(A) The Office of the Clerk-Treasurer shall constitute and be established as an Ordinance Violations Bureau for the acceptance of written appearances, waivers of trial, admissions of violations, and payment of civil penalties of not more than $250 in ordinance violation cases. When a defendant admits an ordinance violation in lieu of the initiation of court proceedings against him or her and pays the fine in accordance with this section, the Ordinance Violations Bureau shall retain the entire amount of any fine paid without deducting any amount for payment of court costs. Further, the Ordinance Violations Bureau Clerk, or her designee, shall make an accounting of the fines paid and shall pay the same to the Municipal Corporation in accordance with applicable law, as amended from time to time.
(B) The Clerk-Treasurer shall be designated and act as the administrator of the Ordinance Violations Bureau created herein.
(C) The following exhibit is a schedule of ordinances and town code provisions of the town which shall be subject to the jurisdiction of the Ordinance Violations Bureau, and the initial violation within a calendar year of said ordinances and town code provisions shall be subject to a civil penalty as set forth, which schedule, including the designated ordinances and town code provisions, with applicable penalties, is set forth in Exhibit “A” attached hereto and incorporated herein by reference.
(D) Any person or entity cited for violation(s) of any of the above-referenced ordinances or town code provisions who have not been cited for violation(s) of the same ordinance or town code provisions within the calendar year shall be entitled to take appropriate corrective measures to comply with the applicable ordinance or town code provisions within seven days from the date of issuance of the citation of violation. Further, the person or entity cited shall be required to contact the town to schedule an inspection of the corrections of the cited violation(s) within the same seven days period from the date of issuance of the citation of violation(s). In the event that appropriate corrective measures have been taken within seven days from the date of issuance of the citation, and an inspection requested and made within the same seven day period results in verification of full and complete compliance by the duly designated town representative, then the citation issued will be voided and all further proceedings terminated. In the event that the person or entity cited for ordinance or town code violation(s) within the calendar year does not take corrective measures within the required seven day time period, or takes corrective measures within the required seven day time period but does not notify and schedule an inspection by the duly designated town representative within the required seven day time period to verify full and complete compliance, then the person or entity cited shall have 14 days from the date of issuance of the citation to appear at the Ordinance Violations Bureau to pay the applicable fine(s) for the citation(s) issued.
(E) Any person or entity cited for violation(s) of any of the above-referenced ordinances or town code provisions who has been cited for like violations of the same ordinance or town code provisions within the same calendar year shall not be entitled and permitted to pay a fine at the Ordinance Violations Bureau. Such repetitive violation(s) shall be filed by the administrator of the Ordinance Violations Bureau, or duly designated representative, with the Clerk of the court having jurisdiction over such ordinance or town code violations, and the violation will be processed through the judicial system of Lake County for trial on the merits.
(F) Any person or entity cited for violation(s) of any of the above-referenced ordinances or town code provisions entitled under the provisions of this section to pay fines for cited violation(s) to the Ordinance Violations Bureau shall do so within 14 days from the date of issuance of the citation of violation.
(G) Any person or entity paying a fine at the Ordinance Violations Bureau under the provisions of this section shall sign a waiver of the right to trial and admission of the ordinance or town code violation for which the citation was issued.
(H) Any person or entity who intends or seeks to contest an ordinance or town code violation within the jurisdiction of the Ordinance Violations Bureau shall sign a written denial of the violation, and thereafter, the cited violation shall be filed by the administrator of the Ordinance Violations Bureau, or duly designated representatives, with the Clerk of the court having jurisdiction over such ordinance or town code violations, and the matter shall be set for trial.
(I) In the event that a citation for an ordinance or town code violation has not been paid at the Ordinance Violations Bureau within 14 days of issuance, the cited ordinance or town code violation(s) shall be filed with the Clerk of the court having jurisdiction over such violations, and the matter shall be set for trial.
(J) Nothing herein shall be construed as limiting the rights of the town, or its duly designated officers, officials, representatives, employees, or attorneys, to maintain an action in a court of proper jurisdiction to enjoin or abate any ordinance or town code violation, and to recover in the same proceedings any penalties, fine, costs or damages provided for such ordinance or town code violation.
(Ord. 620, passed 11-15-94; Am. Ord. 726, passed 8-11-98; Am. Ord. 899, passed 7-6-04; Am. Ord. 972, passed 9-19-06)