ORDINANCE NO. 2024-02-547
AN ORDINANCE ADOPTING DIVISION 2.1 OF THE ILLINOS MUNICIPAL CODE AND CREATING A CODE HEARING UNIT AND OTHER ACTIONS IN
CONNECTION THEREWITH FOR THE VILLAGE OF LAKE ZURICH
WHEREAS, the Illinois Municipal Code, 65 ILCS 5/1-2-1, provides that the corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and
WHEREAS, the Village of Lake Zurich (“Village”) is a municipal corporation and non-home rule unit of local government pursuant to the Constitution of the State of Illinois of 1970, as amended; and
WHEREAS, pursuant to Division 2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq., the Village is empowered to establish a Code Hearing Unit for the purposes outlined therein; and
WHEREAS, the Code of Ordinances of the Village of Lake Zurich is set forth in that document codified and established as the Village Code of Lake Zurich, Illinois (“Code”); and
WHEREAS, the President and Board of Trustees of the Village believe that the adoption of Division 2.1 of the Illinois Municipal Code to establish the Code Hearing Unit for the Village will provide the most efficient method for adjudicating alleged ordinance violations in a manner that is less costly to both the Village and the accused, while providing the necessary due process protections for the accused, and doing so will allow the Village to more efficiently protect the health, safety and general welfare of its residents; and
WHEREAS, in furtherance of this belief, the President and Board of Trustees have determined to replace the current provisions of the current Chapter 8 entitled “ADMINISTRATIVE HEARING SYSTEM” of Title 1 entitled “ADMINISTRATIVE”, in their entirety, with the proposed new Chapter 8 of the Village Code of Lake Zurich, Illinois, the provisions of said new Chapter 8, being attached hereto and incorporated herein as Exhibit A; and
WHEREAS, upon review of the same, the President and Board of Trustees have determined that this amendment to the Code to replace current Chapter 8 of Title 1 will accomplish the goals outlined herein; and
WHEREAS, the President and Board of Trustees of the Village hereby state their belief that the amendment of the Code of Ordinances to replace Chapter 8, as provided herein, is in the best interests of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Village of Lake Zurich, as follows:
SECTION 1: The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein.
SECTION 2: The corporate authorities wish to amend the Village of Lake Zurich Code of Ordinances, and that same is hereby amended to replace the current Chapter 8 in its entirety, with the new provisions of Chapter 8, as set forth in the attached Exhibit A.
SECTION 3: All ordinances, resolutions, and policies or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of the conflict, expressly repealed on the effective date of this Ordinance.
SECTION 4: If any provision of this Ordinance or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable.
SECTION 6: The Clerk of the Village is hereby directed to publish this Ordinance in pamphlet form.
SECTION 7: This Ordinance shall be in full force and effect after its passage and publication in accordance with Illinois law.
ADOPTED AND PASSED THIS 20th day of February, 2024.
AYES: _______________________________________________
NAYS: _______________________________________________
ABSTAIN: _______________________________________________
ABSENT: _______________________________________________
APPROVED THIS _____ day of February, 2024.
______________________
President
________________________
Clerk
EXHIBIT A
Chapter 8: Code Hearing Department
§ 1-8-1: Establishment of Administrative Adjudication System
§ 1-8-2: Creation of Code Hearing Unit
§ 1-8-3: Code Enforcement Administrator
§ 1-8-4: Definitions
§ 1-8-5: Requirements of Hearing Officers
§ 1-8-6: Notice and Scheduling Adjudicatory Proceedings:
§ 1-8-7: Procedures for Violations – Parking, Standing, Conditions of Vehicles, Automated Traffic Law Violations
§ 1-8-8: Nonresident Procedures For Violation of Title 6
§ 1-8-9: Failure to Pay Fines for Violation of Title 6; Certified Report and Contesting Certified Report
§ 1-8-10: Fines and Penalties
§ 1-8-11: Sign Requirement
§ 1-8-12: Recorded Images Are Confidential
§ 1-8-13: Hearing; Evidence
§ 1-8-14: Findings, Decision and Order
§ 1-8-15: Review Under Administrative Review Law
§ 1-8-16: Judgment on Findings, Decision and Order
§ 1-8-1: Establishment of Administrative Adjudication System:
The Village of Lake Zurich (“Village”) pursuant to Article I, Division 2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq., hereby establishes a system of administrative adjudication, subject to the limitations of this Chapter, that provides due process of law, including notice and an opportunity for a hearing for all affected persons. In the event a conflict between this Chapter and Article I, Division 2.1 of the Illinois Municipal Code exists, then the Illinois Municipal Code shall prevail. The stated purpose of this Chapter is to provide a method for fairly and efficiently enforcing the Village Code of Lake Zurich through citations issued by any Village department for any Village Code violations, including, but not limited to, the housing code, building code, zoning code, and including all offenses under Title 4, public health and safety, and Title 6, Traffic Code, as may be allowed by law through an administrative adjudication of violations of the Village's municipal ordinances, including and establishing a schedule of fines and penalties and authority for collection of unpaid fines and penalties.
§ 1-8-2: Creation of Code Hearing Unit:
A. There is hereby established a Code Hearing Unit within the Village that is responsible for conducting adjudicatory hearings, exercising the powers conferred in this Chapter and in the manner set out in this Chapter.
B. The Code Hearing Unit shall have jurisdiction to adjudicate all alleged violations of the Code, except for: (i) proceedings not within the statutory authority of the Village; (ii) any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles; and, (iii) any reportable offense under Section 6-204 of the Illinois Vehicle Code.
C. The establishment of the Code Hearing Unit does not preclude the Village from using other methods to enforce the provisions of its Code.
D. The Code Hearing Unit shall consist of one or more Hearing Officers, as that term is defined herein, and such other agents, employees or officials assigned to assist the Hearing Officer by the Village Manager or corporate authorities.
E. This Chapter shall not affect the validity of systems of administrative adjudication authorized by state law and adopted by the village. For a violation of any Village ordinance, fines and penalties shall be as established from time to time by the President and Board of Trustees.
§ 1-8-3: Code Enforcement Administrator:
Authority And Jurisdiction: The Code Enforcement Administrator, or his/her designee, is hereby authorized, empowered, and directed to:
A. Promulgate rules and regulations reasonably required to manage the administrative hearing system;
B. Adopt, distribute, and process all notices or documents required under this Chapter, or as may reasonably be required to carry out the purpose of this Chapter;
C. Collect payments made as a result of fines and/or penalties assessed and transmit such payments to the Finance Director;
D. Certify reports to the Illinois Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this Chapter and those of 625 Illinois Compiled Statutes 5/6-306.5;
E. Refer to the Village Treasurer the collection of unpaid fines and penalties through private collection agencies that the Village may retain or by taking any additional action needed in the Lake County Circuit Court;
F. Certify copies of findings, decisions, and orders adjudicated pursuant to this Chapter, and any factual reports verifying the findings, decisions, and orders that are issued in accordance with this Chapter or the laws of the state of Illinois; and
G. Oversee the operation and maintenance of the computer programs for the administrative hearing system, including, without limitation:
1. Inputting information for violation notices;
2. Establishing hearing dates and notice dates;
3. Recording fine and penalty assessment and payments;
4. Issuing payment receipts;
5. Issuing notices of hearing dates, notices of default, such other notices as may be necessary to implement the administrative hearing system, and final notices; and
6. Keeping accurate records of appearances and nonappearances at hearings, pleas entered, fines, and other penalties assessed and paid.
§ 1-8-4: Definitions:
For this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A. “Adjudicatory Hearings” means any hearing called by the Code Hearing Unit pursuant to this Chapter.
B. “Code” means that codification of the ordinances of the Village of Lake Zurich designated the Village Code of Lake Zurich. Unless the context requires otherwise, "Code" means the entire Village Code of Lake Zurich and any Village ordinance, including, but not limited to, the zoning code, any ordinance, law, housing or building code, that establishes construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards that are applicable to structures in the Village or any Village ordinance that requires, after notice, the cutting of weeds, the removal of garbage and debris; the removal of inoperable vehicles or the abatement of nuisances from private property including but not limited to vehicles and traffic laws.
C. “Code Hearing Unit” is defined hereinabove.
D. “Complaint” means a written pleading, filed with the Code Hearing Unit by an authorized official of the Village, which alleges a violation of the Code.
E. “Final Administrative Order” is defined in Section 8-1-7, herein.
F. “Hearing Officer” means an agent of the Village whose duty it is to:
1. Hear testimony and accept evidence that is relevant to the existence of an alleged violation of the Code;
2. Issue subpoenas directing witnesses to appear and give relevant testimony at the adjudicatory hearing or produce relevant documents, upon the request of the parties or their representatives;
3. Preserve and authenticate the record of the adjudicatory hearing and all exhibits and evidence introduced at the adjudicatory hearing;
4. Issue a determination, based on the evidence presented at the adjudicatory hearing, of whether or not a violation of the Code exists; and,
5. Impose penalties consistent with applicable provisions of the Code and assess costs upon finding a party liable for the charged violation, except, however, that in no event shall the Hearing Officer have authority to (i) impose a penalty of incarceration; or, (ii) impose a fine either in excess of $50,000, or such other amount not to exceed the maximum amount established by the Mandatory Arbitration System as prescribed by the Rules of the Illinois Supreme Court from time to time for the judicial circuit in which the Village is located. Any such fine imposed under this Chapter shall be exclusive of costs of enforcement or costs imposed to secure compliance with the Code and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the Village.
G. A “Non-Emergency Situation” means any situation that does not reasonably constitute a threat to the public interest, safety or welfare.
§ 1-8-5: Requirements of Hearing Officers:
A. Any attorney licensed to practice law in the State of Illinois for at least three years may be a Hearing Officer, provided that he or she complies with the provisions of this Section.
B. Prior to conducting adjudicatory hearings, Hearing Officers shall have successfully completed a formal training program which includes the following:
1. Instruction on the rules of procedure of the administrative hearings which they will conduct;
2. Orientation to each subject area of the Code violations that they will adjudicate;
3. Observation of administrative hearings; and
4. Participation in hypothetical cases, including ruling on evidence and issuing final orders.
C. A person who has served as a judge in Illinois is not required to fulfill the requirements of subsection (b), herein.
D. Any person seeking to be appointed as a Hearing Officer for the Village must present evidence of his or her compliance with this Section to the corporate authorities, in such form as deemed appropriate by the corporate authorities.
§ 1-8-6: Notice and Scheduling Adjudicatory Proceedings:
A. The filing of the Complaint shall serve to institute proceedings before the Code Hearing Unit.
B. Any ordinance violation notice issued, signed and served in accordance herewith or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice and shall be admissible in any subsequent administrative or legal proceeding.
C. Parties shall be served with process in a manner reasonably calculated to give actual notice. For the purposes of this Chapter, “a manner reasonably calculated to give actual notice” shall mean, as appropriate, personal service of process upon a party, its employee or its agent; service by first-class mail at a party’s address; or notice that is posted upon the property where the alleged Code violation is found when the party is the owner or manager of the property. If the Village requires the party to respond to the Complaint within a specified amount of time, the Village shall file a reply with the Code Hearing Unit within the same amount of time afforded to the party responding to the Complaint.
D. In the case of a building code violation, if the Village has an ordinance requiring property owners, meaning the legal or beneficial owner(s) of a structure, to register with it, service may be made on the owner by mailing the report and summons to the property owner's address registered with the Village. If the name of the property owner cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found, not less than twenty days before the hearing is scheduled.
E. Parties shall be given notice of any adjudicatory hearing. Said notice must, at a minimum, include: (i) the type and nature of the Code violation to be adjudicated; (ii) name and address of party committing violation (if known) (iii) the date and time violation was observed (iv) the date and location of the adjudicatory hearing; (v) the name, signature and identification number (if applicable) of person issuing notice (v) the legal authority and jurisdiction under which the adjudicatory hearing is to be held; and, (iv) the penalties for failure to appear at the adjudicatory hearing and any fine/penalty which may be assessed for late payment.
F. Parties shall be provided with an opportunity for an adjudicatory hearing during which they may be represented by counsel, present witnesses and cross-examine opposing witnesses. Parties may request the Hearing Officer to issue subpoenas to direct the attendance and testimony of relevant witnesses, as well as the production of relevant documents.
G. The case for the Village may be presented by an attorney designated by the Village or by any other Village employee. The case for the alleged violator may be presented by the alleged violator, his or her attorney, or any other agent or representative of the alleged violator.
H. Adjudicatory hearings shall be scheduled with reasonable promptness, provided that for adjudicatory hearings scheduled in all non-emergency situations, if requested by the defendant, the defendant shall have at least 15 days after service of process to prepare for an adjudicatory hearing. If service is provided by mail, the 15-day period shall begin to run on the day that the notice is deposited in the mail.
§ 1-8-7: Procedures for Violations – Parking, Standing, Conditions of Vehicles, Automated Traffic Law Violations:
A. Any individual authorized to issue a violation notice pursuant to Title 6 of the Village Code and who detects a violation should issue and serve a violation notice in the manner set forth in this Section 1-8-7.
B. In the case of an automated traffic law violation or a violation concerning the standing, parking, and condition of vehicles, the provisions of this subsection B. govern.
1. Prior to issuance of a notice of violation of Title 6 of this Code pertaining to automated traffic law violations, the recorded image must be inspected and a determination must be made whether the motor vehicle was being operated in violation of section 11-306 of the Illinois Vehicle Code, and whether one of the defenses identified in subsection 1-8-7K of this Chapter applies to the alleged violation. Upon determination that the recorded image captures a violation and that no defense applies, notice of violation may be served upon the registered vehicle owner or lessee in the manner herein provided.
C. A violation notice must contain, but is not limited to, the following information:
1. The name and address of the registered owner of the vehicle;
2. The date, time, and place of violation of a parking, standing, compliance, or automated traffic law regulation;
3. The particular regulation violated;
4. The amount of any civil penalty imposed, the requirements of any traffic education program imposed, and the date by which the civil penalty should be paid and the traffic education program must be completed;
5. The fine and any penalty that may be assessed for late payment or failure to complete a required traffic education, or both, when so provided by ordinance;
6. The vehicle make and state registration number where available and readily discernible;
7. The identification number of the person issuing the notice;
8. A statement that the person to whom the notice is issued may elect to proceed by:
a. Paying the indicated fine, completing a required traffic education program, or both; or
b. Challenging the charge in court, by mail, or by administrative hearing;
9. A statement that completion of any required traffic education program, payment of the indicated fine, and of any applicable penalty for late payment, or both, shall operate as a final disposition of the violation;
10. Information as to the availability of a hearing in which the violation may be contested on its merits;
11. Information about the time and manner in which a hearing may be had; and
12. A warning that failure to pay the civil penalty, to complete a required traffic education program, or to contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner of the vehicle.
D. A violation notice for an automated traffic law violation must also contain a copy of the recorded images, accompanied by a statement that recorded images are evidence of a violation of a red light signal.
E. Service of a violation notice may be made by:
1. Affixing the original or a facsimile of the notice to the vehicle; or
2. Handing the notice to the operator of the vehicle if he or she is present; or
3. In the case of service of an automated traffic law violation, by mail to the address of the registered owner of the cited vehicle as recorded with the Secretary of State within thirty (30) days after the Secretary of State notifies the Village of the identity of the owner of the vehicle, but in no event later than ninety (90) days after the violation.
F. The following certifications are required:
1. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices must certify the correctness of the facts entered on the violation notice by signing the notice at the time of service or, in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the Code Enforcement Administrator attesting to the correctness of all notices produced by the device while it was under his or her control.
2. In the case of an automated traffic law violation, a technician employed or contracted by the Village must determine, based on inspection of recorded images, that the subject vehicle was being operated in violation of section 11-208.6 of the Illinois Vehicle Code or in violation of this code. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right of way to an emergency vehicle, no citation may be issued.
G. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, must be retained by the Code Enforcement Administrator and must be kept as a record in the ordinary course of business.
H. A parking, standing, compliance, or automated traffic law violation notice issued, signed, and served in accordance with this section, a copy of the notice, or the computer generated record is prima facie correct and is considered prima facie evidence of the correctness of the facts shown on the notice.
I. The notice, copy, or computer generated record is admissible in any subsequent administrative or legal proceedings.
J. Additional notices must be sent in the manner and sequence established by this subsection and must include, but are not limited to, the information specified herein:
1. Service of additional notices must be sent by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State; or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States post office approved database; or, pursuant to section 11-1306 of the Illinois Vehicle Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of the lease; or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States post office approved database. Service of additional notices is deemed complete as of date of deposit in the United States mail.
2. A second notice of a parking, standing, or compliance violation may be sent, which notice must contain, but is not limited to, the following information:
a. The date and location of the violation cited in the parking, standing, or compliance violation notice;
b. The particular regulation violated;
c. The vehicle make and state registration number;
d. Any requirement to complete a traffic education program;
e. The fine and any penalty that may be assessed for late payment or failure to complete a traffic education program, or both, when so provided by ordinance;
f. Information as to the availability of a hearing in which the violation may be contested on its merits;
g. Information about the time and manner in which a hearing may be had; and
h. A statement that failure to complete a required traffic education program, or to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any incomplete traffic education program or any unpaid fine or penalty, or both, will constitute a debt due and owing the Village.
3. A notice of final determination of parking, standing, compliance, or automated traffic law violation liability must be sent following a final determination of parking, standing, compliance, or automated traffic law violation liability and the conclusion of judicial review procedures, which notice must contain, but is not limited to, the following information:
a. A statement that the incomplete traffic education program or the unpaid fine or penalty, or both, is a debt due and owing the village; and
b. Warnings that failure to complete any required traffic education program or to pay any fine or penalty due and owing the Village, or both, within the time specified may result in the Village's filing of a petition in the circuit court to have the incomplete traffic education program or unpaid fine or penalty, or both, rendered a judgment, or may result in suspension of the person's driver's license for failure to pay fines or penalties for ten (10) or more parking violations under section 6-306.5 of the Illinois Vehicle Code or five (5) or more automated traffic law violations under section 11-208.6 of the Illinois Vehicle Code.
K. In instances of an alleged violation of Title 6 of this Code pertaining to automated traffic law violations and the violations concerning standing, parking, and condition of vehicles, it is considered a defense to a violation charged if the owner, the owner's attorney, or any other agent or representative proves to the Hearing Officer's satisfaction that:
1. The motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation, as provided in section 11-208.6(i) of the Illinois vehicle code; or
2. The vehicle entered the intersection as part of a funeral procession; or
3. The vehicle entered the intersection in order to yield the right of way to an emergency vehicle; or
4. Any other evidence or issues in this Code exist as a defense to an alleged violation of Title 6 of this Code.
L. For purposes of the required traffic education program only, an owner may submit an affidavit to the court or Hearing Officer swearing that, at the time of the alleged violation, the vehicle was in the custody and control of another person. The affidavit must identify the person in custody and control of the vehicle, including the person's name and current address. The person in custody and control of the vehicle at the time of the violation is required to complete the required traffic education program. If the person in custody and control of the vehicle at the time of the violation completes the required traffic education program, the registered owner of the vehicle is not required to complete a traffic education program.
M. For violations of Title 6 of this Code pertaining to automated traffic law violations and violations concerning the standing, parking, or condition of vehicles:
1. Final Disposition: Payment of the indicated fine, and any applicable penalty for late payment, and completion of any required traffic education program and payment of any applicable penalty for late completion thereof, constitute final disposition of the violation.
2. Final Determination Of Liability: Final determination of violation liability occurs following failure to complete the required traffic education program, to pay the fine or penalty, or both, after a Hearing Officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by this Chapter.
A. Any nonresident of the Village who has been served a violation notice for violation of any provision of Title 6 of this Code pertaining to the standing, parking, or condition of vehicles or automated traffic law violations may contest the alleged violation on its merits without personally appearing at a hearing by:
1. Completion Of Form: Requesting and completing, in full, the nonresident request for hearing-nonappearance form;
2. Waiver: Acknowledging in the space specified in the form that his or her personal appearance is waived and submitting to an adjudication based upon the notarized statement filed by him or her and the facts contained in the violation notice;
3. Time For Filing: Filing the form with the Code Enforcement Administrator postmarked by the twenty fifth of the month, if the violation notice was issued between the first through the fifteenth day of that month; or postmarked by the tenth of the month, if the violation notice was issued between the sixteenth of and the last day of the immediately preceding month. The filing is deemed completed if postmarked by the due dates herein specified; and
4. Statement Of Facts: Filing a notarized statement of facts specifying the grounds for challenging the violation notice with the Code Enforcement Administrator in conjunction with the violation notice.
B. Basis Of Decision: The Hearing Officer must make a decision based on the facts set forth in the notarized statement of facts filed by the nonresident and as contained in the violation notice. The Village is also allowed to present such evidence as may be relevant and reliable.
C. Notice Of Determination: Notice of the determination of the Hearing Officer must be served upon the nonresident by first class mail, postage prepaid, addressed to the nonresident at the address set forth in the statement of facts submitted.
D. Service: Service of the notice of such determination is considered complete on the date the notice is deposited in the United States mail.
A. Notice of impending suspension of a person's driver's license must be sent to any person determined to be liable for failure to complete a required traffic education program or to pay any fine or penalty that remains due and owing, or both, on ten (10) or more vehicular standing, parking, or compliance violations or five (5) or more automated traffic law violations, which notice must contain, but is not limited to, the following:
1. A statement that the failure to complete a required traffic education program or to pay the fine or penalty owing, or both, within forty five (45) days after the date of the notice must result in the Village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under 625 Illinois Compiled Statutes 5/6-306.5;
2. A statement that the person may obtain a photocopy of an original ticket imposing a fine or penalty by sending a self- addressed, stamped envelope to the Village along with a request for the photocopy.
B. Notice of impending suspension of driver's license issued pursuant to subsection A of this section must be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States post office approved database.
C. Upon a failure to pay fines and penalties deemed due and owing the Village pursuant to Title 6 of this Code, pertaining to automated traffic law violations and violations concerning the parking, standing, and condition of vehicles, and after the exhaustion of the procedures set forth herein, the Code Enforcement Administrator may make a certified report to the Secretary of State pursuant to 625 Illinois Compiled Statutes 5/6-306.5(c) in a form prescribed by the Secretary of State, stating that the owner or lessee of a registered vehicle has failed to pay the fine or penalty due and owing the village as a result of ten (10) or more violations concerning the parking, standing, and condition of vehicles, or five (5) or more automated traffic law violations, and thereby may initiate the suspension of that person's driver's license.
D. The Code Enforcement Administrator may take no further action thereafter unless and until the fines and penalties due and owing the Village are paid or on a determination that the inclusion of the person's name on the certified report was in error. At either such time, the Code Enforcement Administrator may submit to the Secretary of State a notification that may result in the halting of a driver's license suspension proceeding pursuant to 625 Illinois Compiled Statutes 5/6-306.5(d). The person named therein must receive a certified copy of such notification upon request and at no charge.
E. Persons may challenge the accuracy of the certified report by completing and filing, within twenty one (21) days after the date of the Secretary of State's notice under 625 Illinois Compiled Statutes 5/6-306.5(b), a form provided by the Code Enforcement Administrator specifying the grounds on which the challenge is based. Grounds for challenge are limited to the following:
1. The person was neither the owner nor the lessee of the vehicle receiving the ten (10) or more violation notices concerning standing, parking or compliance or five (5) or more automated traffic law violations on the date or dates such notices were issued; or
2. The person has paid the fine and penalty for the ten (10) or more violations concerning standing, parking or compliance or five (5) or more automated traffic law violations indicated on the certified report; or
3. Excusable failure to appear at or request a new hearing date.
F. The Code Enforcement Administrator must give notice of a determination on a challenge to accuracy pursuant to subsection E of this section within fourteen (14) days after receipt of the form, and must notify the person filing the challenge of the determination, and, if applicable, notify the Secretary of State.
A. The fines and penalties that may be imposed pursuant to this Chapter are set forth in Title 13, Chapter 1, "Fee Schedule", of this Code.
B. A Hearing Officer may impose the penalty and those costs allowable by law, on a respondent/defendant found liable for a violation penalty as set forth in title 13, chapter 1, "Fee Schedule", of this Code. The amount of any violation penalty is in addition to the fines and penalties set forth in subsection A of this section.
C. Traffic Education Program:
1. In addition to any other penalty imposed pursuant to this section, a defendant who is found liable for violations of Title 6 of this Code pertaining to automated traffic law violations or violations concerning the standing, parking, and condition of vehicles may be required to complete a traffic education program and to pay a fee for participating in such traffic education program. The late penalty for failure to timely complete a traffic education program is shown in title 13, chapter 1, "Fee Schedule", of this Code.
2. A low income individual required to complete a traffic education program who provides proof of eligibility for the Federal Earned Income Tax credit under section 32 of the Internal Revenue Code or the Illinois Earned Income Tax credit under section 212 of the Illinois Income Tax Act is not required to pay any fee for participating in a traffic education program.
3. A violation of vehicle weight or size restrictions by the holder of a commercial driver's license is not considered a violation for which completion of a traffic education program may be required.
D. An automated traffic law violation for which a civil penalty is imposed under this section is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle.
An intersection equipped with an automated traffic law enforcement system must be posted with a sign visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system.
Recorded images made by an automatic traffic law enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation, for statistical purposes, or for other governmental purposes. Any recorded image evidencing an automated traffic law violation, however, may be admissible in any proceeding resulting from the issuance of the citation.
§ 1-8-13. Hearing; Evidence:
A. At the hearing, the Hearing Officer shall preside, administer oaths and affirmation, hear testimony and accept any evidence relevant to the existence or nonexistence of a code violation. The Hearing Officer may accept any evidence, including hearsay, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
B. The formal and technical rules of evidence shall not be applied in an adjudicatory hearing under this Chapter.
C. A record of all hearings shall be kept by tape recording or other appropriate means.
D. No continuances shall be authorized by the Hearing Officer in proceedings under this Chapter except in cases where a continuance for good cause is necessary. Lack of preparation shall not be grounds for a continuance.
E. In the case of a building code violation only, it shall be a defense to a building code violation charge under this section if the owner, his attorney, or any other agent or representative proves to the Hearing Officer's satisfaction that:
1. The building code violation has been caused by the current property occupants and that in spite of reasonable attempts by the property owner to maintain the dwelling free of such violations, the current occupants continue to cause the building code violations; or
2. An occupant or resident of the dwelling has refused entry to the owner or his agent to all or a part of the dwelling for the purpose of correcting the building code violation.
§ 1-8-14: Findings, Decision And Order:
A. At the conclusion of the adjudicatory hearing, the Hearing Officer shall make a determination (the “Final Administrative Decision”), based on the evidence presented at the adjudicatory hearing, of whether or not a violation of the Code exists. The Final Administrative Decision shall be in writing and shall include a written finding of fact, decision and order including the fine, penalty or action with which the defendant must comply.
B. A copy of the Final Administrative Decision shall be served on the Parties within five days after issuance. The Final Administrative Decision shall be served in a manner allowed herein, unless the parties agree to an alternative form of service.
C. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in the Code.
D. In the case of a building code violation, if a building code violation is proved, the order may also impose the sanctions that are provided in the building code for the building code violation proved, including ordering a defendant to correct a Code violation.
E. If on the dates set for the hearing the alleged violator or his or her attorney or designee fails to appear, the Hearing Officer may find the alleged violator in default and shall proceed with the hearing and accept evidence relevant to the existence of a Code violation.
F. Upon finding the alleged violation in default, the ordinance enforcement or Code Enforcement Adminstrator shall send or cause to be sent notices by first class mail, postage prepaid to the violator who receives the notice of an ordinance violation. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
§ 1-8-15: Review Under Administrative Review Law:
Any Final Administrative Decision by a Code Hearing Unit, that a Code violation does or does not exist, shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq.
§ 1-8-16: Judgment on Findings, Decision and Order:
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 Village 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 Administrative Decision 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 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 a Village 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 a court of competent jurisdiction or a Hearing Officer, shall be a debt due and owing the Village and may be collected in accordance with applicable law. Prior to any expenses being fixed by a Hearing Officer pursuant to this subsection, the Village shall provide notice to the defendant that states that the defendant shall appear at a hearing before the Hearing Officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a hearing, which shall not be less than seven days from the date that notice is served. If notice is served by mail, the seven-day period shall begin to run on the date that the notice was deposited in the mail.
D. Upon being recorded in the manner required by Article XII of the Code of Civil Procedure, 735 ILCS 5/12-101 et seq., or by the Uniform Commercial Code, 810 ILCS 5/1–101 et seq., 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 Village under this Chapter. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
E. A Hearing Officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the Hearing Officer determines that the defendant’s failure to appear at the adjudicatory hearing was for good cause or at any time if the defendant establishes that the Village did not provide proper service of process. If any judgment is set aside pursuant to this subsection, the Hearing Officer shall have the authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the Village as a result of the vacated default judgment.