(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) The violation of, or failure to comply with, any provision of the Village Code (as illustrated in §§ 150.15 through 150.18) shall constitute an offense against the village, and where no specific penalty is provided therefor shall subject the offender, upon conviction, to be punished by a fine of not less than $75 nor more than $750. Each day any violation of any provision of the Village Code shall continue shall constitute a separate offense.
(2) Whenever in the Village Code a minimum but not a maximum fine or penalty is imposed, the court may, in its discretion, fine the offender any sum exceeding the minimum fine or penalty so fixed, but not exceeding $750.
(3) In all cases where the same offense is made punishable or is created by different clauses or sections of the Village Code, the prosecuting officer may elect under which to proceed. Not more than one recovery shall be had against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
(4) Any condition caused or permitted to exist in violation of any of the provisions of the Village Code shall be deemed a public nuisance and shall be subject to abatement by the village. The village shall be entitled to pursue any such remedies available to abate the public nuisance.
(5) Unless a process is otherwise specifically provided within the Village Code for a specific violation, in addition to the duly appointed building official and/or code enforcement official, any village employee or officer designated by the Village Board may issue citations for Village Code violations (hereafter collectively referred to as the “Enforcement Officer”). Whenever the Enforcement Officer determines that there has been a violation of the Village Code or has grounds to believe that a violation has occurred, notice shall be given as provided herein. Such notice must:
(a) Be in writing;
(b) If applicable include a description of the real estate sufficient for identification;
(c) Include a statement of the violation or violations and why the notice is being issued;
(d) The minimum fine (or double the minimum fine for a second or subsequent citation for the same matter) for violating said Village Code provision; and
(e) Provide the option to settle the case by paying the minimum fine if payment is made within 14 days after the date the citation was issued. In the cases of violations relating to property or building codes, the notice shall also include a correction order allowing a reasonable time to make the repairs and improvements required to bring the property into compliance with the provisions of the applicable code. These notices may be deemed to be properly served if a copy thereof is:
1. Delivered personally;
2. Sent by certified or first-class mail addressed to the last known address; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the owner’s premises. Payment shall be made by cash or check made payable to the village. Failure to make payment within the said 14-day period will result in referral of the citation to the Village Attorney for prosecution in accordance with the law. This subsection shall not apply to moving violations under the State Vehicle Code or violations that could result in prison both of which must be handled by the County Sheriff’s Department or other appropriate law enforcement officer with jurisdiction.
(6) In accordance with law, a default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments.
(7) Any fees or costs incurred by the village with respect to attorneys or private collection agents retained by the municipality under 65 ILCS 5/1-2-1 shall be charged to the offender for violation of any ordinance duly enacted by the village. This shall include any such expenses to enforce ordinances.
(8) For purposes of this division (B), VILLAGE CODE refers to any building, property maintenance, residential, plumbing, electrical, or other code adopted by reference by the village and all other ordinances and resolutions adopted by the village.
(C) (1) Failure to comply with any requirement of § 150.31 shall be subject to a fine of no less than $150 and no more than $750, plus court costs. A separate offense shall be deemed committed each day a violation occurs or continues.
(2) The failure to abide by § 150.31 shall be considered a basis for the village filing an action to remediate a nuisance.
(3) Notwithstanding the provisions of division (C)(1) above or any other section or provision of this code, the following penalty provision and procedure shall apply to all violations except as otherwise indicated.
(a) A written notice of violation shall be issued to the individual, person, or entity alleged to have violated any provision of the code of ordinances. The notice of violation shall contain the name and address of the violator; the section of the code alleged to be violated; the date, time, and location of the violation; any other relevant information; the name and identification of the complainant; and a specific due date; together with a statement that the violation may be resolved without a court appearance upon payment of a pre-filing penalty paid on or before the due date and proof of compliance with § 150.31.
(b) The pre-filing penalty shall be one-half of the minimum fine indicated for such a violation. If there is no stated minimum fine for such a violation, it shall be half the amount indicated in the uniform fine schedule.
(D) (1) Failure to comply with any requirement of § 150.46 shall be subject to a fine of no less than $150 and no more than $750 plus court costs. A separate offense shall be deemed committed each day a violation occurs or continues.
(2) The failure to abide by § 150.46 shall be considered a basis for the village filing an action to remediate a nuisance.
(3) Notwithstanding the provisions of division (D)(1) above, or any other section or provision of this code, the following penalty provision and procedure shall apply to all violations, except as otherwise indicated.
(a) A written notice of violation shall be issued to the individual, person, or entity alleged to have violated any provision of the code of ordinances. The notice of violation shall contain the name and address of the violator; the section of the code alleged to be violated; the date, time, and location of the violation; any other relevant information; the name and identification of the complainant; a specific due date, together with a statement that the violation may be resolved without a court appearance upon payment of a pre-filing penalty paid on or before the due date, and proof of compliance with § 150.46.
(b) The pre-filing penalty shall be one-half of the minimum fine indicated for such a violation. If there is no stated minimum fine for such a violation, half the amount indicated in the uniform fine schedule.
(Ord. 2-91, passed 3-19-1991; Ord. 2016-15, passed 12-20-2016; Ord. 2023-01, passed 2-21-2023; Ord. 2023-03, passed 4-18-2023)