Chapter 10-08
ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS
Sections:
10-08-010 Establishment of administrative adjudicative system.
10-08-020 Parking administrator.
10-08-030 Parking violation notices.
10-08-050 Hearing on violation.
10-08-060 Service of additional notices.
10-08-070 Notice of impending driver’s license suspension.
10-08-080 Final determinations of parking violation liability.
10-08-090 Petition to set aside determination of parking violation liability.
10-08-100 Procedure for nonresidents.
10-08-120 Judicial enforcement.
10-08-130 Fines and penalties for violations.
10-08-010 Establishment of administrative adjudicative system.
The city establishes a system of administrative adjudication of vehicular standing and parking violations. The administrative system shall only have authority to adjudicate civil offenses carrying fines not in excess of two hundred fifty dollars ($250.00) as provided in Section 11-208.3 of the Illinois Motor Vehicle Code. (Ord. 2629 § 1 (part), 1989)
10-08-020 Parking administrator.
The position of parking administrator is established. The parking administrator is authorized to adopt, distribute and process parking violation notices and other notices required by this chapter, to collect money paid as fines and penalties for violation of parking ordinances, and to operate an administrative adjudication system. The parking administrator also may make a certified report to the secretary of state pursuant to Section 6-306.5 of the Illinois Motor Vehicle Code, as now existing, or hereafter amended. The parking administrator shall be appointed by the mayor and shall serve at the pleasure of the mayor for an indefinite term. (Ord. 2629 § 1 (part), 1989)
10-08-030 Parking violation notices.
Hang-on violation notices shall be used for parking or standing vehicle violations. The hang-on parking violation notice shall specify the date, time and place of violation; the particular standing or parking regulation violated; the fine and any penalty which may be assessed for late payment, when so provided by ordinance; the vehicle make and state registration number, and the signature and identification number of the person issuing said notice. The parking violation notice shall state that the payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation. Such notice also shall contain information as to the availability of a hearing in which the violation may be contested on its merits. The parking violation notice shall specify the time and manner in which such a hearing may be had. (Ord. 2629 § 1 (part), 1989)
10-08-040 Service of notice.
Service of the hang-on parking violation notice shall be by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of such a vehicle if he or she is present. A person authorized by ordinance to issue and serve parking violation notices shall certify as to the correctness of the facts entered on the parking violation notice by signing his or her name to the notice at the time of service. The original or a facsimile of the parking violation notice shall be retained by the parking administrator, and shall be a record kept in the ordinary course of business. A parking violation notice issued, signed and served in accordance with this section, or a copy of such notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown therein. The notice or copy thereof shall be admissible in any subsequent administrative or legal proceedings. (Ord. 2629 § 1 (part), 1989)
10-08-050 Hearing on violation.
An opportunity for a hearing shall be granted to the registered owner of the vehicle cited in the parking violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply; provided, however, that pursuant to Section 11-1306 of the Motor Vehicle Code, as now existing or hereafter amended, the lessee of a vehicle cited in the parking violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the registered owner. Such hearings shall be recorded, and the person conducting the hearing on behalf of the parking administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at a hearing pursuant to this section may be represented by counsel at their expense. The decision of the hearing officer shall be final. (Ord. 2629 § 1 (part), 1989)
10-08-060 Service of additional notices.
Service of additional notices sent by first class United States mail, postage prepaid, shall be to the address of the registered owner of the cited vehicle as recorded with the secretary of state or, pursuant to Section 11-1306 of the Motor Vehicle Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease. Such service shall be deemed complete as of the date of deposit in the United States mail. Such notices shall be in the following sequence and shall include the information specified herein:
A. A second notice of violation shall be sent if a violator fails to appear at the scheduled hearing date. This notice shall specify the date and location of the violation notice, the particular standing or parking regulation violated, the vehicle make and state registration number, the fine and any penalty which may be assessed for late payment when so provided by ordinance, the availability of a hearing in which the violation may be contested on its merits, and the time and manner in which such hearing may be had. The notice of violation shall also state that failure either to pay or to appear at a hearing on the merits in the time and manner specified therein will result in a final determination of parking violation liability for the cited violation in the amount of the fine or penalty indicated therein, and that, upon the occurrence of a final determination of parking violation liability for such failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing to the city.
B. A notice of final determination of parking violation liability shall be sent. This notice shall be sent following a final determination of parking violation liability and the conclusion of judicial review procedures taken pursuant to this chapter. The notice shall state that the unpaid fine or penalty is a debt due and owing the city. The notice shall contain warnings that failure to pay any fine or penalty due and owing the city within the time specified therein may result in the city’s filing of a petition in the circuit court to have the unpaid fine or penalty rendered a judgment as provided by this chapter, or may result in suspension of the person’s driver’s license for failure to pay fines or penalties for ten or more parking violations pursuant to Section 6-306.5 of the Motor Vehicle Code. (Ord. 2629 § 1 (part), 1989)
10-08-070 Notice of impending driver’s license suspension.
A notice of impending driver’s license suspension shall be sent to the person liable for any fine or penalty that remains due and owing on ten or more parking violations. The notice shall state that failure to pay the fine or penalty owing within forty-five (45) days of the notice’s date will result in the city notifying the secretary of state that the person is eligible for initiation of suspension proceedings pursuant to Section 6-306.5 of the Motor Vehicle Code. 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 secretary of state by the parking administrator. (Ord. 2629 § 1 (part), 1989)
10-08-080 Final determinations of parking violation liability.
A final determination of parking violation liability shall occur following failure to pay the fine or penalty after a hearing officer’s determination of parking violation liability. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer’s determination of parking violation liability shall become final: (a) upon denial of a timely petition to set aside that determination; or (b) upon expiration of the period for filing such petition without a filing having been made. (Ord. 2629 § 1 (part), 1989)
10-08-090 Petition to set aside determination of parking violation liability.
A person owing an unpaid fine or penalty may petition to set aside a determination of parking violation liability within ten working days after the hearing officer’s determination. Said petition shall be in writing and shall specify the grounds relied upon by the petitioner. The parking administrator shall grant or deny the petition within fourteen (14) days of the receipt of the petition. The grounds for the petition are limited to: (a) the person not having been the owner or lessee of the cited vehicle on the date the parking violation was issued; (b) the person having already paid the fine or penalty for the parking violation in question; and (c) excusable failure to appear at or request a new date for a hearing. After the determination of parking violation liability has been set aside upon a showing of just cause, the registered owner shall be provided with a hearing on the merits for that violation. (Ord. 2629 § 1 (part), 1989)
10-08-100 Procedure for nonresidents.
A. Persons who are not residents of the city may contest the merits of the alleged violation without attending a hearing as provided herein by submitting a waiver of hearing and notarized statement of facts specifying grounds for challenging the citation. Such documentation must be received by the parking administrator within the time for requesting a hearing.
B. The hearing officer shall issue to the parking administrator a finding based on the statement of facts.
C. The parking administrator shall notify the nonresident of the hearing officer’s determination.
D. In all other respects, the procedures set forth in this chapter shall apply to nonresidents. (Ord. 2629 § 1 (part), 1989)
10-08-110 Judicial review.
Pursuant to the Motor Vehicle Code, judicial review of final determinations of parking violations made pursuant to this chapter shall be subject to the provisions of the Administrative Review Law. (Ord. 2629 § 1 (part), 1989)
10-08-120 Judicial enforcement.
Any fine, penalty or part of any fine or penalty remaining unpaid after the exhaustion of, or the failure to exhaust, administrative remedies created pursuant to 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 applicable law. Payment in full of any fine or penalty resulting from a standing or parking violation shall constitute a final disposition of that violation. (Ord. 2629 § 1 (part), 1989)
10-08-130 Fines and penalties for violations.
Except as provided in Sections 10-08-030 and 10-08-040 of this code, every person who violates any provisions of this title shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) per violation. As provided in this code, the Harvey police department will charge a fee and tow the vehicle. (Ord. 3421 § 12, 2021; Ord. 3353 § 1, 2017; Ord. 3248A § 1, 2011; Ord. 3190 § 1, 2007)