Administrative adjudication of violations of city ordinances:
(A) Purpose: The stated purpose of this section is to provide for fair and efficient enforcement of city ordinances as may be allowed by law and directed by ordinance, through an administrative adjudication of violations of such city ordinances and establishing a schedule of fines and penalties, and authority and procedures for collection of unpaid fines and penalties, pursuant to authority granted to all municipalities under 65 Illinois Compiled Statutes 5/1-2.2.
(B) Creation: There is hereby established an executive department of the municipal government to be known as the East Moline ordinance enforcement department (hereinafter referred to as "EMOED") and to have the power to enforce compliance with all municipal ordinances as from time to time authorized by the city council, except for any offense under the Illinois vehicle code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under section 6-204 of the Illinois vehicle code, other than a notice of violation pursuant to an automated traffic law enforcement system which shall be enforced pursuant to this section. The EMOED shall not prosecute building code violations that must be adjudicated pursuant to 735 Illinois Compiled Statutes 5/3-101 et seq., which provides for prosecution by an administrative agency of the city. This section may be enforced through the use of an administrative hearing officer system created by intergovernmental agreement between the city and such other governmental agencies as shall be parties to such agreement. The establishment of the East Moline ordinance enforcement department does not preclude the mayor and city council from using any other method to enforce ordinances of the city.
(C) Administrative Composition: The East Moline ordinance enforcement department shall be composed of a hearing officer, and such support personnel as shall be necessary to effect the purpose of this section, with the power and authority as hereinafter set forth.
1. The hearing officer shall preside over all adjudicatory hearings and shall have the following powers and duties:
(a) Hearing testimony and accepting evidence that is relevant to the existence of the city code violation;
(b) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
(c) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing;
(d) Issuing and signing a written finding, decision and order stating whether a city code violation exists; and
(e) Imposing penalties, sanctions or such other relief consistent with applicable city code provisions and assessing costs upon finding a party liable for the charged violation, except however, that in no event shall the hearing officer have authority to impose a penalty of incarceration.
2. Prior to conducting administrative adjudication proceedings under this section, the hearing officer shall have successfully completed a formal training program which includes the following:
(a) Instruction on the rules of procedure of the administrative hearings over which the hearing officer shall preside;
(b) Orientation to each subject area of the code violations that he/she will adjudicate;
(c) Observation of administrative hearings; and
(d) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
In addition, a hearing officer must be an attorney, having been licensed to practice law in the state of Illinois for at least three (3) years.
The mayor is hereby authorized to appoint persons to hold the position above set forth, or as may be otherwise provided in the intergovernmental agreement establishing the administrative hearing officer system.
(D) Procedure: The system of administrative adjudication of any city ordinance violation authorized to be adjudicated hereunder, shall be in accordance with the following procedures:
1. Violation notice of any ordinance violation shall be issued by persons authorized under this code and shall contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth.
2. All full time police officers, the fire inspector or other authorized firefighter, all building inspectors, animal control officers, health inspectors and zoning enforcement officer, as well as other specifically authorized individuals of any city department, shall have the authority to issue violation notices.
3. Any individual authorized hereby to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this section or a violation of any section of any city ordinance, is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth.
4. The violation notice shall contain, but shall not be limited to, the following information:
(a) The name of the party violating the ordinance, if known.
(b) The date, time and place of the violation (date of issuance).
(c) The particular ordinance violated, and the type and nature of the violation.
(d) Vehicle make and state registration number (if applicable).
(e) The names of the witnesses to the violation.
(f) The fine and any penalty which may be assessed for late payment.
(g) The signature and identification number of the person issuing the notice.
(h) The date and location of the adjudicating hearing of ordinance violations, the legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing.
(E) Service:
1. Service of any violation notice shall be made by the person issuing such notice:
(a) Handing the notice to the person responsible for the ordinance violation;
(b) Handing the notice to the responsible person or leaving the notice with any person twelve (12) years of age or older at the residence of the responsible person;
(c) Mailing the notice by certified mail, return receipt requested, to the person responsible for the ordinance violation; or
(d) Posting the notice upon the property where the violation is found when the person is the owner or manager of the property.
2. The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
(a) Signing his/her name to the notice at the time of issuance; or
(b) 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/her control.
3. The original or a facsimile of the violation notice shall be retained by the ordinance enforcement administrator and kept as a record in the ordinary course of business.
4. 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.
(F) Administrative Hearings: An administrative hearing to adjudicate any alleged ordinance violation on its merits shall be granted to the alleged violator at the date, time and place set forth by the EMOED and by notice given and served upon the alleged violator. All administrative hearings shall be recorded and shall culminate in a determination of liability or nonliability, made by the hearing officer, who shall consider facts and/or testimony without the application of the formal or technical rules of evidence. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. The hearing officer shall, upon a determination of liability, assess fines and penalties in accordance with subsection (K) of this section. Persons appearing to contest the alleged violation on its merits may be represented by counsel at their own expense. The burden of proof shall be on the city to present the preponderance of evidence to prove the violation of the ordinance.
(G) Notices: Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail. The notices sent in accordance herewith shall be in the following sequence and contain, but not be limited to, the following information:
1. Upon failure of the person receiving a notice of a violation of a city ordinance, to appear at the time and date designated for a hearing stated on said notice, the EMOED shall send or cause to be sent notices by first class mail, postage prepaid, to the person who received the notice of an ordinance violation and shall contain, but not be limited to, the following information:
(a) Date and location of violation cited in the violation notice;
(b) Particular ordinance violated;
(c) Vehicle make and state registration number (if applicable);
(d) Fine and any penalty that may be assessed for late payment;
(e) A section entitled "notice of hearing" which shall clearly set forth that the person receiving a notice of ordinance violation may appear at an administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the notice of hearing;
(f) Date, time and place of the administrative hearing at which the alleged violation may be contested on its merits;
(g) Statement that failure to either pay the fine and any applicable penalty or failure to appear at the hearing on its merits on the date and at the time and place specified will result in a final determination of liability for the "cited" violation in the amount of the fine and penalty indicated;
(h) Statement that upon the occurrence of a final determination of liability for the failure, and the exhaustion of, or the failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the city.
2. A notice of final determination of liability shall be sent following the conclusion of administrative hearing, as is hereinafter set forth, and shall contain, but not be limited to, the following information and warnings:
(a) A statement that the unpaid fine and any penalty assessed is a debt due and owing the city.
(b) A statement of any sanction ordered or costs imposed which costs are debts due and owing the city.
(c) A warning that failure to pay the fine and any penalty due and owing the city 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.
(d) Any other warning of possible impoundment as permitted by law or ordinance.
(H) Final Determination Of Liability: A final determination of liability shall occur following the failure to pay the fine or penalty after the hearing officer's determination of liability and the exhaustion of, or the failure to exhaust any administrative review procedures hereinafter set forth. Where a person fails to appear at the administrative hearing to contest the alleged violation on the date and at the time and place specified in a prior served or mailed notice pursuant to subsection (G) of this section, the hearing officer's determination of liability shall become final either upon a denial of a timely petition to set aside that determination or upon the expiration of the period for filing a petition without a filing having been made.
(I) Judicial Review: Any final decision by a hearing officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review under the Illinois administrative review law.
(J) Enforcement Of Judgment:
1. 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 shall be a debt due and owing the municipality and may be collected in accordance with applicable law.
2. 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, the city attorney may commence a proceeding in the circuit court of Rock Island County for the purpose of obtaining a judgment on the findings, decision, and order. Nothing in this section shall prevent the city from consolidating multiple findings, decisions, and orders against a person in such a proceeding. Upon commencement of the action, the city shall file a certified copy of the findings, decision, and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision and order were issued in accordance with state law and the applicable city ordinance. Service of the summons and a copy of the petition may be by any method provided for by section 2-203 of the code of civil procedure or by certified mail, return receipt requested, provided that the total amount of fines, other sanctions, and costs imposed by the findings, decision, and order does not exceed two thousand five hundred dollars ($2,500.00). If the court is satisfied that the findings, decision, and order was entered in accordance with the requirements of state law and the applicable city ordinance and that the violation had an opportunity for a hearing and for judicial review:
(a) The court shall render judgment in favor of the city and against the violator for the amount indicated in the findings, decision and order, plus costs. The judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money.
(b) The court may also issue any other orders and injunctions that are requested by the city to enforce the order of the hearing officer to correct a code violation.
3. In any case in which a hearing officer finds that 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 municipality to enforce the judgment including, but not limited to, attorney fees, court costs, and costs related to property demolition or foreclosure after they are fixed by the hearing officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law and this ordinance.
4. 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 owing the municipality under this section, and after court entry of judgment as set forth in subsection (J)2 of this section. The lien may be recorded and enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. No lien may be enforced under this section until it has been recorded in the manner provided by article XII of the code of civil procedure or by the uniform commercial code.
5. A hearing officer may set aside any judgment entered by default and set a new hearing date upon a petition filed within twenty one (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 municipality did not provide proper service of process.
(K) Schedule Of Ordinances And Penalties: The ordinance covered by this section and the minimum penalties to be imposed for violation thereof, is as follows: (Ord. 07-24, 12-3-2007)
Title, Chapter
| Offense
| Penalty
|
Title, Chapter
| Offense
| Penalty
|
Title 3, chapter 7 | Liquor dealers, violations of liquor ordinance | $75.00 - $750.00 |
Title 4, chapter 1 | Violation of building code | $75.00 - $750.00 |
Title 4, chapter 2 | Violation of housing code | $75.00 - $750.00 |
Title 4, chapter 3 | Violation of plumbing code | $75.00 - $750.00 |
Title 4, chapter 4 | Violation of electrical code | $75.00 - $750.00 |
Title 4, chapter 7 | Dangerous buildings | $75.00 - $750.00 |
Title 4, chapter 8 | Moving buildings | $75.00 - $750.00 |
Title 4, chapter 9 | Violation of sign ordinance | $75.00 - $750.00 |
Title 4, chapter 11 | Violation of mechanical code | $75.00 - $750.00 |
Title 4, chapter 12 | Development in floodplain | $75.00 - $750.00 |
Title 5, chapter 2 | Violation of fire code | $75.00 - $750.00 |
Title 6, chapter 3 | Misdemeanors | $75.00 - $750.00 |
Violation of smoking ordinance | $75.00 - $750.00 | |
Title 6, chapter 4 | Miscellaneous violation of chapter 4, "Animals" | $75.00 - $750.00 |
Cruelty to animals | $75.00 - $750.00 | |
Maintaining or keeping a dangerous or vicious dog | $75.00 - $750.00 | |
Permitting dangerous animal to run at large | $75.00 - $750.00 | |
Permitting a dog or cat to run at large | $75.00 - $750.00 | |
Title 6, chapter 5 | Violation of chapter 5, "Dogs And Cats" | $75.00 - $750.00 |
Title 6, chapter 6 | Curfew violation | $75.00 - $750.00 |
Title 6, chapter 7 | Public gathering violation | $75.00 - $750.00 |
Title 6, chapter 8 | Sound amplifier violation | $75.00 - $750.00 |
Title 6, chapter 10 | Burglar and holdup alarm violation | $75.00 - $750.00 |
Title 6, chapter 11 | Abatement of chronic nuisances | $75.00 - $750.00 |
Title 6, chapter 12 | Clandestine drug lab site violation | $75.00 - $750.00 |
Title 7, chapter 1 | Health nuisances | $75.00 - $750.00 |
Title 7, chapter 2 | Food service violation | $75.00 - $750.00 |
Title 7, chapter 4 | Plant and weed violation | $75.00 - $750.00 |
Title 7, chapter 9 | Solid waste and refuse violation | $75.00 - $750.00 |
Title 7, chapter 13 | Violation of Tattoo Establishment Ordinance | $75.00 - $750.00 |
Title 8, chapter 3 | Violation of Excavations Ordinance | $75.00 - $750.00 |
Violation of rules and regulations in City park | $75.00 - $750.00 | |
Title 8, chapter 8 | Violation of Water and Sewer Ordinance | $75.00 - $750.00 |
Title 9, chapter 2 | Violation of rules for driving | $75.00 - $750.00 |
Title 9, chapter 3 | Violation of parking rules | $75.00 - $750.00 |
Violation of handicapped parking rules | $75.00 - $250.00 | |
Title 9, chapter 4 | Violation of City Parking Lot Ordinance | $75.00 - $750.00 |
Title 9, chapter 5 | Violation of One-Way Street Ordinance | $75.00 - $750.00 |
Title 9, chapter 8 | Violation of Condition of Vehicle Ordinance | $75.00 - $750.00 |
Title 9, chapter 11 | Violation of Abandoned Vehicle Ordinance | $75.00 - $750.00 |
Title 10 (10-29-5) | Violation of Zoning Ordinance | $75.00 - $750.00 |
(Ord. 07-24, 12-3-2007; amd. Ord. 08-01, 2-4-2008; Ord. 08-08, 9-2-2008)
1. Except as otherwise provided, any person convicted of a violation of any section or provision of this Code shall be fined in a sum not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00). Each day which such violation occurs and continues shall constitute a separate violation.
2. A penalty imposed for violation of an ordinance may include, or consist of, a requirement that the defendant perform some reasonable public service work such as, but not limited to, the picking up of litter in public parks or along public highways or the maintenance of public facilities. (Ord. 07-24, 12-3-2007)
3. Any person charged with a violation of an ordinance and served with a citation, may sign a plea of guilty to the ordinance violation and pay a fine of one hundred dollars ($100.00) within seven (7) days of receipt of a notice of charge of the violation, when such citation so indicates, at the East Moline Police Department, 915 16th Avenue, East Moline, Illinois. (Ord. 08-08, 9-2-2008)