(A) Written determination. At the conclusion of the hearing, the Hearing Officer shall issue a written determination on the basis of the evidence presented at the hearing as to whether or not a code violation exists and such determination shall be designated as the findings, decision and order and shall include:
(1) The Hearing Officer’s findings of fact;
(2) A decision of whether or not a code violation exists based upon the findings of fact;
(3) An order that states the sanction and costs imposed, which costs are debts due and, owing the city; or dismisses the case if a violation is not proved. A monetary sanction for a violation under this chapter shall not exceed the amount provided for in 65 ILCS 5/1-2-1 in its current form and as amended from time to time;
(4) A warning that failure to pay may result in prosecution of the case by the City Attorney, referral to a collection agency, filing of a lien upon property and/or personal estate, and/or suspension of drivers licenses for ten or more unpaid citations pursuant to the applicable state statute;
(5) A warning that the vehicle owned by the person and located within the city may be immobilized and impounded for the failure to pay fines or penalties for ten or more vehicular standing or parking regulations violations; and
(6) Any other warning of possible impoundment as permitted by law or ordinance.
(B) Service of order. A copy of the findings, decision and order shall be served on the defendant within five days after it is issued. Service shall be in the same manner that the report form and summons are served under § 11.05 of this chapter.
(C) Payment. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in the code, unless the corporate authorities adopting this chapter provide otherwise.
(D) Failure to pay fine, sanction or costs. A fine, other sanction or costs imposed or part of any fine, other sanction or costs imposed, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Administrative Review Law, 735 ILCS 5/3-101 et seq. shall be a debt due and owing the city and, as such, may be collected in accordance with applicable law.
(E) Enforcement of judgment. After expiration of the period within which judicial review under the Administrative Review Law (735 ILCS 5/3-101 et seq.) may be sought for a final determination of the code violation, unless stayed by a court of competent jurisdiction, the findings, decision and order of the Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(F) Petition for entry of judgment in Circuit Court. Nothing herein shall restrict the city from commencing a proceeding in the Circuit Court of the county in which the city is located for the purpose of obtaining a judgment on the findings, decision and order.
(1) Nothing in this section shall prevent the city from consolidating multiple findings, decisions and orders against a person in such a proceeding. Upon commencement of the action, the city shall file a certified copy of the findings, decision and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision and order was issued in accordance with this chapter and the applicable municipal ordinances.
(2) Service of the summons and a copy of the petition may be by any method; provided that, the total amount of fines, other sanctions and costs imposed by the findings, decision and order does not exceed $2,500.
(3) If the court is satisfied that the findings, decision and order was entered in accordance with the requirements of this chapter and the applicable city ordinance and that the defendant had an opportunity for a hearing under this chapter and for judicial review as provided in this chapter:
(a) The Court shall render judgment in favor of the city and against the defendant for the amount indicated in the findings, decision and order, plus costs. The judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money; and
(b) The Court may also issue any other orders and injunctions that are requested by the city to enforce the order of the Hearing Officer to correct a code violation.
(G) Expenses of enforcement.
(1) In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by a municipality to enforce the judgment, including, but not limited to, attorney fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a Hearing Officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law.
(2) Prior to any expenses being fixed by a Hearing Officer pursuant to this division (G), the municipality shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative Hearing Officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a hearing, which shall not be less than seven days from the date that notice is served. If notice is served by mail, the seven-day period shall begin to run on the date that the notice was deposited in the mail.
(H) Liens. Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the municipality under this section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
(I) Order and sanction attach to property. In the case of a building code violation only, the order to correct a building code violation and the sanctions imposed by the city as the result of a finding of a building code violation under this section shall attach to the property as well as to the property owner so that a finding of a building code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision and order of a Hearing Officer under this chapter.
(Prior Code, § 11.10) (Ord. 06-019, passed 3-28-2006; Ord. 2016-002, passed 2-9-2016; Ord. 2021-032, passed 8-24-2021)