Loading...
(a) Under any membership agreement rules, the City's liability for the indemnification of the entity that is in charge of or managing 811 Chicago, or any officer, agent, or employee of that entity, or for a member of 811 Chicago or any officer, agent, or employee of a member of 811 Chicago, shall be limited to claims arising as a result of any negligent acts or omissions of the City or its officers, agents, or employees, or arising out of any negligent operation of the City's underground facilities.
(b) Subsection 10-21-100(a) shall not be construed to create any additional liability for the City in relation to any member of 811 Chicago with which the City may have entered into a franchise agreement. If the City's liability for indemnification under a franchise agreement is narrower than under this section, the franchise agreement controls.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) Except for the City of Chicago, its departments, and its employees acting in their capacities as such, persons who violate this chapter shall be subject to the following penalties:
(1) A person who violates Section 10-21-040 shall be subject to a penalty of $100. Each day that a person is required, but fails, to maintain membership in 811 Chicago constitutes a separate violation of that section.
(A) For the first incident, the City shall order the responsible person to satisfy training requirements established by CDOT.
(B) For the second incident, the City shall fine the responsible person $1,500.
(C) For the third incident, the City shall fine the responsible person $3,000.
(D) For the fourth and each subsequent incident, the City shall fine the responsible person $3,500 for the fourth incident, and increase the fine in increments of $500 for each additional incident, up to a maximum of $10,000.
(3) A person who owns or operates an underground facility or an underground location service who violates Section 10-21-060 or who maintains an incorrect facility map in violation of Section 10-21-060 and 10-21-040 shall be subject to a penalty of $1,000 for each separate offense. No such person shall be subject to a penalty where a delay in marking or a failure to mark or properly mark the location of an underground facility is caused by conditions beyond the reasonable control of such owner or operator.
(4) A person who violates Section 10-21-070 shall be subject to a penalty of not less than $1,000 nor more than $5,000 for each separate offense.
(b) Any training requirements ordered shall be completed within 60 days of the order. Failure to satisfy the training requirements within the required time period is a violation of this subsection and will result in a fine of $50 per day for each day the violation continues. Proof of said training must be transmitted to the Commissioner within 30 days of the completion of the training. In the event that an individual fails to get the ordered training, the Commissioner may institute an administrative enforcement action against the individual.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
Any person who negligently damages an underground facility causing an emergency telephone system outage must reimburse the public safety agency that provides personnel to answer calls or to maintain or operate an emergency telephone system during the outage for the agency's costs associated with answering calls or maintaining or operating the system during the outage.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)
There is hereby created in the City budget a special fund to be known as the Chicago Underground Facilities Damage Prevention Fund. All fines collected as a result of a violation of Section 10-21-050 and 10-21-080 shall be deposited into this fund, and distributed as a grant to 811 Chicago, for use in safety and informational programs designed to reduce the number of incidents of damage to underground facilities in Chicago. The Commissioner shall have the authority to administer this fund, and shall provide an accounting to the Evaluation Panel on a biannual basis.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
ARTICLE III. COMPLIANCE AND ENFORCEMENT (10-21-210 et seq)
Compliance with this chapter shall be enforced through the One-Call Adjudicatory Process as provided for in this article. The provisions of Division 2.1 of Article 1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq., are hereby adopted and incorporated into this chapter as if fully set forth herein.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3)
The Commissioner of Transportation shall act ex officio as the Director of the One-Call Adjudicatory Process, and in his discretion may appoint a designee to carry out those powers and duties. The powers and duties of the Director shall include:
(a) directing the management and structure of the One-Call Adjudicatory Process;
(b) appointing and removing Administrative Law Officers, as necessary;
(c) promulgating rules for the proper administration and enforcement of the One-Call Adjudicatory Process;
(d) monitoring and supervising the work of the Evaluation Panel;
(e) issuing determinations as to liability after receipt and review of reports and recommendations from the Evaluation Panel; and
(f) issuing discipline to CDOT employees found liable for violations of this chapter and issuing recommendations of discipline to the relevant department head whose employees are found liable for violations of this chapter.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) The Director shall establish an Evaluation Panel comprising the following eight members, appointed by the Director: one member, who shall be the chairman, representing 811 Chicago; one member representing CDOT; one member representing the City of Chicago Department of Water Management; one member representing a non-governmental pipeline owner and operator; two members representing other non-governmental underground facility owners and operators; and two members representing the Greater Chicago Damage Prevention Council. In the initial group of appointees, four shall serve three-year terms and four shall serve two-year terms. Each subsequent appointee shall be chosen by the Director with the advice of the Panel members, and shall serve a two-year term, unless dismissed by the Director for cause. The Director shall have the authority to fill any vacancy on the Panel for the unexpired portion of the vacating member's term. The City shall provide staff support and meeting space to the Evaluation Panel.
(b) The Evaluation Panel shall consider all Administrative Notices of Violation issued under this chapter and brought before it, as well as any reports, position statements, and evidence transmitted with the Administrative Notice of Violation. For each Administrative Notice of Violation, the Evaluation Panel shall issue a recommendation with stated reasons advising whether the Director should find violations of this chapter and impose penalties and sanctions on any of the relevant persons.
(c) The members of the Evaluation Panel shall be immune, individually and jointly, from civil liability for any act or omission done or made in performance of their duties while serving as members of the Panel, unless the act or omission was the result of willful and wanton misconduct.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) Each Administrative Law Officer appointed by the Director shall be an attorney admitted to the practice of law in the State of Illinois for at least three years.
(b) Prior to conducting any administrative adjudication proceeding, an Administrative Law Officer shall have successfully completed a formal training program, approved by the Director, which includes the following:
(1) instruction on the rules of procedure of the administrative hearings which he will conduct;
(2) orientation to each subject area of the code violations which he will adjudicate;
(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including ruling on evidence and issuing final orders.
(c) An Administrative Law Officer shall hear all motions to review determinations of the Director. The Administrative Law Officer shall conduct a review hearing of the Administrative Notice of Violation. The Administrative Law Officer shall have all powers necessary to conduct fair and impartial hearings including, but not limited to, the power to:
(l) hold conferences for the settlement or simplification of the issues;
(2) administer oaths and affirmations;
(3) hear testimony;
(4) rule upon motions, objections, and the admissibility of evidence;
(5) subject to the restrictions contained in Section 10-21-300, at the request of any party or on the Administrative Law Officer's own motion, subpoena the attendance of relevant witnesses and the production of relevant books, records, or other information;
(6) preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
(7) regulate the course of the hearing in accordance with this chapter, the rules adopted by One-Call Adjudicatory Process for the conduct of administrative hearings, or other applicable law;
(8) issue a final order which includes findings of fact and conclusions of law; and
(9) impose penalties and fines and issue orders that are consistent with applicable code provisions and assess costs upon finding a party liable for the charged violation; provided, however, that in no event shall the Administrative Law Officer have the authority to impose a fine in excess of $50,000 exclusive of costs of enforcement or costs imposed to secure compliance with this Code.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
(a) The Commissioner shall empower one or more inspectors of CDOT to investigate work sites and claims of violations of this chapter. At an inspector's request, all parties shall cooperate and turn over to the inspector requested information such as, but not limited to, work sheets, photos, permits, reports, and make available relevant personnel to help in his investigation. All facts that parties wish to be considered by the Evaluation Panel shall be turned over to the inspector during his investigation.
(b) When a potential violation of this chapter is revealed by inspection or investigation, CDOT may issue an Administrative Notice of Violation to parties who may be in violation of this chapter.
(1) No action may be brought unless commenced within the 24-month period following the date of alleged violation.
(2) The Administrative Notice of Violation shall be issued in compliance with the notice provision of Section 10-21-280(c) and (e).
(3) Copies of all evidence CDOT plans on providing to the Evaluation Panel in support of the existence of violation shall be provided with the Administrative Notice of Violation.
(c) A person to whom an Administrative Notice of Violation has issued may, within 21 days of issuance, pay the indicated fine, if available. If the fine is not paid within that period, or if advance payment is not available, the Administrative Notice of Violation will go to the Evaluation Panel for review.
(d) Within 30 days after an Administrative Notice of Violation has issued, the respondent may file a defense in the form of a position statement with the inspector for transmission to the Evaluation Panel. The position statement may include as exhibits all relevant briefs, affidavits, permits, photos, reports and worksheets.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)
Loading...