A. Fines:
1. The violation of or failure to comply with any provision of this code shall constitute an offense against the village, and where no specific penalty is provided therefor, shall subject the offender, upon conviction, to be punishable by a fine of not less than one hundred fifty dollars ($150.00) for a first offense thereof, a fine of not less than two hundred fifty dollars ($250.00) for a second or subsequent offense thereof, nor more than seven hundred fifty dollars ($750.00). No imprisonment for failure to pay such fine, penalty or cost shall exceed six (6) months for each offense. Each day any violation of any provision of this code shall continue shall constitute a separate offense.
2. Whenever in this 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 seven hundred fifty dollars ($750.00).
3. In addition to the fine described in this subsection, the circuit court may impose a period of "conditional discharge", as defined in 730 Illinois Compiled Statutes 5/5-1-4, or "court supervision", as defined in 730 Illinois Compiled Statutes 5/5-1-21, for a period of up to six (6) months, an order of restitution, an order to perform community service, an order to complete an education program and/or any other appropriate penalties or conditions authorized in any section of this code or stand alone ordinance or any conditions for conditional discharge set forth in 730 Illinois Compiled Statutes 5/5-6-3 or for court supervision in 730 Illinois Compiled Statutes 5/5-6-3.1, as the foregoing are amended from time to time.
B. Acts Punishable Under Different Offenses: In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but 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.
C. Nuisance Declared: Any condition caused or permitted to exist in violation of any of the provisions of this 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.
D. Citation And Payment: Unless a process is otherwise specifically provided within this code for a specific violation, any village employee or officer designated by the village board may issue citations for violations of this code. These citations may be issued via certified mail or by personal delivery, with signature required in either case. Should certified mail be returned undeliverable or should signature be refused, the citation will be served by a village police officer.
E. Default In Payment: 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. Any fees or costs incurred by the village with respect to attorneys or private collection agents retained by the village under section 1-2-1 of the Illinois municipal code shall be charged to the offender.
F. Acts Consistent With Criminal Laws Of State: If, by the terms of an ordinance, an act that would be consistent with the criminal laws of the state is declared to be a misdemeanor, the penalty therefor shall be for a period of incarceration in a penal institution other than a penitentiary not to exceed six (6) months. The matter shall be prosecuted under the rules of criminal procedure of the state, and the village shall be required to establish guilt beyond a reasonable doubt.
G. Limitation; Compliance With Statute: The provisions of subsection A of this section notwithstanding, no penalty shall be greater than that established by state statute for the same offense.
H. Definition: For purposes of this section, "this 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.
I. Over The Counter Settlement: A citation for a violation of any provision of Village ordinance may be settled only in specific compliance with this provisions of this paragraph. An individual may settle his ordinance violation citation without the necessity of a court appearance by delivering to the Village of Hudson Village Hall cash, check or money order made payable to the Village of Hudson during normal business hours not later than the close of business on the fourteenth (14) day after the date the citation was issued the sum of seventy five dollars ($75.00) for the first offense or one hundred fifty dollars ($150.00) for the second offense. No person who is charged with a third or subsequent violation of any Village ordinance shall be eligible to settle the ordinance violation charge pursuant to the provisions of this paragraph. The determination of whether an offense is a first offense, second offence or third or subsequent offense shall be made for all purposes of this section by determining the number of instances in which the individual who has been issued the citation has settled a charge over the counter or has been convicted by a court of competent jurisdiction of a violation of the section of the village ordinance for which a citation has been issued in the three hundred sixty five (365) days immediately preceding the date of the citation without regard to whether court supervision was awarded. (Ord. 1250, 7-6-2010; amd. 2016 Code; Ord. 1323, 4-3-2019)