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East Dundee Code of Ordinances
EAST DUNDEE, ILLINOIS CODE OF ORDINANCES
VILLAGE OFFICIALS
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
CHAPTER 30: BOARD OF TRUSTEES
CHAPTER 31: OFFICERS AND EMPLOYEES
CHAPTER 32: DEPARTMENTS, COMMISSIONS AND OTHER ORGANIZATIONS
CHAPTER 33: EMERGENCY SERVICES AND DISASTERS
CHAPTER 34: VILLAGE POLICIES
CHAPTER 35: TAXATION
CHAPTER 36: ADMINISTRATIVE ADJUDICATION
CHAPTER 37: FEES AND FINES
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 36.03 ORDINANCE ENFORCEMENT ADMINISTRATOR.
   The Ordinance Enforcement Administrator is authorized and directed to:
   (A)   Operate and manage the system of administrative adjudication of village ordinance violations as may be permitted by law and directed by ordinance.
   (B)   Adopt, distribute and process all notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter.
   (C)   Collect moneys paid as fines and/or penalties assessed after a final determination of liability.
   (D)   Certify copies of final determination of an ordinance violation adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation liability which was issued in accordance with this chapter, the laws of the state including ILCS Ch. 625, Act 5, §11-208.3 as from time to time amended.
   (E)   Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter as hereinafter set forth, and those of ILCS Ch. 625, Act 5, § 6-306.5.
   (F)   Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created.
   (G)   Collect unpaid fines and penalties through private collection agencies and pursuit of all post-judgment remedies available by current law.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008)
§ 36.04 SYSTEM COORDINATOR.
   The System Coordinator is hereby authorized and directed to operate and maintain the computer programs, including but not limited to:
   (A)   Inputting of violation notice information.
   (B)   Establishing court dates and notice dates.
   (C)   Recording fine and penalty assessment and payments.
   (D)   Issuing payment receipts.
   (E)   Issuing succeeding notice of hearing dates and/or final determination of liability; issuing notice of immobilization; issuing notice of impending impoundment; issuing notice of impending drivers license suspension, as directed by the Ordinance Enforcement Administrator in accordance with the provisions hereinafter set forth.
   (F)   Keeping accurate records of appearances and non-appearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, fines and penalties assessed and paid.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008)
§ 36.05 HEARING ROOM PERSONNEL.
   Hearing Room Personnel shall be full-time or part-time personnel to perform such services as directed by the Hearing Officer and may be authorized and directed to:
   (A)   Maintain hearing room decorum.
   (B)   Have and execute authority as is granted to courtroom deputies of the circuit court.
   (C)   Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer or Ordinance Enforcement Administrator.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008)
§ 36.06 ISSUANCE OF VIOLATIONS.
   (A)   Violation notice of any ordinance violation shall be issued by the persons authorized under this chapter and shall contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth.
   (B)   All full-time and part-time police officers as well as other specific individuals authorized by any village official or village department shall have the authority to issue violation notices.
   (C)   Any individual authorized hereby to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this Title III or a violation of any section of any village ordinance, is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008)
§ 36.07 VIOLATION NOTICE.
   (A)   The violation notice shall contain, but shall not be limited to, the following information:
      (1)   The name of the party violating the ordinance, if known.
      (2)   The date and time of the violation (date of issuance).
      (3)   The type and nature of the violation and the ordinance violated.
      (4)   Vehicle make and state registration number (if applicable).
      (5)   The names of any witnesses to the violation.
      (6)   The signature and identification number of the person issuing the notice.
      (7)   The date and location of the adjudicating hearing of ordinance violations which date shall be not less than 30 or more than 90 days after the date of the violation notice.
      (8)   The legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing.
   (B)   The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
      (1)   Signing his or her name to the notice at the time of issuance; or
      (2)   In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the Ordinance Enforcement Administrator, attesting to the correctness of all notices produced by the device while under his or her control.
   (C)   The original or a facsimile of the violation notice shall be retained by the Ordinance Enforcement Administrator where a docket number shall be stamped on all copies and a hearing date noted. The notice shall be kept as a record in the ordinary course of business by the Ordinance Enforcement Administrator. One copy of the violation notice shall be returned to the person issuing the notice that he or she may prepare evidence for presentation at the hearing on the date indicated. One copy of the violation shall be served by first class mail to the alleged violator along with a summons commanding the alleged violator to appear.
   (D)   Any violation notice issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice.
   (E)   Notices issued in accordance with the automated traffic law enforcement system which records violations covered in the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-306, disregard of a traffic control device or turn on red violations, shall be issued by the village or designated representative. Written notice of the violation shall be made to the registered owner or lessee of the vehicle by U.S. mail within 30 days after the Illinois Secretary of State makes notification of the identity of the registered owner or lessee of the vehicle, and in no event later than 90 days following the violation. The village or designated representative shall only be required to notify a lessee if the leasing company/lessor provides the lessee's name by an affidavit and a copy of the lease within 60 days of the notice's issuance.
   If the lessee information is not provided within 60 days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, a second notice shall be sent to the last known address recorded in a United States Post Office approved database of the owner or lessee of the cited vehicle. An automated traffic law violation shall require a review of the associated recorded image by an Ordinance Enforcement Administrator, who shall inspect the image and determine whether the motor vehicle was being operated in violation or whether a legitimate defense is visible. Upon determination that the recorded image captures a violation and that no defense applies, the notice of violation shall be served upon the registered vehicle owner in the manner provided above. The Ordinance Enforcement Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner of the vehicle. Each notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above noted statutory and local provisions and shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established by law. The notice of violation shall be issued by the village or designated authority and shall include the following information:
      (1)   Name and address of the registered owner or lessee of the vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in the United States Post Office approved database;
      (2)   The make (only if discernable) and registration number of the motor vehicle involved in the violation;
      (3)   Violation charged;
      (4)   The location where the violation occurred;
      (5)   Date and time of violation;
      (6)   A copy of recorded images;
      (7)   The amount of civil penalty is $100 and the date by which the penalty should be paid (14 days from the date of issuance), if a hearing is not requested, and a statement that the payment of the fine shall operate as a final disposition of the violation;
      (8)   A statement that a failure to pay the civil penalty by the date noted will result in a late fee of $100 being assessed against the owner or lessee;
      (9)   The amount of late fee is $100;
      (10)   A statement that failure to pay by the date specified will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle;
      (11)   A statement that the recorded images constitute prima facie evidence of violation;
      (12)   A statement that the person may elect to proceed by paying the fine or challenging the charge, by mail or by administrative hearing; and
      (13)   A statement of how an administrative hearing may be requested.
   (F)   Service of any violation notice shall be:
      (1)   In the case of violation of the Village Traffic Code, service shall be made no less than 15 days prior to the date set for a hearing and shall be by:
         (a)   Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle, or vehicle violating any compliance regulation;
         (b)   Handing the notice to the registered owner, operator, or lessee of the vehicle, if present; or
         (c)   Mailing the notice by first class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing.
      (2)   In the case of violation of any other provision of this Code relating to buildings or structures, service shall be made no less than 15 days prior to the date set for a hearing and shall be by:
         (a)   First class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing.
         (b)   If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or mailing a copy of the notice on the front door of the structure where the violation if found.
      (3)   In the case of any ordinance violation other than a violation of the Village Traffic Code or Building Code, service shall be made by mailing the notice by first class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008; Am. Ord. 09-20, passed 8-3-2009; Am. Ord. 11-02, passed 1-18-2011; Am. Ord. 13-30, passed 8-19-2013)
§ 36.08 ADMINISTRATIVE HEARINGS.
   (A)   Subpoenas. At any time prior to the date set for the hearing, the Hearing Officer assigned to hear the violation, at the request of the authorized person issuing the violation notice or the alleged violator, may direct witnesses to appear and give testimony at the hearing.
   (B)   Continuances. No continuances shall be authorized by the Hearing Officer in proceedings under this Title III except in cases where a continuance is absolutely necessary to protect the rights of the alleged violator. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a Hearing Officer under this chapter shall not exceed 25 days.
   (C)   Hearing and evidence.
      (1)   At the hearing, a Hearing Officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or nonexistence of a village code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this chapter.
      (2)   The case for the village may be presented by an attorney designated by the Village President or by any other village employee, except that the case for the village shall not be presented by an employee of the Ordinance Enforcement Department. The case for the alleged violator may be presented by the alleged violator, his or her attorney, or any other agent or representative of the defendant.
      (3)   If on the date set for hearing the alleged violator or his or her attorney fails to appear, the Hearing Officer may find the alleged violator in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.
      (4)   Upon finding the alleged violator in default, the Ordinance Enforcement Administrator shall send or cause to be sent notices by first class mail, postage prepaid, to the violator who received the notice of an ordinance violation; or the registered owner or operator of the "cited vehicle" at the address as is recorded with the Secretary of State, and shall be sent to the lessee of the "cited vehicle" at the address last known to the lessor of the "cited vehicle" at the time of the lease. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008)
§ 36.09 FINDINGS, DECISION AND ORDER.
   (A)   At the conclusion of the hearing, the Hearing Officer shall make a determination on the basis of the evidence presented at the hearing as to whether or not a code violation exists. The determination shall be in writing and shall be designated as the findings, decision, and order.
   (B)   The findings, decision, and order shall include: the Hearing Officer’s findings of fact, a decision of whether or not a code violation exists based upon the findings of fact, and, an order that states the sanction or dismisses the case if a violation is not proved.
   (C)   In the case of a Building Code violation only, an order ordering the owner to correct the Building Code violation and imposing a fine or dismissing the case if a Building Code violation is not proved. In the case of a Building Code violation, if a Building Code violation is proved, the order may also impose the sanctions that are provided in the Building Code for the Building Code violation.
   (D)   A monetary sanction for a violation under this Title III shall not exceed $5,000 per violation per day, up to a maximum of $50,000 for one violation for which daily fines are assessed, for all code violations relating to building or structures.
   (E)   A copy of the findings, decision, and order shall be served on the violator after it is issued. Service shall be by first class mail. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in the Village Code.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008; Am. Ord. 13-30, passed 8-19-2013; Am. Ord. 19-04, passed 2-4-2019)
§ 36.10 ENFORCEMENT OF JUDGMENTS; DEBT DUE VILLAGE.
   (A)   Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Illinois Administrative Review Law are a debt due and owing the village and may be collected in accordance with applicable law.
   (B)   After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
   (C)   In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by a village to enforce the judgment, including, but not limited to, attorney’s fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a Hearing Officer, shall be a debt due and owing the village and may be collected in accordance with applicable law. Prior to any expenses being fixed by a Hearing Officer pursuant to this division (C), the village shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative Hearing Officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a hearing, which shall not be less than seven days from the date that notice is served. If notice is served by mail, the seven-day period shall begin to run on the date that the notice was deposited in the mail.
   (D)   Upon hearing recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owning the village under this section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
   (E)   A Hearing Officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the Hearing Officer determines that the petitioner’s failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the village did not provide proper service of process. If any judgment is set aside pursuant to this division (E), the Hearing Officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the village as a result of the vacated default judgment.
   (F)   A notice of impending suspension of a persons’s driver’s license shall be sent to any violator determined to be liable for the payment of any fine or penalty that remains due and owning on ten or more vehicular standing or parking regulation violations:
      (1)   The notice shall state that the failure to pay the fine or penalty owning within 45 days of the date of notice will result in the village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under ILCS Chapter 625, Act 5, § 6-306.5.
      (2)   The notice of impending drivers license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State.
      (3)   A warning that failure to pay the fine and any penalty due and owing the village within the time specified may result in proceeding with collection procedures in the same manner as a judgment entered by any court of competent jurisdiction.
      (4)   A warning that the vehicle owned by the person and located within the village may be immobilized and impounded for failure to pay fines or penalties for ten or more vehicular standing or parking regulation violations.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008; Am. Ord. 13-30, passed 8-19-2013)
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