HomeMy WebLinkAboutORDINANCES-1999-042-O-9909/21 /99
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AN ORDINANCE
ESTABLISHING TITLE 11, CHAPTER 2
ADMINISTRATIVE ADJUDICATION OF
CERTAIN PARKING VIOLATIONS
WHEREAS, the Illinois Legislature has amended the Illinois Vehicle Code, 625
ILCS, 5/11-208.3, to allow any municipality to provide by ordinance for a system of
administrative adjudication of vehicular standing and parking violations and vehicle
compliance violations; and
WHEREAS, the Illinois Legislature has amended the Illinois Municipal Code to allow
Illinois Home Rule municipalities to enact a system of administrative adjudication of
• municipal code violations; and
WHEREAS, said enabling legislation is set forth in 65 ILCS 5/1-2.1, et seq.; and
WHEREAS, the City of Evanston is an Illinois Home Rule municipality; and
WHEREAS, the City Council of the City of Evanston is desirous ofestablishing a
system of administrative adjudication pursuant to 625 ILCS 5/11-208.3 and 65 .ILCS
5/1-2.1, et seq., to adjudicate certain vehicular parking and standing violations of the
Evanston City Code; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
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SECTION 1: That Title 11 of the Evanston City Code of 1979, as amended, be, and
it hereby is, further amended, by adding a new Chapter 2, Administrative Adjudication of
Certain Parking Violations, to read as follows:
11-2-1 Purpose -- Scope -- Adoption of rules and regulations.
(a) The purpose of this Chapter is to provide for the administrative adjudication
of violations of the Ordinances enumerated in Section 11-2-2(b) hereof regulating motor
vehicular (hereinafter, "vehicular', "vehicle") standing, parking, and compliance within the
City, (collectively, "parking") and to establish a fair, equitable, and efficient system for the
enforcement of such ordinances. The administrative adjudication system set forth in this
Chapter is established pursuant to Section 11-208.3 of the Illinois Vehicle Code, 625 ILCS,
as amended, which authorizes any municipality to provide by ordinance for a system of
administrative adjudication of vehicular standing and parking violations, and vehicle
compliance violations, and pursuant to 65 ILCS 5/1-2.1, et seq., which authorizes Home
Rule municipalities to enact a system of administrative adjudication of municipal violations.
(b) The City Manager shall appoint a City Traffic Compliance Administrator who
is authorized to redelegate authorities to:
(i) Adopt, distribute, and process parking violation notices and additional
notices, collect money paid as fines and penalties for violations of parking
ordinances;
(ii) Establish procedures necessary for the prompt, fair and efficient
operation of the administrative adjudication system; and
(iii) Adopt rules and regulations pertaining to: the hearing process, the
selection and appointment of administrative law officers, the content of forms and
procedures, and the daily operation of the administrative adjudication of parking
violations program.
(c) The City Traffic Compliance Administrator shall delegate to the Director of
Administrative Adjudication his authority to appoint administrative hearing officers, to adopt
rules and regulations pertaining to administrative hearing proceedings to adjudicate the
violations set forth in Section 11-2-2(b) conduct administrative hearing proceedings,
including the functions and responsibilities of the Traffic Compliance Administrator set forth •
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in 11 -2-1 (a)(b)(ii)(iii); 11 -2-5(a through f); 11-2-6; 11-2-7; 11-2-8; 11-2-9; 11-2-10; 11-2-11(b
through h); 11-2-12; 11-2-13.
11-2-2 Violation -- Penalty.
(a) Violation of the sections of the City Code enumerated in Section 11-2-2(b)
prohibiting or restricting vehicular standing or parking, shall be a civil offense punishable
by applicable fines and penalties, provided for in section 10-11-17, and no criminal penalty,
or civil sanction other than that prescribed in said Section 10-11-17 shall be imposed.
- - - --(b) Determination of liability for notices of violation issued for violations of
Chapters 4, 5, and 8 of Title 10 of the City Code, "Motor Vehicles and Traffic", and no other
sections of Title 10, shall be pursuant to the Administrative Adjudication_ provisions of this
Title 11.
11-2-3 Prima facie responsibility for violation and penalty -- Parking violation
issuance and removal.
(a) Whenever any vehicle is parked in violation of any provision of the City Code
prohibiting or restricting vehicular parking or standing any person in whose name 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
therefor.
(b) Whenever any vehicle exhibits a violation of any provision of the City Code
prohibiting or restricting vehicular parking or standing, any police officer, parking
enforcement officer, or other person designated by the City Manager, who observes such
violation may issue a notice of parking violation as provided for in Section 11-2-4 and serve
the notice on the registered owner of the vehicle by handing it to the operator of the
vehicle, if he is present, or by affixing it to the vehicle in a conspicuous place. The issuer
of the notice shall specify on the notice his identification number, the particular parking
ordinance allegedly violated, the make and, state registration number or the vehicle
identification number (VIN) of the cited vehicle, and the place, date, time and nature of the
alleged violation and shall certify the correctness of the specified information by signing his
name at the time of service as provided in Section 11-208.3 of the Illinois Vehicle Code,
or, in the case of a computer -generated notice, by signing a single certificate to be kept by
the City Traffic Compliance Administrator or his designee attesting to the correctness of
all notices produced by the device while it was under his control.
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(c) It shall be unlawful for any person, other than the registered owner of the
vehicle or his designee, to remove from a vehicle a parking violation notice affixed pursuant
to this Chapter. The fine for a _first-time violation of this section shall be $250.00.
Subsequent violations shall be penalized by imposition of a $500.00 fine.
11-2-4 Violation notices -- Contents, distribution, and recordkeeping.
(a) Parking violation notices shall contain the information required under Section
11-2-3 (b). In addition, the notices shall state the applicable fine, the monetary penalty
which shall be automatically assessed for late payment, that vehicle immobilization and
driver's license suspension may -be imposed if fines and penalties -are not paid in full, that
payment of the stated fine, and of any applicable penalty for late payment, shall operate
as a final disposition of the violation, and information as to the availability of an
administrative hearing in which the violation may be contested on its merits and the time
and manner in which such hearing may be had.
(b) The City Traffic Compliance Administrator or his designee shall distribute
parking violation notices to parking enforcement officers, other persons authorized to issue
parking violation notices, and the Department of Police for issuance pursuant to Section
11-2-3 (b). The City Traffic Compliance Administrator shall assure the maintenance of a
record of each set of notices issued to all persons authorized to issue parking violation
notices.
(c) The City Traffic Compliance Administrator or his designee shall compile and
maintain complete and accurate records relating to all parking violation notices issued
pursuant to Section 11-2-3 and the dispositions thereof. Notwithstanding any of the
foregoing, the Director of Administrative Adjudication shall compile and maintain records
of adjudicated parking violation notices.
11-2-5 Determination of liability.
(a) A person served with a parking violation notice pursuant to Section 11-2-3
shall, within ten (10) days from the date of the notice: (1) pay the indicated fine; or, in the
manner indicated on the notice, either (2) submit the materials set forth in Section 11-2-7
to obtain an adjudication by mail; or (3) request an administrative hearing as set forth in
Section 11-2-8 to contest the charged violation. A response by mail shall be deemed
timely if postmarked within ten (10) days of the issuance of the notice of violation.
(b) If the respondent submits documentary evidence to obtain an adjudication
by mail pursuant to Section 11-2-7, the Director of Administrative Adjudication shall send •
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respondent to a penalty for late payment. The penalty for late payment shall be an amount
equal to the amount of the fine for the subject parking violation.
(f) The Director of Administrative Adjudication shall serve the notice of hearing,
the second notice of violation, the administrative hearing officer's determination, the notice
of final determination of liability, the notice of impending vehicle immobilization, and the
notice of impending driver's license suspension, where applicable, by first class mail,
postage prepaid, to the address of the registered owner of the vehicle as recorded with the
Secretary of State of Illinois. If the vehicle is registered in a state other than Illinois, the
Director of Administrative Adjudication shall send the notices in question to the address of
the registered owner as recorded in such other state's registry of motor vehicles. - --
11-2-6 Grounds for adjudication by mail or administrative hearing.
A person charged with a parking violation may contest the charge through an
adjudication by mail or at an administrative 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 required signs prohibiting or restricting parking were missing
or obscured;
(4) That the subject -parking meter was inoperable or malfunctioned through no
fault of the respondent;
(5) That the facts alleged in the parking violation notice are materially
inconsistent or do not support a finding that the specified regulation was violated.
11-2-7 Adjudication by mail -- Procedure.
(a) Administrative hearings to review materials submitted for the adjudication by
mail of notices of parking violations issued pursuant to Section 11-2-3 shall be held by an
administrative hearing officer appointed by the Director of Administrative Adjudication and
conducted in accordance with Title 11, Chapter 1 of the City Code. Notwithstanding any
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the respondent a copy of the administrative hearing officer's determination in accordance
with subsection 11-2-5(f).
(c) If the respondent requests an administrative hearing to contest the cited
violation pursuant to Section 11-2-8, the Director of Administrative Adjudication shall notify
the respondent in writing of the location and time available for a hearing in accordance with
subsection 11-2-5(f).
Where a resondent, who has requested an administrative hearing, either fails to pay
the stated fine prior to the hearing or fails to appear at a hearing, a determination of
parking violation liability shall be entered in the amount of the fine, penalty, or cost - - - --
indicated on the notice of violation. Upon the occurrence of a final determination of liability
as provided for below, any unpaid fine, penalty, and/or cost will constitute a debt due and
owing the City. The Director of Administrative Adjudication will cause a notice of hearing
providing this information to be sent to the respondent in accordance with subsection
11-2-5(f) herein.
(d) If no response is made in accordance with subsection (a) of this section, the
Traffic Compliance Administrator shall cause a second notice of violation to be sent to the
respondent in accordance with subsection (f) herein. The notice shall specify the date and •
location of the violation, the make and state registration number of the cited vehicle, the
code provision violated, the applicable fine and penalty and the time and manner in which
the respondent may obtain an adjudication by mail or request a hearing to contest the
violation. If the respondent requests an administrative hearing to -contest the cited
violation, the Director of Administrative Adjudication will cause a notice of hearing to be
sent to the respondent as provided in subsection (c) herein.
If the respondent fails to pay the indicated fine, submit documentary evidence to
obtain an adjudication by mail, or request a hearing to contest the charged violation within
thirty-five (35) days from the date of such notice, as provided in Section 11-2-6, a
determination of liability shall be entered in the amount of the fine indicated on the notice
of violation. Failure to pay the fine within twenty-one (21) days of issuance of the
determination of liability will result in the imposition of a late payment penalty pursuant to
subsection (e) herein. Upon the occurrence of a final determination of liability, any unpaid
fine, penalty, and/or cost will constitute a debt due and owing the City. The second notice
of violation shall provide the above information.
(e) Failure by a respondent to pay the fine for a parking violation within twenty-
one (21) days of the issuance of the determination of liability will automatically subject the
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of the foregoing, in the event of a conflict between Title 11, Chapter 1 and this Chapter, the
latter shall be controlling.
(b) The respondent may contest a parking violation based on one or more of the
grounds provided in Section 11-2-6, by mailing to the Department of Administrative
Adjudication the following materials and information: the notice of violation, the full name,
address, and telephone number(s) of the respondent; the make, model, and year of the
vehicle; any documentary evidence to rebut the charge; and a written statement signed by
the respondent setting forth facts relevant to establishing a defense to the charge. A
legible photocopy of any documentary evidence submitted by any party shall be accepted
as the equivalent of the original document.
(c) No violation may be established except upon proof by a preponderance of
the evidence; provided, however, that a parking violation notice, or a copy thereof, shall
be prima facie evidence of the correctness of the facts specified therein.
(d) Upon review of the materials submitted in accordance with subsection (b)
herein,. the,Administrative Hearing Officer shall enter a determination of no liability or of
liability in the amount of the fine and any applicable penalty or costs for the subject
violation. Upon issuance, such determination shall constitute a final determination for
purposes of judicial review under the Administrative Review Law of Illinois.
11-2-8 Administrative hearings -- Procedure.
(a) Administrative hearings for the in -person adjudication of parking violation
notices issued pursuant to Section 11-2-3 shall be held before an Administrative Hearing
Officer appointed by the Director of Administrative Adjudication and conducted in
accordance with Title 11, Chapter 1 of the City Code. Notwithstanding any ' of the
foregoing, in the event of a conflict between Title 11, Chapter 1 and this Chapter, the latter
shall be controlling.
(b) All testimony shall be given under oath or affirmation, which shall be
administered by the Administrative Hearing Officer. The Administrative Hearing Officer
may issue subpoenas to secure the attendance and testimony of witnesses and the
production of relevant documents; provided, however, that a respondent who appears by
an attorney shall not be compelled to attend the hearing and may submit his testimony, if
any, by affidavit. In addition, witnesses who have not been subpoenaed to attend the
hearing may submit their testimony, if any, by affidavit.
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(c) No violation may be established except upon proof by a preponderance of
the evidence; provided, however that a parking or compliance violation notice, or a copy
thereof, issued, signed, and served in accordance with Section 11-2-3 (b) shall be prima
facie correct and shall be prima facie evidence of the correctness of the facts specified
therein.
11-2-9 Hearing -- Determination of liability or of no liability -- Petition.
(a) Upon conclusion of a hearing under Section 11-2-8, the administrative
hearing officer shall issue a determination of no liability or of liability in the amount of the
fine - for - the subject violation as -provided in Section 10-11-17. Upon issuance, such
determination shall constitute a final determination for purposes of judicial review under the
Administrative Review Law of Illinois.
(b) If a person fails to respond to the violation notice and the second notice of
violation, a determination of liability shall be entered pursuant to Section 11-2-5 and shall
be served upon the person in accordance with Section 11-2-5(f). Such determination shall
become final for purposes of judicial review under the Administrative Review Law of Illinois
upon the denial of, or the expiration of the time in which to file, a timely petition to set aside
the determination as provided in subsection (c) of this section.
(c) Within twenty-one (21) days from the issuance of a determination of liability
pursuant to subsection (b) herein, the person against whom the determination was entered
may petition the Director of Administrative Adjudication by appearing in person, at the
location specified in the determination, to set aside the determination; provided, however,
the grounds for the petition shall be limited to: (1) the person not having been the owner
or lessee of the cited vehicle on the date the parking violation notice was first issued; -
(2) the person having already paid the fine or penalty for the parking violation in question;
or (3) excusable failure, based upon criteria established by the Director of Administration
Adjudication, to appear at or request a new date for a hearing. The petitioner shall appear
with appropriate evidence, pursuant to Section 11-2-6, so that if the petition is granted, he
is prepared to proceed immediately with a hearing on the merits.
11-2-10 Notice of final determination.
(a) If any fine, penalty, and/or cost is owing and unpaid after a determination of
liability under this Chapter has become final and the respondent has exhausted or failed
to exhaust judicial procedures for review, the Director of Administrative Adjudication shall
cause a notice of final determination of liability to be sent to the respondent in accordance
with Section 11-2-5(f).
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(b) Any fine, penalty, and/or cost remaining unpaid after the notice of final
determination of liability is sent shall constitute a debt due and owing the City. Failure of
the respondent to pay such fine or penalty within fourteen (14) days of the notice may
result in: (1) the immobilization of the person's vehicle for failure to pay fines or penalties
for 5 or more parking violations and (2) the suspension of the person's driver's license for
failure to pay fines or penalties for 10 or more parking violations.
11-2-11 Immobilization program.
(a) The City Traffic Compliance Administrator or his designee is hereby
authorized to direct and supervise a program of vehicle immobilization for the purpose -of --
enforcing the parking ordinances of the Traffic Code. The program of ' vehicle
immobilization shall provide for immobilizing any eligible vehicle located on. the public way
or any City -owned property by placement of a restraint in such a manner as to prevent its
operation.
(b) When the registered owner of a vehicle has accumulated five (5) or more final
determinations of parking violation liability, in any combination, for which the fines and
applicable penalties, if applicable, have not been paid in full, the Director of Administrative
Adjudication shall cause a notice of impending vehicle immobilization to be sent, in
accordance with Section 10-6-15. 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 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.
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(c) Upon immobilization of an eligible vehicle, a notice shall be affixed to the
vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and
that any attempt to move the vehicle may result in its damage. The notice shall also state
that the unauthorized removal of or damage to the immobilizing restraint is a violation of
Section 11-2-11(h) of the City Code. The notice shall also provide information specifying
how release of the immobilizing restraint may be had, and how the registered owner may
obtain an immobilization hearing. If the restraint has not been released within 24 hours of
its placement, the restraint shall be released and the vehicle towed and impounded.
(d) The owner of an immobilized vehicle or other authorized person may secure
the release of the vehicle by paying the immobilization, towing and storage fees provided
in subsection (g) herein, and all fines and penalties remaining due on each final
determination of liability issued to such person.
(e) The owner of an immobilized vehicle shall have the right to a hearing to
determine whether the immobilization or any subsequent towing was erroneous, if the
owner files a written request for a hearing with the Director of Administrative Adjudication
within fourteen (14) days after immobilization or fourteen (14) days of the date of the notice
sent pursuant to subsection (f) herein, whichever is later. Hearings requested pursuant to
this subsection shall be conducted by an Administrative Hearing Officer upon receipt of a
written request for a hearing. The determination of the Administrative Hearing Officer
regarding the validity of the immobilization shall become final for the purpose of judicial
review under the Administrative Review Law of Illinois upon issuance.
(f) Within ten (10) days after a vehicle has been impounded, a notice of
impoundment shall be sent by certified mail, return receipt requested, to the address of the
registered owner as listed with the Secretary of State. The notice shall state that the owner
has the right to request a post -immobilization and post -towing hearing as provided in
subsection (e) herein, and that if the vehicle is not claimed within thirty (30) days from the
date of the notice, the vehicle may be sold or otherwise disposed of in accordance with
Section 4-208 of the Illinois Vehicle Code.
(g) The fee for removal of immobilization device shall be $125.00. Fees for
towing and storage will be the current year's City contract price for said services.
(h) It shall be unlawful to remove or damage the immobilizing device or to
relocate or tow any vehicle restrained by an immobilization device without the prior
approval of the City Traffic Compliance Administrator. Any person who violates this ,section
shall be subject to a penalty of $500.00 for each such violation.
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11-2-12 Driver's license suspension.
(a) When a person has failed to pay any fine or penalty due and owing pursuant
to this Chapter on ten (10) or more parking violations, the Director of Administrative
Adjudication shall cause a notice of impending driver's license suspension to be sent, in
accordance with Section 11-2-5(f). The notice shall state that failure to pay the amount
owing within forty-five (45) days of the date of the notice will result in the city's notifying the
Secretary of State that the person is eligible for initiation of suspension proceedings
pursuant to Section 6-306.5 of the Illinois Vehicle Code.
(b) If a person sent a notice pursuant to subsection (a) fails to pay the amount
owing within the time stated on the notice, the Director of Administrative Adjudication may
file with the 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 of suspension proceedings,
the Director of Administrative Adjudication shall assess a $20.00 filing fee against the
person named in the certified report with the Secretary of State.
(c) A person named in a certified report filed pursuant to subsection (b) may,
within twenty-one (21) days of the date of the notice sent by the Secretary of State
pursuant to Section 6-306.5(b) of the Illinois Vehicle Code, file with the Director of
Administrative Adjudication a written statement and supporting documentation to challenge
the report; provided, however, the grounds for such challenge shall be limited to (1) the
person not having been the owner or lessee of the vehicle or vehicles receiving 10 or more
parking violation notices on the date or dates such notices were issued or (2) the person
having already paid the fine and penalty for the 10 or more violations indicated on the
report. The Director of Administrative Adjudication shall send, within three (3) business
days, notice of the decision or the challenge of the report after receipt thereof.
(d) If a person named in a certified report has paid the previously reported fine
or penalty or if the report is determined by the Director of Administrative Adjudication to be
in error, the Director of Administrative Adjudication shall notify the Secretary of State in
accordance with Section 6-306.5(d) of the Illinois Vehicle Code. A certified copy of such
notification shall be given, upon request and at no charge, to the person named therein.
11-2-13 Lessor of vehicle not liable for violations -- When.
(a) In accordance with Section 11-1306 of the Illinois Vehicle Code, no person
who is the lessor of a vehicle pursuant to a written lease agreement shall be liable. for a
violation of any standing or parking regulation involving such vehicle during the period of
the lease, if, upon receipt of a notice of violation sent within one hundred twenty (120) days
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of the violation, he shall, within sixty (60) days thereafter, provide to the Director of
Administrative Adjudication, the name and address of the lessee.
(b) Upon receipt of a lessor's notification of the name and address of his lessee,
provided pursuant to Sections 11-1305 or 11-1306 of the Illinois Vehicle Code, the Director
of Administrative Adjudication shall cause a notice of violation to be sent to the lessee as
provided for in Section 11-2-5(d) hereof. The lessee of the..vehicle shall be afforded the
same opportunities to contest the notice of violation as are afforded to the registered
owner.
11-2-14: --All- notices of violations of Title 10, Chapter 5, 6, and 8 of the City Code
issued after February 16, 2000 shall be subject to the administrative adjudication
procedures provided for herein.
SECTION 2: That all Ordinances or parts of Ordinances conflicting with this
Ordinance be and the same are hereby repealed.
SECTION 3: That this Ordinance shall be in full force and effect from and after its
0-
passage, approval, and publication in the manner provided by law.
_ A
Introduced: -4?i�Lt� ��, 1999
Adopted: � 11 , 1999
ATTEST:
I rk
Approved as to fo
Corporation Counsel
12
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1. Those uses labeled "retail" include restaurants and service/commercial. j
2. The configuration of parking, loading, and areas of ingress and egress are for illustration purposes
only.
3. Right-of-way improvements are subject to change in accordance with the terms of the Redevelopment
Agreement and other applicable regulations.
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