(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 municipality 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 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 the municipality 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 the Hearing Officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law.
(d) 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. 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, 735 ILCS 5/12-101 et seq., or by the Uniform Commercial Code, 810 ILCS 511-101 et seq.
(e) A Hearing Officer may set aside any judgment entered by default and set a new hearing date upon a petition and payment of post judgment cost of twenty-five dollars ($25.00) filed within twenty-one 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.
(f) If any fine, penalty, and/or cost is owing and unpaid after a determination of liability under this Chapter has become final and the respondent has exhausted or failed to exhaust judicial procedures for review, the Director of Administrative Hearings shall cause a notice of final determination of liability to be sent to the respondent.
(g) If respondent fails to pay such fine or penalty within fourteen (14) days after the notice of final determination of liability, the City of Freeport may take the following actions in addition to any debt-collection authorized by law: Decline to issue or renew any license, permit, zoning variance, or other permission required and applied for by respondent under the City Code, until respondent pays such fine or penalty.
(h) When the Director of Administrative Hearings becomes aware that a respondent has failed to pay such fine or penalty within the prescribed fourteen (14) day period. He or she shall notify the departments responsible for issuing the aforedescribed licenses and permits that said respondent has a delinquent debt, and that no licenses or permits may be issued to the respondent until the debt has been fully satisfied.
(i) At or prior to the time when a respondent applies for a license or permit, or for a renewal of such license or permit, the department that is responsible for issuing the license or permit shall notify the respondent that he or she is ineligible for such license or permit issuance or renewal due to the outstanding debt. The notice shall inform the respondent that he or she may request a description of the outstanding debt from the City Ordinance Enforcement Department, and shall inform the respondent of his or her right to appeal the denial of the license or permit under this section. If notice is provided by mail, it shall be sufficient to mail the notice to the last address the respondent provided to the issuing department. The date of notice shall be the date the notice was deposited in the mail, if served by first class mail; the date of delivery, if served by personal service; or the date of service if served by any other manner.
(j) Upon the respondent's request, the City Ordinance Enforcement Department shall provide the respondent with a written description of his or her outstanding debt. A respondent shall have ten (10) business days from the date of notice to appeal the department's denial by requesting a hearing by the City Manager or his designee.
(k) Requests for hearing shall be made in writing to the City Manager’s Office. A request for hearing shall include: the full name, address and telephone number of the respondent, a written statement signed by the respondent setting forth facts, law or other information relevant to establishing a defense to the department's denial; a copy of the notice provided to the respondent by the license/permit issuing department under subsection (j): and, any documentary evidence that supports the respondent's appeal, including receipts for the payment of an alleged debt. Upon receipt of a timely and proper request for a hearing, the City Manager, or his or her designee shall assign a hearing date no later than fifteen (15) business days after the date of request. The hearing shall not be continued without the consent of the respondent. The City Manager, or his or her designee, shall determine whether or not the respondent is ineligible for a license/permit pursuant to this section. The hearing shall comply with the following provisions:
(1) The City Manager, or his or her designee, shall abide by any prior determination that a debt exists and the scope of review shall be limited to whether the debt has been satisfied and whether the determination that a debt exists was issued against the respondent. The petitioner shall not be entitled to raise any defenses related to his or her liability for the underlying debt.
(2) The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(3) At the conclusion of the hearing, the City Manager or his or her designee shall issue a final order that the respondent is either eligible or ineligible for issuance or renewal of the license/permit. If the respondent is found to be ineligible, the petitioner's license/permit may not be issued or renewed prior to the payment of the outstanding debt. The City Manager, or his designee, shall issue a final order no more than fifteen (15) business days after the conclusion of the hearing.
(l) Notwithstanding the provisions of subsection (g) herein, the City may issue an initial or renewal license or permit to a respondent if the Director of the issuing department or other appropriate City department or agency determines that:
(1) The respondent has entered into an agreement with a court of competent jurisdiction, the Department of Finance, or other appropriate City department or agency, for the payment of all debts owed and the respondent is in compliance with the agreement; or
(2) The respondent is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding, or
(3) The respondent has filed a petition in bankruptcy and the debts owed are dischargeable in bankruptcy.
(m) When the holder of a license or permit is notified in accordance with subsection (i) that such license or permit will not be renewed unless an outstanding judgment is paid, the license or permit shall remain in effect during the pendency of the appeal process described in subsection (k). When a license or permit is found to be ineligible for renewal through the appeal process, it shall expire at such time as the license or permit holder has exhausted or failed to exhaust the appeal procedures described in subsection (j).
(Ord. 2001-10. Passed 4-2-01; Ord. 2002-71. Passed 12-2-02; Ord. 2017-56. Passed 7-17-17.)