2014-10-06 - Ordinance 2014-069 - ADDING CHAPTER 2.63, TRAFFIC ADMINISTRATIVE HEARING SYSTEMWS A WPM V.
no. �s-, mik iIii ill Iiti o 1111 1101111ii 111 11 11 � lo 111,11' MUM
SYSTEM. TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
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WHEREAS, the Village has previously created the Village Administrative Hearing
System by Village Ordinance No. 2004-46 which was codified in Chapter 2.62 of the Buffalo
Grove Municipal Code; and
WHEREAS, Section 5/11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3)
provides for establishing, by ordinance, a system of administrative adjudication of vehicular
standing and parking violations and vehicle compliance violations.
Iffalds
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKJ
COUNTIES, ILLINOIS, as follows:
Section 1. Chapter 2.63, Village Traffic Administrative Hearing System, is hereby
added to the Village of Buffalo Grove Municigal Code with additions in underline text, so that
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2.63.010
Purpose—Scope—Adoption of rules and reimlations.
2.63.020
Annointment—Traffic compliance administrator.
2.63.030
Appointment—Hearing officer.
2.63.040
Violation—Penalty.
2.63.050
Prima facie responsibilitv for violation and penalty— aril
violation issuance and removal.
2.63.060
Recordkeepin2.
2.63.070
Grounds for administrative hearing.
2.63.080
Hearin2 procedure.
2.63.090
Hearing— Determination of liability or of no liabilitv—Petition to set
2.63.100 Final deter 'nation.
2.63.110 Notice of final determination.
2.63.120 InimobiliZIlti011 program.
2.63.130 Driver's license suspension.
2.63.140 Lessor of vehicle not liable for violations.
2.63.150 Nonresident procedures.
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A. The purpose of this Chanter is to Provide for the administrative adjudication of vehicular
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B. For the our-Dose of this ChaDter., "compliance violation" means a violation of a municipal
regulatioil goycming, the condition or u,.,,e of equipment on a vehicle.
2.63.020 Appointment—'ri-affic compliance administrator.
A. The Villa =e
-Marla ),,er shat[ appo i tit a Villa =c Traffic Cam Rfiance Adrn in 1 strator who is
authorized to:
Oncratc and manute the systern of admimstrative adiudicatim of
vehicular standingparking and compliance violations;
2. Adopt, distribute and process staiidiiig, parkiiigarid compliance viol"Itioll
notices, collect mosicy paid as lines and Penalties For violations of standing,
parking and compliance ordinances;
3. Establish procedures necessary for the prompt, fair and efficient operation
of the traffic administrative adjudication system;
4. Certify copies of the final determinations of violations liability and factual
reports, verifying that the final determination of violating, liability was issued in
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of driver's licenses in accordance with the provisions of this ChaDter and 625
ILCS 5/6-306.5.
6. Promulgate RIICS and regulations pertaining; to the hearing, process, the
content of fim-ns and procedLlreS, and the daily ol2cratioii of the administrative
adjudication of standing parking, and compliance violations progyram.
2.63.030 Appointment—Hearing officer.
A. The Village Mana er shall appoint a 1-1 earl ng Officer who shall be em nowered and is
issuance and removal
A. Whenever anv vehicle exhibits a compliance violation or is parked in violation of any
provision of the traffic code prohibiting or restricting vehicular parking or standing, any pet-son
in whose naive the vehicle is registered with the Secretary of State of Illinois or such other state's
registry of motor vehicles shall be prima facie responsible for the violation and subject to the
penalty therefore. The Village and the Police Officer shall accurately record the state registration
number of the ticketed vehicle.
B. Whenever anv vehicle exhibits a compliance violation durina operation or is standina or
parked in violation of anLprovision of the traffic code prohibitingy or restricting, vehicular
parking or standing or regulating the condition of a parked or standing vehicle, an police
officer, co unit service officer, or other person designated by the Police Chief observing
such violation may issue a parking or compliance violation notice. and serve the notice on the
owner of the ych i el e by hand i ng, it to the operator of the vehicle if lie or she is present Lr by
ixinL), it to the vehicle in a consnicuous olace.
E. It Shall he unlawful for any person, other than the owner of the vehicle or 11 is des ignee, to
a vehicle a or compliance yinIptign nFfjyf-i] "im-nisint fk�u Cbnnfi-r
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A. The Village Traffic Compliance Administrator shall compile and maintain complete and
accurate records relating to all narking violation notices issued pursuant to this Chanter and the
dispositions thereof. In addition, the Village Traffic Compliance Administrator shall make
certified reports to the Secretary of State pursuant to 625 ILCS 516-406.5.
2.63.070 Grounds for administrative hearing.
A. A person charged with a 12arking, or compliance violation may contest the charge at an
administrative hearimg limited to one or more of the following grounds with appropriate evidence
to support:
I . That the rewondent was not the owner or lessee of the cited vehicle at
time of the violation; I
the violation occurred:
inconsistent or do not_�ypport a finding that the specified code section was
violated;
4. That the illegal condition described in the compliance violation notice did
not exist at the time the notice was issued,
2. 63.080 Hearinp- procedure.
A. An attorney who appears on behalf of an Jerson shall file witli the hearing, office]-
written appearance on a form provided by the Village Traffic Compliance Administrator for sucli
purpose.
B. The Formal and technical rILICS Of evidence shall iiol am)]v in the conduct of the hearlUp
C. All testimony shall be given under oath or affirmation, which shall be administered by
the Hearin i Officer. The Hearne r Officer ma y issue Subpoenas to secure the attendance a ild
testimony of witnesses and the production of relevant documents; provided, however that a
respondent who appears by ail attorney shall not be compelled to attend the heariiig, and may
submit his testimonv. if anv, bv affidavit. In addition, witnesses who have not been subpoenaed
to attend the hearing MAy submit their testimony, i f any by affidavit.
D. No violation may be established eXCCpt L]1Ton proof by a preL)ondgrance of the evidence, •
provided, however, that a parking or compliance violation not t cc, or a copy thereof; issued and
simed in accordance with this Chanter shall be Drima facie evidence of the correctness of the
facts specified therein.
E. The Hearing Officer may, on a showing of good cause, ,rant one coptimiance to a date
certain,
F. The Village Traffic Compliance Administrator shall cause a record to be made of cash
hearing, and recording devices may be used for such purpose.
2.63.090 flearinp,—Determination of liabiliq or of no liability—Petition to set aside.
A. Upon conclusion ol"a hearing under this Chapter, the Hearing Officer shall issue a
determination of no liability or of a liability in the amount of the fine for the relevant violation as
provided in the Buffalo Grove Municipal Code.
C Within ?.l tiqvq frnm the. of de.terminginn of Zia 'kilitv mirqimnt to thiS Chnnfi:-r
the person against who the determination was entered may petition by submitting a written
request to the Village Traffic Compliance Administrator to set aside the determinatiopprovided,
however, the grounds for the petition shall be limited to:
The oersoii having alreadv raid the fine or nenaltv for the markill
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Officer,
to aT)Dear at or request a new date for a hearing. The Village Traffic Corn-DIiance
Administrator shall set a hearing date and provide written notice of that date to the
Petitioner.
2.63.100 Final determination.
A. Final determination of violation liability shall occur fjollowing, failure to pay the fine
and/or Denaltv after a Hearing Officer's determination of violation liabilitv, and the exhaustion of
or failure to exhaust anv administrative review procedures. including denial of a tiMCIV petition
to set aside or failing, to filet e set aside petition within 21 days of the determination.
2. 63.110 Notice of final determination.
A. If any fine or penalty is owing and unpaid after a detennination of liability under this
Code has become final, and the respondent has exhausted or failed to exhaust judicial procedures
for review, the Village Traffic Compliance Administrator shall cause a Notice of Final
T?Lte of liability to be sent to the respondent in not-nninno,-xvifli - fkic Cbn"fq-r
Anv fine and penalty. if applicable. reniai n i n L, unpaid after the notice of final
The Village Traffic C__ Vliance Administrator is hereby authorized to direct and
supervise a -orouarn of vehicle immobilization for the purpose of enforcing the standing, parkinp,
and COInplialICC violations pUrsuant to Chapter 10.22 of the Buffalo Grove Municipal Code.
A person may challenge the validity of the notice of irnpending, vehicle iminobilization
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A. When a person has failed to pay any fine or penalty due and owing pursuant to this
Chapter on ten or more parking violations. the Villa Traffic Compliance Administrator shall
cause a notice of irnpetidi ng driver's I i cense suspension to be sent, in accordance with this
Chapter;
re-1YOTS11,11 IS 0 T initiation suspensionliroceegings pursuant to RM
ILCS 5/6-306.5; and I
to the Village Traffic Comaliance Administrator.
B. If a person sent a notice pursuant to subsection A. fails to Day the amount owing within
the time stated on -flienotice, the Village Traffic Compliance Administrator ma file witlithe
Secretary of State a certified report, in accordance with Section 6-306,5(c) of the Illinois Vehicle
Code, that the person is eligible for initiation Ol.'SLJSpe11SiOr1 proceedings. The Villa pc Traffic.
Compliance Administrator shall assess a $20.00 filing fee against the person named in tile
certified report to reimburse the Village for the expense Of preparing and filing the certified
report with the Secretary of State.
2. 63.140 Lessor of vehicle not liable for violations.
rdance with Section 11-1305 of the Illinois Vehicle Code. no nerson who is the
B.
Upon receipt of a lessor's notification of the name and address of his or her lessee,
provided pursuant to Sections 11 -1305 or 11 -1306 of the Illinois Vehicle Code, the Village
Traffic Compliance Administrator shall cause a notice of violation to be sent to the lessee as
provided for in this Chapter.
2. 63.150 Nonresident procedures.
A. Nonresidents of this Village who-have been served a vehicular standing, parking or
compliance regulation violation notice, pursuant to this Chapter, may contest the alleged
violation on its merits, as could a resident, or may contest the validity without persomilly
appearing at an administrative hearing by submitting the following,
ilinu a written reciucst to contest the violation notice with the Villaae Traffic
Compliance Administrator no later than seven (7) calendar days prior to tile initial
hearing. The request shall be deemed filed upon receipt byte Village Traffic
CornDliance Administrator and,
2. Filing a notarized statement of facts inecifying the grounds for challenging the
violation notice which ii-iiist be filed with the Village Traffic Compliance
Administrator no later than seven (7) calendar days prior to the initial hearing.
The notarized statement of Facts shall be deemed filed tivoil receipt by the Village
Traffic Comnliance Administrator.
B. I'lic receipt of a written re hest to contest and/or a notarized statement of facts after the
due date or with cause. may at the discretion of Village Traffic Comnliance
Administrator, be accepted for hearing consideration and decision.
C. The Village Traffic Compliance Administrator shall forward all submitted materials to
the Hearing Officer for review acid d eterml iiat 1011.
F. Service of the notice of determination shall be complete on the date the notice is placed in
the United States mail.
Section 2. This ordinance shall be in full force and eff-
r r d publication as of January 1, 2015. This ordinance may be published in pamphlet
form.
as -
W� 12=
Riga-ton
JeffIN". vraimati, Village President
Viliage Clerk