2-32-1720 Scope of debt relief.

   (a)   Any hardship debtor seeking relief pursuant to this Article for an FDO shall apply for such relief through procedures established by the Department. If an application is approved, a hardship debtor shall pay any restitution amount in full plus fifty percent of the fine amount ordered in any FDOs issued prior to the application or enroll in a hardship payment plan for that same amount. After an application is approved, no additional FDOs entered after such date shall be eligible for relief.

   (b)   Following payment of the restitution amount in full plus fifty percent of the fine amount ordered in the FDO by a hardship debtor, or upon completion of a hardship payment plan pursuant to its terms, the Department shall: (1) waive all other costs associated with the paid fine or restitution; (2) the City shall not seek civil or criminal prosecution for the failure to have paid any fine, restitution, or other costs for that administrative hearing violation; and (3) waive any remaining fines associated with the administrative hearing violations paid by the hardship debtor in accordance with this Section or that were included in a hardship payment plan.

   (c)   If a hardship debtor fails to complete any of the requirements of this Article: (i) all other costs associated with the administrative hearing violation remain due and owing; (ii) no relief is available under this Article; and (iii) invoices, collection letters, or other documents created in response to an application for relief under this Article that show the balance of an administrative hearing violation shall not be used as evidence of the current balance of said administrative hearing violation.

   (d)   In no event shall any relief granted under this Article entitle a hardship debtor to a refund for any amounts paid prior to seeking debt relief under this Article.

   (e)   A hardship debtor may only be granted relief under this Article XVII for one approved application made pursuant to Section 2-32-1720(a).

(Added Coun. J. 11-15-23, p. 6700, Art. II, § 1)

2-32-1730 Hardship payment plans.

   The Department is authorized to enroll any hardship debtor into a hardship payment plan and to administer such hardship payment plans, provided that:

   (1)   In order to satisfy the hardship payment plan, a hardship debtor shall pay any applicable Restitution, and 50 percent of the fine imposed by the Department of Administrative Hearings for each administrative hearing violation included in the hardship payment plan;

   (2)   No hardship payment plan shall have a term longer than 60 months;

   (3)   No hardship payment plan shall have a monthly payment of less than $10.00 per month;

   (4)   The down payment of a hardship payment plan shall be in an amount no less than $25.00; and

   (5)   Hardship payment plans shall not include any interest or other charges beyond any restitution owed and 50 percent of the fine.

(Added Coun. J. 11-15-23, p. 6700, Art. II, § 1)

2-32-1740 Default.

   (a)   If a hardship payment plan enters default status, the hardship debtor shall no longer be eligible to receive waiver of fines or other costs pursuant to this Article.

   (b)   The City may provide notice to a hardship debtor enrolled in a hardship payment plan prior to declaring a default; however, notice to the hardship debtor is not required for a default to be effective.

   (c)   If a hardship debtor defaults on a hardship payment plan, they shall no longer be eligible to receive waiver of other costs pursuant to Section 2-32-1720 and the City shall be entitled to pursue any and all collection activities, including adjudication at a court of competent jurisdiction, to recover all unpaid fines, restitution, and other costs without further notice.

(Added Coun. J. 11-15-23, p. 6700, Art. II, § 1)

2-32-1750 Fraudulent conduct.

   Relief under this program shall not be available to any person who is a party to any civil or criminal litigation concerning fraudulent conduct in relation to any debt owed to the City which is pending in any circuit court, appellate court or the Supreme Court of the State of Illinois, or the Department of Administrative Hearings.

(Added Coun. J. 11-15-23, p. 6700, Art. II, § 1)

2-32-1760 Property interest.

   The debt relief program and any benefits established by this Article are created in the City’s sole discretion, and participation in the program and any benefits that result from the program are not intended to create a property interest in any hardship debtor or other individual or entity.

(Added Coun. J. 11-15-23, p. 6700, Art. II, § 1)