The Administrative Hearing Officer shall issue a written order specifying the ordinance violated, and the fine and other relief granted. The order shall also contain the following notice:
The fines and penalties contained in this order are a debt due and owing the city of Des Plaines and said total of fines and penalties must be paid within 30 days of the date the order is issued by the administrative hearing officer.
Failure to pay any fine or penalty due and owing the city within the aforementioned time period may result in the city's instituting an action in the Circuit court of Cook County to recover said fines and penalties. In addition, the city may petition the Illinois secretary of state for a suspension of respondent's driver's license for failure to pay parking or compliance fines and penalties for ten (10) or more violations under 625 ILCS 6-306.5.
A. Final Orders: The order of the Administrative Hearing Officer becomes final thirty (30) days following entry of the order, or thirty (30) days from a denial of a timely filed petition to set aside the Hearing Officer's decision, whichever occurs last.
B. Petition To Set Aside Determination: A petition to set aside the order of the Administrative Hearing Officer must be filed within thirty (30) days of entry of the Administrative Hearing Officer's order. The petition shall be filed in the City Clerk's Office and notice shall be given to the City Attorney within three (3) days of filing. The Administrative Hearing Officer shall set a briefing schedule and hearing date. The grounds for the petition are limited to the following: 1) lack of proper service, 2) the person not having been the owner or lessee of the property cited on the date the violation notice was issued, 3) the order is against the manifest weight of the evidence, or that new evidence unknown to and unavailable to a party on the date of the hearing will materially affect the order of the Hearing Officer, or 4) excusable failure to appear at the hearing or request a new date for a hearing. In the event the determination of parking, standing, or compliance violation is set aside upon a showing of just cause, the Administrator shall set a hearing on the merits for that violation at the earliest available date convenient to all parties.
C. Violations Of Orders: Any person, having received notice and an opportunity for a hearing as provided in this chapter who knowingly fails to comply with an order issued by an Administrative Hearing Officer under this chapter, including the issuance of a subpoena, shall, if the order is not stayed by a court of competent jurisdiction prior to its effective date, be guilty of contempt. Contempt shall be punishable by a fine not to exceed seven hundred fifty dollars ($750.00). Each day that the violation continues shall be considered a separate and distinct offense. In a prosecution under this section, it shall not be a defense that a person came into compliance with an order, sought judicial review of it, or made efforts to comply with an order, subsequent to its effective date. (Ord. M-101-07, 12-17-2007; amd. Ord. M-22-08, 6-16-2008)