Riverside’s attempt to crack down on vehicle sticker scofflaws has come under fire from a group of residents who say the village’s collection strategy is not only illegal but unconstitutional.
Leading the charge against the village is resident Shannon Capone Kirk, who is an attorney for a Chicago law firm. At the village’s Board of Trustees meeting on April 21 Kirk blasted village officials, calling the effort to collect vehicle sticker fees and late fees from prior years a violation of state statutes.
She also said the village’s ordinance regarding vehicle stickers was unfair in that it prevented those who had failed to purchase past stickers from buying current-year stickers, forcing them into non-compliance.
“What Riverside must do now is void past violations … and repay those who paid, and fix the code,” Kirk said.
Village President Harold J. Wiaduck Jr. said that the board would not make that decision immediately, but agreed that the village attorney and staff would address Kirk’s complaint and notify those facing penalties of as much as $3,000 what the village’s next move would be.
“If there’s an error, it will be corrected,” Wiaduck said.
In February, Riverside announced it was going after those vehicle owners who never bought stickers, seeking to collect three years’ worth of sticker and late fees, up to $155 per year per vehicle.
Officials estimated that some 250 to 300 vehicles weren’t registered with the village and that the collection dragnet could net $120,000 to $150,000 in revenue.
Some vehicle sticker scofflaws made restitution with the village upon receiving the notices, some of them setting up payment plans with the village. But around 10 residents sought to fight the charges for a variety of reasons.
In some cases, they were being charged for vehicles they say they haven’t owned for years. Some said they were getting charged for more than three years in back fees, while some said they were being charged more than $155 per year per vehicle.
Others contended that they owned the vehicles, but kept them in a garage or in other towns for many months of the year and shouldn’t have to pay the local tax.
Those people went to an adjudication hearing scheduled for April 17 in Riverside to present their case. The adjudicator declined to make any ruling and referred the complaints to the village board.
At the village board meeting, Kirk cited an Illinois statute that gives Riverside its authority to adjudicate parking and compliance, a law that mandates a village to notify offenders of any violation within 90 days.
She also cited a 2002 court case, arguing the penalty structure Riverside implemented was unconstitutional and denied people due process rights. The village compounded that error, Kirk said, through its ordinance that states the village manager “shall not issue a motor vehicle license” unless payment had been received for previous years.
Kirk further stated that the village’s adjudicator did not possess the authority to pass a judgment for amounts over $250 per the state statute on which Riverside’s law is based.
In addition, Kirk called Riverside’s late fees “grossly disproportionate” compared to other communities, noting “the annual [$45] fee is double most other towns.” While Riverside seeks to collect $110 in late fees, the next highest late fee in any nearby community was $45, according to Kirk.
Village Attorney Dean Krone said that the village is perfectly within its rights to impose the vehicle sticker fee and collect late fees “within reason.”
But faced with Kirk’s argument and evidence he acknowledged, “We’ll certainly take a hard look at this and report back to the village board.”