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HomeMy Public PortalAboutOrdinance 3273 VILLAGE OF PLAINFIELD ORDINANCE NO. 3273 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE IX OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Relating to an Automated Traffic Law Enforcement System ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD THIS 20TH DAY OF JUNE 2016. Published in pamphlet form by the authority of the President and Board of Trustees of the Village of Plainfield, Will and Kendall Counties, Illinois, this 21st day of June 2016. ORDINANCE NO. 3273 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE IX OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Related to an Automated Traffic Law Enforcement System WHEREAS, the Village of Plainfield ("Village"), Will and Kendall Counties, Illinois, as a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, enacts this Ordinance pursuant to its home rule authority; and WHEREAS, pursuant to the laws of the State of Illinois, the Village has the authority to adopt ordinances related to certain traffic regulations; and WHEREAS, the Village's automated traffic law enforcement system monitors compliance with traffic control signals at intersections and enforces State and local traffic control signal laws through the use of electronic monitoring devices; and WHEREAS monitoring such compliance and enforcing traffic control signal laws is a matter that affects the safety and general welfare of the citizens of the Village; and WHEREAS, the Village President and the Village Board of Trustees ("Village Board") have determined that in the interest of promoting the safety and general welfare of the citizens of the Village, it is necessary and desirable to amend the Village's Code of Ordinances to further comprehensively regulate the automated traffic law enforcement system; and WHEREAS, the Village President and the Village Board specifically find that the amendment of this Ordinance will promote the safety and welfare of the citizens of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, as follows: SECTION ONE. That the Preamble to this Ordinance and Exhibits are adopted by this reference as if fully set forth herein. SECTION TWO. That Chapter 5, Article IX of the Village's Code of Ordinances, entitled "Automated Traffic Law Enforcement System", be and hereby is amended as set forth in Section Three below. The amended text with document markings is attached hereto as Exhibit "A". Deletions from the Code are ovcrstruck and additions to the Code are double underlined. SECTION THREE. Sec. 5-225. Automated Traffic Law Enforcement System. The Village is hereby authorized to direct and supervise an automated traffic law enforcement system pursuant to the provisions of this Article. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-226. Definitions. Unless the context otherwise requires, the following terms as used in this Article shall be construed according to the definitions given below: Automated Traffic Law Enforcement System means a device within the Village with one or more motor vehicle sensors working in conjunction with red light signals to produce recorded images of motor vehicles entering an intersection against a steady or flashing red signal indication in violation of 625 ILCS 5/11- 306, or similar violation of the Village Code. Disregarding a Traffic Control Device means the failure of an operator of a motor vehicle to stop and remain stopped before an intersection that is controlled by a red signal as provided for in 625 ILCS 5/11-306, or similar violation of this Code. Recorded Images means the images produced by an automated traffic law enforcement system, which consist of either two (2) or more photographs; two (2) or more microphotographs; two (2) or more electronic images; or a video recording showing the motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle. Secretary of State means the office of the Illinois Secretary of State. Traffic Compliance Administrator shall mean the Chief of Police of the Village of Plainfield, or his designee, who shall have the power to adopt, distribute and process automated traffic law violation notices and other notices required by this Article, collect money paid as fines and penalties, operate the automated traffic law enforcement system, and make certified reports to the Secretary of State as required by this Article. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-227. Violations. It shall be a violation of this Article for a vehicle to disregard a traffic control device in violation of 625 ILCS 5/11-306 or similar violation of the Village Code. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-228. Signage. An intersection equipped with an automated traffic law enforcement system must be posted with a sign visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system. (Ord. No. 2768, § 3, 6-3-2008) Sec. 5-229. Administrative Adjudication. For purposes of administrative adjudication of violations of this Article, the Village shall establish by ordinance an administrative adjudication system pursuant to 625 ILCS 5/11-208.3. The Village Administrator shall appoint a hearing officer in accordance with 65 ILCS 5/1-2.1-1. The jurisdiction of the administrative adjudication system shall include violations of this Article. (Ord. No. 2768, §3, 6-3-2008) Sec. 5-230. Defenses. The following may be considered by the hearing officer as defenses for a violation of Section 5-227 of this Article: 1. That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred, and were not under the control of or in the possession of the registered owner of the vehicle at the time of the violation. To sufficiently demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the registered owner at the time of the violation, the vehicle owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with the applicable law enforcement agency in a timely manner. 2. That the driver of the vehicle passed through the intersection when the light was red either to yield the right of way to an emergency vehicle, or as part of funeral procession. 3. That at the time of the violation the traffic signal was not in proper position or not sufficiently legible to allow compliance with the traffic signal. 4. That the vehicle was sold prior to the violation and the registered owner/operator of the vehicle did not have control, possession or access to the vehicle at the time of the violation. 5. That the driver of the vehicle was acting in response to a medical emergency. 6. Any information related to the driver's operation of the vehicle and/or roadway conditions, deemed by the hearing officer to be relevant to the violation. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-231. Notice(s) of Violation. When the automated traffic law enforcement system records a motor vehicle entering an intersection in violation of Section 5-227 of this Article, the Village shall cause an initial notice of violation to be issued to the registered owner or lessee of the vehicle. The initial notice of violation shall be delivered within twenty-one (21) days of the date of the violation. The initial notice of violation shall provide a respond-by date thirty-five (35) days from the date of the violation. If the registered owner or lessee of the vehicle fails to respond to the initial notice of violation, a final notice of violation shall be issued to the registered owner or lessee of the vehicle. The final notice of violation shall be delivered within fourteen (14) days of the respond-by date set forth in the initial notice of violation and shall provide a respond-by date twenty- eight (28) days from the issuance date of the final notice of violation. The Village shall only be required to cause notice to be issued to a lessee if the leasing company/lessor provides the lessee's name by an affidavit and a copy of the lease within fourteen (14) days of issuance of the notice. If the driver information is not provided within fourteen (14) days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, an amended notice shall be sent to the last known address recorded with the United States Postal Service's approved database of the owner or lessee of the cited vehicle. All notices of violation shall be made by first class mail, postage prepaid. A notice of violation associated with an automated traffic law violation shall require a review of the associated recorded image by the Traffic Compliance Administrator, who shall inspect the image and determine whether the motor vehicle was being operated in violation of Section 5-227 of this Article, or whether any of the defenses enumerated in Section 5-230 of this Article are visible upon inspection. Upon determination that the recorded image captures a violation of Section 5-227 of this Article and that no defense applies, the notice(s) of violation shall be served upon the registered vehicle owner or lessor/lessee in the manner provided above. The Traffic Compliance Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner or lessor/lessee of the vehicle. Each notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above noted statutory and local provisions and shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in this Article. Each notice of violation shall include the following information: 1. The name and address of the registered owner, lessor or lessee of the vehicle, as indicated by the records of the Secretary of State; or, if such information is outdated or unattainable, then the last known address recorded in a United States Postal Service approved database; 2. The make (only if discernable) and registration number of the vehicle involved in the violation; 3. The violation charged; 4. The location where the violation occurred; 5. The date and time of the violation; 6. A copy of the recorded images; 7. The amount of the fine or penalty and the date by which the penalty should be paid if a hearing is not requested, and a statement that the payment of the fine or penalty shall operate as a final disposition of the violation; 8. A statement that the recorded images are evidence of a violation of a red light signal; 9. A statement that failure to pay the fine or penalty by the date noted may result in an additional late fee being assessed against the owner or lessor/lessee; 10. The amount of the late fee; 11. A statement that the failure to pay the fine or penalty by the date specified will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle; 12. A statement that the recorded images constitute prima facie evidence of a violation; 13. A statement that the person may elect to proceed by paying the fine or challenging the charge in court, by mail or by administrative hearing; 14. A statement of how an administrative hearing may be requested; and 15. A website address, accessible through the Internet, where the person may view the recorded images of the violation. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-232. Hearing. The owner or lessee of a vehicle operated in violation of this Article may request a hearing by the respond-by date set forth in the initial notice of violation or the final notice of violation, to challenge the evidence or set forth an applicable defense. The notice(s) of violation shall constitute evidence of the facts contained in the notice and are admissible in any proceeding alleging a violation of this Article. The notice(s) of violation shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in this Article. The vehicle owner's or lessee's failure to appear at the hearing in person or by Affidavit will result in a finding of liability. In the event of a failure to appear, a "findings, decision and order" letter will be sent to the owner. The owner's failure to pay the amount by the date specified in that letter will result in a final determination. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-233 Final Determination. A final determination of violation liability shall occur following failure to pay the fine or penalty set forth in the notice(s) of violation, failure to request a hearing by the respond-by date set forth in the final notice of violation, or after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust the administrative review procedures provided by this Article. Where a person fails to appear at a hearing in person or by Affidavit to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination shall become final upon a failure to pay the amount owed on the date provided in the "findings, decision and order" letter. Appeal may be made to the Circuit Court of Will County on any final determination as provided by the Administrative Review Act. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016 Sec. 5-234. Notice of Determination of Liability. If the registered owner or lessee fails to timely pay or contest the notice(s) of violation, a notice of determination of liability will be sent to the owner or lessee indicating that a fine in the amount of One Hundred Dollars ($100.00) is due to the Village. The notice of determination of liability will also state that the owner or lessee can petition the Village to set aside the determination of liability before it becomes final. If the owner or lessee does not pay the One Hundred Dollars ($100.00) as specified in the notice or petition the Village to set aside the determination, a notice of final determination will be sent to the owner indicating that the owner or lessee has exhausted all challenge options and the One Hundred Dollar ($100.00) fine is a debt due and owing to the Village and must be paid within twenty-eight (28) days. The owner or lessee will also be notified that failure to pay the One Hundred Dollar ($100.00) fine within twenty-eight (28) days will result in a late fee of One Hundred Dollars ($100.00) added to the original fine. The notice of final determination shall be sent following the final determination of automated traffic law violation liability and the conclusion of judicial review. The notice of final determination shall include the following information: 1. A statement that the unpaid fine is a debt due and owing to the Village; 2. A warning that a failure to pay any fine due and owing to the Village of Plainfield within twenty-eight (28) days may result in a petition to the Circuit Court of Will County to have the unpaid fine rendered as a judgment or may result in the suspension of the person's driver's license for failure to pay fines or penalties for five (5) or more violation under this Article. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-235. Petitions to Set Aside Determination. A petition to set aside a determination of an automated traffic law violation must be filed with or mailed to the Traffic Control Administrator within fourteen (14) days of the date of the Notice of Determination of Liability. The grounds for the petition are limited to: 1. The person was not the owner or lessee of the cited vehicle on the date the violation notice was issued; 2. The person has already paid the fine for the violation in question; and 3. Excusable failure to appear at or request a new date for a hearing. Upon receipt of a timely petition to set aside the determination of liability, the hearing officer shall review the petition to determine if cause has been shown to set aside the determination. If cause has been shown, the Village shall forward the petitioner a new hearing date on which the petitioner may appear in person or by Affidavit to present his/her case. The Village shall notify the petitioner of the hearing officer's decision to grant a hearing or deny the petition within fourteen (14) days of the Village's receipt of the petition. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-236. Notice of Impending Driver's License Suspension. A notice of impending driver's license suspension shall be sent to the person liable for any fine or penalty that remains due and owing on five (5) or more violations of this Article. The notice of impending driver's license suspension shall state the following information: 1. The failure to pay the fine or penalty due and owing within forty-five (45) days of the date of the notice of impending driver's license suspension will result in the Village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under 625 ILCS 5/6-306.5; and 2. A statement that the person may obtain a copy of the original notice of violation and/or citation imposing the fine or penalty by sending a self- addressed, stamped envelope to the Village along with a request for the copy. The notice of impending driver's license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the applicable Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Postal Service approved database. (Ord. No. 2768, §3, 6-3-2008) Sec. 5-237. Driver's License Suspension. The Traffic Compliance Administrator, by certified report, may request that the Secretary of State suspend the driving privileges of an owner of a registered vehicle who has failed to pay any fine or penalty due and owing as a result of five (5) automated traffic violations. The report shall be certified and contain the following: 1. The name and last known address of the owner of the cited vehicle as recorded with the Secretary of State, or the name and last known address of the lessee as provided by the lessor of the cited vehicle, or as recorded in a United States Postal Service approved database if any notice sent under this Article is returned as undeliverable; and driver's license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered to such person in any state; 2. A statement that the report is being made by the Village of Plainfield pursuant to this Article; and 3. A statement that a notice of impending driver's license suspension has been sent to the person named in the report at the address recorded with the Secretary of State or at the last address known of the owner or lessee of the cited vehicle, or if any notice sent under this section is returned as undeliverable to the last known address recorded at a United States Postal Service database; the date on which such notice was sent; and address to which such notice was sent. The Traffic Compliance Administrator shall notify the Secretary of State whenever a person named in the certified report has paid the previously recorded fine or penalty or whenever the municipality determines that the original report was in error. A certified copy of such notification shall also be given upon request and at no additional charge to the person named therein. Any person receiving notice from the Secretary of State that his/her driving privileges may be suspended at the end of a specified period may challenge the accuracy of the certified report prepared by the Traffic Compliance Administrator. The person shall, within seven (7) days after having received notice from the Secretary of State, request an opportunity to speak with the Traffic Compliance Administrator to challenge the accuracy of the certified report. If the Traffic Compliance Administrator determines that the original report was in error due to the fact that the person challenging the report was not the owner or lessee of the vehicle or that the person has already paid the fine for the subject five (5) or more automated traffic violations, the Traffic Compliance Administrator shall immediately notify the Secretary of State of such error in a subsequent amended certified report. (Ord. No. 2768, §3, 6-3-2008) SECTION FOUR. That any Village Ordinance or Resolution, or part thereof, in conflict with the provisions of this Ordinance is, to the extent of such conflict, expressly repealed. SECTION FIVE. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be stricken and shall not affect any other provision of this Ordinance. SECTION SIX. This Ordinance shall be in full force and effect after its passage, approval, and publication in pamphlet form as provided by law. SECTION SEVEN. This Ordinance shall be numbered as Ordinance No. 3273. PASSED the 20th day of June, 2016. AYES: Racich, Wojowski, Bonuchi, Lamb, O'Rourke NAYS: Peck ABSENT: None APPROVED this 20th day of June, 2016. LT_ •chael P. Collins illage President ATTESTED AND FILED IN MY OFFICE: i Michelle Gibas Village Clerk EXHIBIT A Sec. 5-225. Automated Traffic Law Enforcement System. The Police Departmcnt of the Village is hereby authorized to direct and supervise an automated traffic law enforcement system pursuant to the provisions of this Article. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-226. Definitions. Unless the context otherwise requires, the following terms as used in this Article shall be construed according to the definitions given below: Automated Traffic Law Enforcement System means a device within the Village with one or more motor vehicle sensors working in conjunction with red light signals to produce recorded images of motor vehicles entering an intersection against a steady or flashing red signal indication in violation of 625 ILCS 5/11- 306, or similar violation of the Village Code. Disregarding a Traffic Control Device means the failure of an operator of a motor vehicle to stop and remain stopped before an intersection that is controlled by a red signal as provided for in 625 ILCS 5/11-306, or similar violation of this Code. ' - - . e- - - - e - - - - - - - - - -- - -e e _ ._ .. signal as provided for in 625 ILCS 5/11 306. Recorded Images means the images produced by an automated traffic law enforcement system, which consist of either two (2) or more photographs; two (2) or more microphotographs; two (2) or more electronic images; or a video recording showing the motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle. Secretary of State means the office of the Illinois Secretary of State. Traffic Compliance Administrator shall mean the Chief of Police of the Village of Plainfield, or his designee, who shall have the power to adopt, distribute and process automated traffic law violation notices and other notices required by this Article, collect money paid as fines and penalties, operate the automated traffic law enforcement system, and make certified reports to the Secretary of State as required by this Article. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-227. Violations. It shall be a violation of this Article for a vehicle to disregard a traffic control device or turn on red in violation of 625 ILCS 5/11-306 or similar violation of the Village Code. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-228. Signage. An intersection equipped with an automated traffic law enforcement system must be posted with a sign visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system. (Ord. No. 2768, §3, 6-3-2008) Sec. 5-229. Administrative Adjudication. For purposes of administrative adjudication of violations of this Article, the Village shall establish by ordinance an administrative adjudication system pursuant to 625 ILCS 5/11-208.3. The Village Administrator shall appoint a hearing officer in accordance with 65 ILCS 5/1-2.1-1. The jurisdiction of the administrative adjudication system shall include violations of this Article. (Ord. No. 2768, §3, 6-3-2008) Sec. 5-230. Defenses. The following may be considered by the hearing officer as defenses for a violation of Section 5-227 of this Article: 1. That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred, and were not under the control of or in the possession of the registered owner of the vehicle at the time of the violation. To sufficiently demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the registered owner at the time of the violation, the vehicle owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with the applicable law enforcement agency in a timely manner. 2. That the driver of the vehicle passed through the intersection when the light was red either to yield the right of way to an emergency vehicle, or as part of funeral procession. 3. That at the time of the violation the traffic signal was not in proper position or not sufficiently legible to allow compliance with the traffic signal. 4. That the vehicle was sold prior to the violation and the registered owner/operator of the vehicle did not have control, possession or access to the vehicle at the time of the violation. 5. That the driver of the vehicle was acting in response to a medical emergency. 6. Any information related to the driver's operation of the vehicle and/or roadway conditions, deemed by the hearing officer to be relevant to the violation. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - : eff. —2016) Sec. 5-231. Notice(s) of Violation. When the automated traffic law enforcement system records a motor vehicle entering an intersection in violation of Section 5-227 of this Article, the Village shall cause an initial notice of violation to be issued to the registered owner or lessee of the vehicle. The initial notice of violation shall be delivered within twenty-one (21) days of the date of the violation. The initial notice of violation shall provide a respond-by date thirty-five (35) days from the date of the violation. If the registered owner or lessee of the vehicle fails to respond to the initial notice of violation, a final notice of violation shall be issued to the registered owner or lessee of the vehicle. The final notice of violation shall be delivered within fourteen (14) days of the respond-by date set forth in the initial notice of violation and shall provide a respond-by date twenty- eight (28) days from the issuance date of the final notice of violation. The Village shall only be required to cause notice to be issued to a lessee if the leasing company/lessor provides the lessee's name by an affidavit and a copy of the lease within fourteen (14) days of issuance of the notice. If the driver information is not provided within fourteen (14) days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, an amended notice shall be sent to the last known address recorded with the United States Postal Service's approved database of the owner or lessee of the cited vehicle. All notices of violation shall be made by first class mail, postage prepaid. A notice of violation associated with an automated traffic law violation shall require a review of the associated recorded image by the Traffic Compliance Administrator, who shall inspect the image and determine whether the motor vehicle was being operated in violation of Section 5-227 of this Article, or whether any of the defenses enumerated in Section 5-230 of this Article are visible upon inspection. Upon determination that the recorded image captures a violation of Section 5-227 of this Article and that no defense applies, the notice(s) of violation shall be served upon the registered vehicle owner or lessor/lessee in the manner provided above. The Traffic Compliance Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner or lessor/lessee of the vehicle. Each notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above noted statutory and local provisions and shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in this Article. Each notice of violation shall include the following information: 1. The name and address of the registered owner, lessor or lessee of the vehicle, as indicated by the records of the Secretary of State; or, if such information is outdated or unattainable, then the last known address recorded in a United States Postal Service approved database; 2. The make (only if discernable) and registration number of the vehicle involved in the violation; 3. The violation charged; 4. The location where the violation occurred; 5. The date and time of the violation; 6. A copy of the recorded images; 7. The amount of the fine or penalty and the date by which the penalty should be paid if a hearing is not requested, and a statement that the payment of the fine or penalty shall operate as a final disposition of the violation; 8. A statement that the recorded images are evidence of a violation of a red light signal; 9. A statement that failure to pay the fine or penalty by the date noted may result in an additional late fee being assessed against the owner or lessor/lessee; 10. The amount of the late fee; 11. A statement that the failure to pay the fine or penalty by the date specified will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle; 12. A statement that the recorded images constitute prima facie evidence of a violation; 13. A statement that the person may elect to proceed by paying the fine or challenging the charge in court, by mail or by administrative hearing; and 14. A statement of how an administrative hearing may be requested..-; and 15. A website address, accessible through the Internet, where the person may view the recorded images of the violation. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-232. Hearing. The owner or lessee of a vehicle operated in violation of this Article may request a hearing by the respond-by date set forth in the initial notice of violation or the final notice of violation, to challenge the evidence or set forth an applicable defense. The notice(s) of violation shall constitute evidence of the facts contained in the notice and are admissible in any proceeding alleging a violation of this Article. The notice(s) of violation shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in this Article. The vehicle owner's or lessee's failure to appear at the hearing in person or by Affidavit will result in a finding of liability. In the event of a failure to appear, a "findings, decision and order" letter will be sent to the owner. The owner's failure to pay the amount by the date specified in that letter will result in a final determination. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - : eff. —2016) Sec. 5-233 Final Determination. A final determination of violation liability shall occur following failure to pay the fine or penalty set forth in the notice(s) of violation, failure to request a hearing by the respond-by date set forth in the final notice of violation, or after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust the administrative review procedures provided by this Article. Where a person fails to appear at a hearing in person or by Affidavit to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination shall become final upon a failure to pay the amount owed on the date provided in the "findings, decision and order" letter. Appeal may be made to the Circuit Court of Will County on any final determination as provided by the Administrative Review Act. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-234. Notice of Determination of Liability. If the registered owner or lessee fails to timely pay or contest the notice(s) of violation, a notice of determination of liability will be sent to the owner or lessee indicating that a fine in the amount of One Hundred Dollars ($100.00) is due to the Village. The notice of determination of liability will also state that the owner or lessee can petition the Village to set aside the determination of liability before it becomes final. If the owner or lessee does not pay the One Hundred Dollars ($100.00) as specified in the notice or petition the Village to set aside the determination, a notice of final determination will be sent to the owner indicating that the owner or lessee has exhausted all challenge options and the One Hundred Dollar ($100.00) fine is a debt due and owing to the Village and must be paid within fourteen (14}twenty- eight (28) days. The owner or lessee will also be notified that failure to pay the One Hundred Dollar ($100.00) fine within fourteen (14) twenty-eight (28) days will result in a late fee of One Hundred Dollars ($100.00) added to the original fine. The notice of final determination shall be sent following the final determination of automated traffic law violation liability and the conclusion of judicial review. The notice of final determination shall include the following information: 1. A statement that the unpaid fine is a debt due and owing to the Village; 2. A warning that a failure to pay any fine due and owing to the Village of Plainfield within fourteen (14}twenty-eight (28) days may result in a petition to the Circuit Court of Will County to have the unpaid fine rendered as a judgment or may result in the suspension of the person's driver's license for failure to pay fines or penalties for five (5) or more violation under this Article. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - ; eff. —2016) Sec. 5-235. Petitions to Set Aside Determination. A petition to set aside a determination of an automated traffic law violation must be filed with or mailed to the Traffic Control Administrator within fourteen (14) days of the date of the Notice of Determination of Liability. The grounds for the petition are limited to: 1. The person was not the owner or lessee of the cited vehicle on the date the violation notice was issued; 2. The person has already paid the fine for the violation in question; and 3. Excusable failure to appear at or request a new date for a hearing. Upon receipt of a timely petition to set aside the determination of liability, the hearing officer shall review the petition to determine if cause has been shown to set aside the determination. If cause has been shown, the Village shall forward the petitioner a new hearing date on which the petitioner must may appear in person or by Affidavit to present his/her case. The Village shall notify the petitioner of the hearing officer's decision to grant a hearing or deny the petition within fourteen (14) days of the Village's receipt of the petition. (Ord. No. 2768, §3, 6-3-2008; Ord. 2016 - : eff. —2016) Sec. 5-236. Notice of Impending Driver's License Suspension. A notice of impending driver's license suspension shall be sent to the person liable for any fine or penalty that remains due and owing on five (5) or more violations of this Article. The notice of impending driver's license suspension shall state the following information: 1. The failure to pay the fine or penalty due and owing within forty-five (45) days of the date of the notice of impending driver's license suspension will result in the Village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under 625 ILCS 5/6-306.5; and 2. A statement that the person may obtain a copy of the original notice of violation and/or citation imposing the fine or penalty by sending a self- addressed, stamped envelope to the Village along with a request for the copy. The notice of impending driver's license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the applicable Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Postal Service approved database. (Ord. No. 2768, §3, 6-3-2008) Sec. 5-237. Driver's License Suspension. The Traffic Compliance Administrator, by certified report, may request that the Secretary of State suspend the driving privileges of an owner of a registered vehicle who has failed to pay any fine or penalty due and owing as a result of five (5) automated traffic violations. The report shall be certified and contain the following: 1. The name and last known address of the owner of the cited vehicle as recorded with the Secretary of State, or the name and last known address of the lessee as provided by the lessor of the cited vehicle, or as recorded in a United States Postal Service approved database if any notice sent under this Article is returned as undeliverable; and driver's license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered to such person in any state; 2. A statement that the report is being made by the Village of Plainfield pursuant to this Article; and 3. A statement that a notice of impending driver's license suspension has been sent to the person named in the report at the address recorded with the Secretary of State or at the last address known of the owner or lessee of the cited vehicle, or if any notice sent under this section is returned as undeliverable to the last known address recorded at a United States Postal Service database; the date on which such notice was sent; and address to which such notice was sent. The Traffic Compliance Administrator shall notify the Secretary of State whenever a person named in the certified report has paid the previously recorded fine or penalty or whenever the municipality determines that the original report was in error. A certified copy of such notification shall also be given upon request and at no additional charge to the person named therein. Any person receiving notice from the Secretary of State that his/her driving privileges may be suspended at the end of a specified period may challenge the accuracy of the certified report prepared by the Traffic Compliance Administrator. The person shall, within seven (7) days after having received notice from the Secretary of State, request an opportunity to speak with the Traffic Compliance Administrator to challenge the accuracy of the certified report. If the Traffic Compliance Administrator determines that the original report was in error due to the fact that the person challenging the report was not the owner or lessee of the vehicle or that the person has already paid the fine for the subject five (5) or more automated traffic violations, the Traffic Compliance Administrator shall immediately notify the Secretary of State of such error in a subsequent amended certified report. (Ord. No. 2768, §3, 6-3-2008)