fee for immobilization shall be seventy five dollars ($75.00) and the fee for
towing shall be as invoiced; provided, however, that no fees shall be assessed for
any immobilization or tow which has been determined to be in error pursuant to a
hearing which shall be held under the following procedure:
a. A deposit of twenty five dollars ($25.00) on the immobilization fee and
twenty five dollars ($25.00) on the towing fee must be submitted within
twenty-one (21) days of the receipt of a notice pursuant hereto, or twenty-
one (21) days after immobilization, whichever is later, with a written
demand to the chief of police for a hearing on whether the motor vehicle
was properly included on the immobilization list;
b. The hearing shall be held before the Village's Hearing Officer within
forty-eight (48) hours of the receipt of the demand and the deposit
required, unless an extension of time is agreed to by the parties;
C. Failure to demand or to attend a scheduled hearing shall be deemed a
waiver of the right to a hearing. In the event of a failure to attend the
scheduled hearing the deposit shall be forfeited and applied to towing or
immobilization fees specified herein; and
d. A hearing as provided in this subsection shall not determine the validity of
or otherwise adjudicate any citation or parking violation issued relative to
the immobilized vehicle but only shall determine the validity of
assessment of the fees for immobilization and/or towing.
11.18. Impact On Other Administrative Adjudication Systems: This section shall not affect the
validity of systems of administrative adjudication authorized by State law and adopted by
the Village.
Section 2: This Ordinance shall become effective ten (10) days after publication.
Section 3: Any and all Ordinances, section or subsections of Ordinances in conflict
herewith are herby repealed.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE
COUNTIES ILLINOIS on this
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Day of , 2007.
AYES NAYS PASSED ABSENT
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Village Clerk