(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Violations and penalties.
(a) Within any 12-month period of time, any licensee who violates any provision of §§ 51.01 through 51.08 may be subject to a fine of $50 for the first violation, $100 for the second violation and $250 for the third violation. In the case of a fourth violation within a 12-month period of time, a 14-day suspension of a license may be imposed. A fifth violation within a 12-month period of time may result in a two-month license suspension. For further subsequent violations, the license may be revoked for the remainder of the license term plus an additional year. Notwithstanding these provisions, any violation of §§ 51.01 through 51.08 may result in suspension or revocation proceedings in accordance with division (B)(2) below.
(b) Any person who scavenges solid waste and/or recyclable materials that have been set out specifically for collection by persons or the county may be subject to a fine of up to $500 for each occurrence. Each day of any violation of §§ 51.01 through 51.08 which continues constitutes a separate offense for each day in violation.
(d) In additional to the fines, the county may institute an injunctive action against the offender, separate from, or in conjunction with, the subchapter violation proceeding, seeking any appropriate relief to prevent, abate or correct any violation of §§ 51.01 through 51.08 or a threatened violation of §§ 51.01 through 51.08.
(2) Suspension of license.
(b) Whenever a license holder or operator has failed to comply with any provision of §§ 51.01 through 51.08, the license holder shall be notified in writing that the license shall be suspended as set forth in §§ 51.01 through 51.08. The notice shall state that the license holder shall have an opportunity for a hearing, and procedures for requesting such shall be indicated in the notice to the license holder. The county, before imposing the suspension, shall, allow for reasonable advance notice to the license holder of the suspension before it is imposed. If however, the county finds that the public health, safety, or welfare requires immediate action, summary suspension of a license may be ordered. Requesting a hearing shall not delay or stay the imposition of the temporary or summary suspension.
(c) Upon suspension of the license, the license shall be removed from the business or vehicle and immediately returned to the county.
(d) Any person whose license has been suspended may, at any time, make application for the reinstatement of the license. Upon receipt by the county of this request, the county may cause a reinspection or resubmission of corrected information or whatever corrective actions the county may require in order to reinstate the license. An application for reinstatement shall not delay or stay the imposition of the temporary or summary suspension.
(e) All notices for suspensions shall be by certified mail to or by personal service on the license holder.
(f) In addition to the above, the written notice shall state the effective date of the suspension; the facts constituting the conclusion that a violation or violations have occurred; a statement that if the licensee desires to appeal, a written request for a hearing must be received by the county; and the consequences to the license holder, if the holder fails to contest the suspension.
(g) All hearings shall be conducted in accordance with subsection (4) of this section.
(3) Revocation of license.
(a) For serious and repeated violations of any provision of §§ 51.01 through 51.08, or for interference with the county in the performance of its duties under §§ 51.01 through 51.08, the license may be permanently revoked after an opportunity for a hearing, as set forth in subsection (4) of this division, has been given the license holder. No license shall be revoked until the license holder has been notified in writing, as provided below. If the license holder fails to request a hearing, after being sent notice, by the date indicated in the notice, the license shall be permanently revoked. If the license holder requests a hearing within the time stated in the notice, then, the county, at its discretion, may suspend the license for the duration of the revocation proceedings. Provided further, nothing herein shall prevent the county from suspending a license, either summarily or temporarily, concurrently with the license revocation proceedings.
(b) The date of revocation to be inserted in the notice of revocation shall be at least five days from the date the notice is served on the license holder. In addition to the above, the notice shall also state whether or not the license is suspended during the pendency of the revocation proceedings. Further, the notice must also state the reasons for the revocation; and that the license holder has the right to a hearing before the license revocation is imposed. Furthermore, the notice shall state the consequences to the license holder should the holder fail to request a hearing.
(c) All notices for suspensions shall be by certified mail to or by personal service on the license holder.
(d) All hearings shall be conducted in accordance with subsection (4) below.
(4) Hearings.
(a) All hearings shall be conducted by the county at a time and place designated by it. Based upon the record of such hearing, the county shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing.
(b) A written report of the decision shall be furnished to the license holder by the county within ten working days of the conclusion of the hearing or such other time as the parties may agree to. All final decisions resulting from the hearing shall be subject to 735 ILCS 5/3-101 et seq., the State Administrative Review Act, as now or hereinafter amended.
(c) All hearings shall be public and shall be recorded.
(d) The cost of preparing a record shall be borne by the applicant or license holder.
(Ord. 1997-01, passed 2-18-1997)