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2010-09 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC
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2010-09 AMENDING CITY CODE - CHAPTER 34 - TRAFFIC
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8/27/2015 4:08:56 PM
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Resolution/Ordinance
Res Ord Num
2010-09
Res Ord Title
AMENDING CITY CODE - CHAPTER 34 - TRAFFIC
Department
Legal
Approved Date
2/16/2010
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the state in which the vehicle is registered. Said notice shall state that failure to pay the <br /> fine or penalty owing within forty-five 45) days of the notice date will result in the City <br /> notifying the Secretary of State that the person is eligible for initiation of suspension <br /> proceedings under section 6-306.5 of the Illinois Vehicle Code, as amended. The notice <br /> shall also state that the person may obtain a computer generated copy of the ticket <br /> imposing a fine or penalty by sending a self addressed, stamped envelope to the City <br /> along with a request for the copy. <br /> C. Upon receipt of the notice of impending driver's license suspension, the <br /> registered owner shall have twenty-one (21) days after the date of the notice to pay all <br /> fines or to submit a written request for a hearing to present documentary evidence that <br /> would conclusively disprove liability. Documentary evidence that would conclusively <br /> disprove liability shall be based on the following grounds: (1) that all fines for the <br /> violations cited in the notice of impending driver's_license suspension have beenap id in <br /> full; or (2) that the registered owner has not accumulated ten or more final determinations <br /> of parking or standing violation liability that were unpaid at the time the notice of <br /> impending drivers license suspension was issued_ The written request for a hearing must <br /> be submitted within twenty-one (21) days after the date of the notice of impending <br /> driver's license suspension to the City of Decatur's LegalDepartment. <br /> D. Within ten (10) days after receipt of the written request for a hearing, the City <br /> shall notify by certified mail, return receipt requested, the owner of record of said vehicle <br /> of the date, time and location of an administrative hearing A hearing shall be scheduled <br /> and held, unless continued by order of the City's hearing officer, on designated days of <br /> each month. The hearing shall be scheduled not less than seven (7) days and not more <br /> than thirty_ -1_0) days after notice thereof is mailed. All interested persons shall beig ven a <br /> reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not <br /> apply and hearsay evidence shall be admissible. The hearing shall be open to the public <br /> and a court reporter shall transcribe the proceedings. <br /> E. Upon expiration of the forty-five (45) days for payment, if the person named in <br /> the notice has not paid the fine or has not prevailed at a hearing pursuant to subsection C <br /> herein, the City shall prepare a certified report for the Secretary of State on forms <br /> supplied by the Secretary of State, or in a manner that contains: (1) The name, last known <br /> address and driver's license number of the person who failed to pay the fine or penalty <br /> and the registration number of any vehicle known to be registered to such person in this <br /> state,_-C2_Lhe_name_o_f the Citymaking_thc_r�ort pursuant to 625 ILCS 5/6-306.5 of the <br /> Illinois Vehicle Code, as amended, (3) I'he statement that the City sent notice of <br /> impending driver's license suspension to the person named in the report at the address <br /> recorded with the Secretary of State, and (4) The date on which such notice was sent and <br /> the address to which it was sent. <br /> F. Whenever a person named in the certified report pays the previously reported <br /> fines and penalties, or whenever the City determines that the original report was in error, <br /> the City shall notify the Secretary of State of the same. A certified copy of such <br />
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