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(a) Definitions. As used in this section, unless the context indicates otherwise:
"Debt" shall have the meaning ascribed to the term in subsection (a) of Section 4-4-150.
"Otherwise resolved" or "otherwise resolves" means any debt that (1) has been discharged by the city council in accordance with terms and conditions fixed by the city council; or (2) is governed by an agreement for payment of the debt entered into by the person owing such debt with a court of competent jurisdiction or the department of finance or the department of law or the State of Illinois or any appropriate city department or local, state or federal government agency or third party for the payment of all debts owed, if each person owing the debt is in compliance with the terms of the agreement; or (3) enforcement of which has been judicially stayed by a court of competent jurisdiction; or (4) is the subject matter of a good faith negotiation with the department of finance, as determined by the comptroller, to resolve a dispute contesting liability for, or the amount of, such debt; or (5) is dischargeable in bankruptcy and the person owing such debt has filed a petition in bankruptcy.
"Requested city action" means the issuance of the applicable license or permit or acceptance of the applicable application by the responsible department.
"Responsible department" means the city department responsible for issuing the applicable license or permit or for accepting the applicable application.
"Satisfied" or "satisfies" mean any outstanding debt that has been or is paid in full.
(b) Investigation authorized. If the issuance of a license or permit or acceptance of an application is prohibited under this Code to any person who has outstanding debt, the department of finance may investigate whether such person has outstanding debt.
(c) Notification required. If, as a result of an investigation under this section, the department of finance determines that any applicable person has outstanding debt, the department shall notify the person owing the debt of its determination and of the fact that such person is ineligible under the Code for the requested city action until such time that the outstanding debt is satisfied or otherwise resolved. The notification required under this subsection shall:
(i) be in writing;
(ii) notify the person owing the debt and, if required under the Code, such person's agent, that the Municipal Code of Chicago prohibits the responsible department from granting the requested city action to persons who have outstanding debt;
(iii) state that the department of finance has determined that an outstanding debt exists;
(iv) describe the debt that is outstanding or inform the person owing the debt that, upon request, a description of the outstanding debt is available from the department of finance;
(v) inform the person owing the debt of his or her right to contest the department of finance's determination that an outstanding debt exists; and
(vi) inform the person owing the debt of the circumstances under which an outstanding debt will be deemed to have been satisfied or otherwise resolved.
If notice is provided by mail, it shall be sufficient to mail the notice to the last address that the person owing the debt provided to the responsible department. The date of the notice shall be the date such notice is deposited in the mail, if served by first class mail; the date of delivery, if served by personal service; or the date of service, if served in any other manner.
(d) (1) Right to petition. Upon request of the person owing the debt, the department of finance shall provide such person with a written description of such debt. The person owing the debt shall have ten business days from the date of the notice issued under subsection (c) to petition the comptroller to reverse the department's determination under subsection (b), by submitting in person or by mail, a written response to the comptroller that includes the following materials and information: (i) the full name, address and telephone number of the person owing the debt; (ii) a written statement signed by the person owing the debt setting forth facts, law or other information relevant to establishing a defense to the department's determination under subsection (b); (iii) a copy of the notice provided by the department under subsection (c) to the person owing the debt; and (iv) any documentary evidence that supports the written statement of the person owing the debt, including receipts for the payment of an alleged debt or other tangible proof that the debt has been satisfied or otherwise resolved.
(2) Final order. Within ten business days of receiving a petition under subsection (d)(1) from the person owing the debt, unless a longer period is mutually agreed upon, the comptroller shall enter an order granting or denying the petition. If the petition is denied, such order of the comptroller shall be accompanied by a written decision stating why the petition is being denied. Such order of the comptroller shall be final and may be appealed as provided by law. Upon issuance of such final order, the person seeking the requested city action shall not be eligible for such requested city action until such person satisfies or otherwise resolves the outstanding debt.
(e) Failure to file timely petition. If the person owing the debt fails to file a timely and proper petition under subsection (d)(1), such person shall be deemed to have waived his or her right under this section to contest the department's determination under subsection (c), and the requested city action shall not be granted until the outstanding debt is satisfied or otherwise resolved.
(f) Duration of validity of determination. If, in connection with any investigation conducted under subsection (b) of this section, the department of finance determines that a person does not have any outstanding debt or that an outstanding debt has been satisfied or otherwise resolved, the department may presume, for a period of 90 days from the date of such determination, that such determination is accurate and remains valid.
(g) Refunds. Upon written application by any person determined under this section to owe debt, and subject to any applicable rules contained in this Code relating to refunds, the City or any third party collecting payments on behalf of the City shall refund any payment that was received from such person for any debt that the City or a court of competent jurisdiction determines was not owed by such person.
(Added Coun. J. 11-16-11, p. 13798, Art. I, § 2)
The department of finance shall investigate and determine whether all persons required by the municipal code to pay any tax or secure any license, permit or franchise have complied with such provisions and, in cases of evasion of payment, the department shall serve notices of delinquency and upon advice, counsel and representation of the corporation counsel, shall request proceedings to be instituted to enforce such provisions and collections. Nothing in this section limits the powers of the department of business affairs and consumer protection provided for in Section 2-25-050.
(Added Coun. J. 11-16-11, p. 13798, Art. I, § 2)
The comptroller is authorized to make and enforce such reasonable rules and regulations as may be necessary to effectively administer any of the powers granted the comptroller in this code. All such rules and regulations shall be adopted only after notice to the general public and publication of the rules and regulations proposed to be adopted in one or more newspapers of general circulation in the city, no fewer than ten and no more than 30 days prior to the effective date of such rules and regulations. Upon adoption, such rules and regulations shall be maintained on file in the department of finance and shall be made available for public inspection during regular business hours.
(Added Coun. J. 11-16-11, p. 13798, Art. I, § 2)
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