(A) Fines. All fines and other moneys to be paid to the city in accordance with this chapter will be remitted to the city and deposited in the appropriate city account as designated by the City Manager.
(B) Compliance bond.
(1) In order to ensure that violations are remedied in a timely manner, the Hearing Officer, upon issuing a determination of liability that includes an order of compliance, will have the authority to order the defendant in the case to obtain a bond (“compliance bond”) to ensure defendant’s timely compliance in correcting the violation. Any compliance bond ordered pursuant to this division (B) must name the city as a beneficiary and be in the amount specified by the Hearing Officer, provided that the amount of the compliance bond is to be reasonably related to the cost of compliance. If the defendant fails to remedy in a timely manner the violation for which a compliance bond has been ordered and issued, and the city undertakes remediation or otherwise expends funds related to the violation for which a compliance bond has been ordered and issued, the Hearing Officer, after giving the parties notice and an opportunity to be heard, as provided in division (F) below, may issue an order permitting the city to draw against the compliance bond in an appropriate amount. Upon proof of compliance, the Hearing Officer will order the compliance bond amount, less the reasonable costs incurred by the city, returned to the defendant.
(2) In the event a defendant ordered to secure a compliance bond as provided by this division (B), seeks judicial review of that portion of the Hearing Officer’s order requiring a compliance bond and prevails on that issue, the city will release the compliance bond, and if the city has drawn against the compliance bond, the city will refund to the defendant the total amount drawn within 30 days of receiving a copy of the reviewing court’s mandate.
(C) Expiration of judicial review period. After expiration of the period that judicial review under 735 ILCS 5/Art. III may be sought, 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.
(D) Liability for city enforcement expenses. If the defendant fails to comply with a judgment ordering the defendant to correct a violation or imposing any fine or other sanction, any expenses incurred by the city to enforce the judgment entered against that defendant, including without limitation administrative costs, attorney’s fees, court costs and costs related to property demolition or foreclosure (collectively “enforcement expenses”), after they are fixed by a court of competent jurisdiction, or by a Hearing Officer in accordance with division (F) below, will be a debt due and owing the city and may be collected in accordance with applicable law, including without limitation drawing against any compliance bond.
(E) Lien on property. In addition to all other enforcement action set forth in this chapter, the Hearing Officer, after providing the notice and opportunity to be heard, in accordance with division (F) below, has the authority to impose a lien on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the city for any violation under this chapter, including any and all enforcement expenses.
(F) Final notice and hearing.
(1) The Hearing Officer will conduct a hearing pursuant to notice sent to defendant by first class mail, postage prepaid not less than seven days prior to the date of the hearing prior to:
(a) Imposing enforcement expenses pursuant to division (D) above; or
(b) Imposing a lien pursuant to division (E) above.
(2) The defendant’s failure to appear at such hearing will not preclude the Hearing Officer from imposing enforcement expenses or a lien.
(Ord. 2008-11, passed 4-24-2008)