Thursday, January 9, 2014

41st Ward Senior Citizen Treated Unjustly by the City: Where are the elected officials?

So, a 41st Ward Tax-Paying 75 year old Senior Citizen is told she must prove the city sticker she bought and paid, for on time, was on her windshield.  Ms. Tamayo received a ticket for no city sticker in error.  She appealed at a hearing, and brought proof, she bought her city sticker on time.  But, somehow that isn't enough these days, as Ms. Tomayo was told the onus is on her to prove the sticker was on her car at the time the ticket was issued.  She had to pay $200! On a Senior Citizen fixed income! What nonsense this is.  The article makes reference to a trip to the alderman's office.  I have to assume that was useless, as the story ended up in the Sun-times today.




Hard to fight City Hall when fight isn’t fair


 
 
 
                                                                                                                                                                                                                                                                                                                                 

Updated: January 9, 2014 2:22AM



So you walk outside of your home and see a ticket on your car for failing to display a city vehicle sticker, only the sticker is clearly visible.
Most young people would likely grab a cellphone and photograph the sticker along with the ticket.
 
But senior citizens like Gladys Tamayo, 75, still think they can tell their stories and someone will listen and hear the truth.
Tamayo has lived in Chicago since 1966 — first in the Wrigley area and now in the Norwood Park community. Her voice mail message greets callers in both Spanish and English.
“My car was in front of the house and had a valid city sticker,” Tamayo told me. “When the ticket was issued by the city, I said this is wrong.”
Tamayo followed the procedure for appealing the ticket, first requesting a hearing and then showing up at 2550 W. Addison, one of the locations where these revenue cases are heard.
 
She accepts that she probably got off on the wrong foot with the administrative law officer, Lonathan D. Hurse, when she mistakenly walked behind the podium instead of standing in front of it.
Attempts to reach Hurse about Tamayo’s hearing were unsuccessful.
“I was a little nervous,” she admits.
“He read something about the law and said I didn’t have a city sticker on the car. But that is a lie,” she said.
Tamayo said she brought along a copy of the check she wrote for the sticker, but the judge said she had to prove directly that she had the sticker on the windshield before she got the ticket.
“I thought, you’ve got to be kidding. How can I prove that?” she asked.
According to the Municipal Code of Chicago, violations involving the display of the city sticker are excluded from defenses covering other parking violations.
In the end, Tamayo was ordered to pay $200 in fines.
“I was really upset. You are robbing me if you order me to pay for something I didn’t do because a lazy employee didn’t do the job,” Tamayo said.
“They should have seen the sticker. Maybe they drove by and didn’t see it. I don’t know,” she said.
In a city plagued by potholes and senseless crime, a 75-year-old woman’s complaint about a wrongful ticket might seem like a trivial thing.
And as a spokesman for the city of Chicago told me, Chicago police officers and city workers have “bigger fish to fry.”
But no one has $200 to throw away.
Given that this senior citizen made the effort to show up and defend herself by presenting her receipts for the sticker, the administrative officer was a bit harsh.
Moreover, we all make mistakes.
But under these circumstances, Tamayo had no way to prove the sticker was on the windshield at the time the officer or city employee wrote the ticket.
That doesn’t sit well with her, and frankly, wouldn’t sit well with anyone who lands in this situation.
Last week, she trekked up to her alderman’s office with her documents hoping to raise awareness about what she considers an unfair situation.
“That is what really gets me. I have to prove something I cannot prove,” she said.
Now Tamayo is on a crusade.
“I am not really upset about the $200. It is the principle involved. I need to let people know from now on they should take photographs of the sticker the moment they put it on their windshield,” she said.
You’ve got to like Tamayo’s spunk.
In fact, she may have just the right message to convince seniors they need to get one of those new-fangled phones.

7 comments:

  1. So, it would appear you have a better chance at a fair administrative hearing for a City of Chicago ticket it you write a reporter. Check out the follow up story about Mrs. Tamayo's situation: http://www.suntimes.com/news/mitchell/24882409-452/senior-citizen-wins-city-sticker-battle-but-complaints-aplenty.html

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    1. He's on the far south side now, I had the awful experience of having gone before him today... and even though my ticket was ultimately dismissed, it was not before he belittled , degraded , mocked me and threatened to "change his mind" about the dismissal if I said another word in my defense. Absolute bully!

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  2. Wednesday, January 15, 2014
    Break Proposed For Motorists Slapped With "Unfair" City Sticker Tickets
    Chicago motorists are often ticketed for failing to display their city sticker – even though they have purchased one.

    And the expensive ticket can often land a vehicle owner in front of an administrative hearing officer, unless they wish to pay the fine which can be $200 or higher. But today, Alderman Edward M. Burke (14th) and Mary O’Connor (41st) offered a legislative solution to what is often considered an "unfair" ticket.

    The aldermen introduced an ordinance before the Chicago City Council that seeks to make it a valid defense to argue that such a ticket should be thrown out -- if the vehicle owner can prove that the city sticker was already purchased.

    Under the proposed measure, an "affirmative defense" would be defined under the municipal code to include the ability to "demonstrate, by clear and convincing evidence that the vehicle was licensed in accordance with Section 3-56-020 at the time the citation was issued."

    "Simply put, this means that if you can show proof that a city sticker was actually purchased before the ticket was issued then the hearing officer would have to consider that fact as a valid defense," Alderman Burke said.

    Alderman O’Connor said she came to Alderman Burke and urged that a legislative solution be arrived at after one of her constituents, a Norwood Park senior, was fined $200 for not displaying a city sticker even though she had purchased one and it was on her windshield.

    The plight of Gladys Tamayo caught the attention of a local columnist and the matter was eventually dismissed. But not all Chicagoans are so lucky and the aldermen argue that it is time for the City Council to change the municipal code.

    "Fair is just fair," Alderman O’Connor said. "If you have paid the wheel tax and have a city sticker you should not end up on the hook for $200."

    The proposal was sent for consideration to the Committee on Finance.

    For more information contact Donal Quinlan, media liaison, at 312-744-6237.

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    1. This must of come from the O'Conner's office

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  3. The fine for failure to display a city sticker is $30, not the $200, Ms. Tamayo was fined. Will all the administrative hearing judge's cases be reviewed to correct his unjust interpretation of the current code? How long have the administrative judge(s) been assigning incorrect fine amounts? I hope the IG investigates the administrative hearing process, because something seems terribly wrong.

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  4. There is technology today to determine who has bought a city sticker from looking at the state license plate. There is absolutely no need for anyone to receive a ticket if they have already bought a city sticker. Easy to look into a hand held computer and check the data base.

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  5. Just another way to rip off and inconvenience the taxpayer. Even with the alderman's proposal, the taxpayer still has to take time off of work and defend themselves even after they bought the sticker. How unnecessary. And if the mayor found technology for speed cameras and red light cameras, he can surely give ticket writers access to the city sticker data base.

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