HomeMy WebLinkAboutORDINANCES-2013-056-O-13Effective Date: July 25, 2013 56-0-13 5/24/2013
AN ORDINANCE
Amending Subsection 11-2-11(13) of the City Code Regarding Notice of
Impending Vehicle Immobilization to Correct Code Reference
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 11--2-11-(B), "Immobilization Program," of the
Evanston City Code of 2012, as amended, is hereby further amended to read as
follows:
(B) When the registered owner of a vehicle has accumulated five (5) 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 shall 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 five (5) or more final
determinations of parking violation liability which were unpaid at the time the
notice of impending vehicle immobilization was issued.
56-0-13
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: 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.
SECTION 4: 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.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: C" ' 2013
Adopted: , 2013
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Attest:
Approved:
(Df,,Qel% , 2013
Ann Rainey, Mayor ro T�
Approved as to form:
--C- I < - 1�
W. Grant Fa afrCorporation Counsel
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