HomeMy WebLinkAboutORDINANCES-2017-072-O-179/12/2017
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AN ORDINANCE
Amending City Code Section 11-2-11(B), "Immobilization Program" by
Amending the Amount of Liable Tickets Needed to Immobilize a
Vehicle from Five (5) to Three (3)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Section 11-2-11(B), "Immobilization Program," of the
Evanston City Code of 2012, as amended, is hereby further amended to the following:
(B) When the registered owner of a vehicle has accumulated three (3) or more final
determinations of parking and/or compliance violation liability, in any
combination, for which the fines and applicable penalties, have not been paid in
full, the Administrative Hearings Division Manager will cause a notice of
impending vehicle immobilization to be sent in accordance with Subsection 11-2-
5(F) of this code. The notice of impending vehicle immobilization shall state the
name and address of the registered owner, the state registration number of the
vehicle or vehicles registered to such owner, and the serial numbers of parking
and/or compliance violation notices which have resulted in final determination of
liability for which fines and/or penalties remain unpaid. Failure to pay the fines
and penalties owed within twenty-one (21) days from the date of the notice will
result in the inclusion of the state registration number of the vehicle or vehicles
of such owner on an immobilization list. A person may challenge the validity of
the notice of impending vehicle immobilization by requesting a hearing and
appearing in person to submit evidence which would disprove liability within
twenty-one (21) days of the date of the notice. Documentary evidence which
disproves liability shall be based on the following grounds:
1. That all fines and penalties for the violations cited in the notice have
been paid in full; or
2. That the registered owner has not accumulated three (3) or more final
determinations of parking violation liability which were unpaid at the
time the notice of impending vehicle immobilization was issued.
SECTION 2: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
72-0-17
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: This ordinance shall be in full force and effect on December
1, 2017 and shall apply to any and all outstanding final determinations of parking and/or
compliance violation liability.
SECTION 5: If any provision of this ordinance or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
Introduced: J[n, 2017
Adopted: '�W , 2017
Attest:
Devon Reid, City Clerk
Approved:
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Approved as to fo m:
W. Grant Farrar, Corporation Counsel
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