§ 2-400. Determination of liability; motor vehicle citations.

(a)

Time limit for response to notice. Any person on whom a parking violation notice has been served pursuant to this chapter shall within seven days from the date of the notice:

(1)

Pay the indicated fine; or

(2)

Request an administrative adjudication hearing as provided by this article to contest the charged violation.

A response by mail shall be deemed timely if postmarked within seven days of the issuance of the notice of violation.

(b)

If the respondent requests an administrative hearing to contest the cited violation, the code administrator shall notify the owner in writing of the location and time available for a hearing in accordance with the provisions of this article.

(c)

Where a respondent who has requested an administrative hearing either fails to pay the indicated fine prior to the hearing or fails to appear at a hearing, a final determination of parking violation liability shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within 21 days of issuance of a hearing officer's final determination of liability will result in the imposition of a late payment penalty pursuant to subsection (f) of this section. Upon the occurrence of a final determination of parking violation liability and after expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought, any unpaid fine or penalty will constitute a debt due and owing the village.

(d)

If no response is made in accordance with subsection (a) of this section, the code administrator shall cause a second notice of violation to be sent to the respondent. The notice shall specify the date and location of the violation, the make and state registration number of the vehicle, the code provision violated, the applicable fine, and the time and manner in which the respondent may obtain an administrative adjudication hearing to contest the violation. If the respondent requests an administrative adjudication hearing to contest the cited violation, the code administrator will cause a notice of hearing to be sent to the respondent as provided herein.

(e)

If the respondent fails to pay the indicated fine or request a hearing to contest the charged violation within 14 days from the date of such second notice of violation, a determination of parking violation liability shall be entered in the amount of the fine indicated on 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 (f) of this section. Upon the occurrence of a final determination of parking violation liability and after expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought, any unpaid fine or penalty will constitute a debt due and owing the village. The second notice of violation shall provide the above information.

(f)

Failure by any respondent to pay or mail payment of the fine for a parking violation within 21 days of the issuance of the final determination of liability will automatically subject the respondent to a late payment penalty equal to four times the fine (total fines not to exceed $250.00).

(g)

A person charged with a parking violation may contest the charge through an administrative adjudication hearing limited to one or more of the following grounds with appropriate evidence to support:

(1)

That the respondent was not the owner or lessee of the cited vehicle at the time of the violation;

(2)

That the cited vehicle or its state registration plates were stolen at the time the violation occurred;

(3)

That the relevant signs prohibiting or restricting parking were missing or obscured;

(4)

That the relevant parking meter was inoperable or malfunctioned through no fault of the respondent;

(5)

That the facts alleged in the parking violation notice are inconsistent or do not support a finding that the specified regulation was violated.