(A) Except as provided otherwise in Chapter 30, the City Attorney shall conduct all the law business of the city and shall keep in proper books a register of all actions in court prosecuted or defended by the Attorney; such books shall at all times be open to the inspection of the Mayor or any member of the City Council.
(B) The City Attorney may draft ordinances as may be required of the Attorney by the City Council or by any committee thereof.
(C) The City Attorney shall draw any deeds, leases, contracts or other papers required by the business of the city when requested so to do by the Mayor, the City Council or by any Council committee.
(D) The City Attorney shall, when required to do so, furnish written opinions upon subjects submitted to him or her by the Mayor, the City Council or by any Council committee.
(E) Upon request of the City Council or Mayor, the City Attorney shall, on or before May 1 in each year, report in writing to the City Council the transactions of the Attorney’s office during the preceding year together with such other information as the Attorney may deem necessary and proper.
(F) The City Attorney shall be ex officio city prosecutor and shall be charged with the prosecution of all actions for violation of the ordinances of the city. He or she shall also institute an action in every case when there has been a violation of any city ordinance, when instructed so to do by the Mayor, the City Council, or upon complaint of any other person, when in the Attorney’s judgment the public interest requires that the same shall be prosecuted. The City Attorney is empowered to file a civil action to recover any penalty or fine for the violation of any city ordinance. Pursuant to 65 ILCS 5/1-2-9.1, in all actions for violation of the municipal code of the city where in the fine for the violation would not be in excess of $750 and no jail term could be imposed, service of summons may be by certified mail, return receipt requested, whether service is to be within or without the state. Any violations of the municipal code of the city where in the fine for the violation would be in excess of $750 is excluded.
(G) The City Attorney may discontinue any action brought for the violation of any city ordinance upon such terms as to the Attorney may deem equitable, and he or she shall, as to such actions, have like powers as State’s Attorneys in state cases. Such actions shall be discontinued with the advice and consent of the Mayor or City Council.
(H) The City Attorney shall have the power to incur all necessary expenses in fulfilling the duties of the office as authorized by prior appropriation.
(Prior Code, § 31.02) (Ord. 90-220, passed 5-22-1990; Ord. 2015-033, passed 11-10-2015; Ord. 2019-016, passed 5-28-2019)