(A) In no case may an administrative hearing officer conduct an adjudicatory hearing for an alleged code violation where the remedy is a punishment of imprisonment.
(B) Nothing in this chapter, however, shall preclude the city from petitioning a court of competent jurisdiction to adjudicate any ordinance violation or an ordinance violation which provides the remedy of fine, imprisonment and/or other appropriate legal remedies available under the law under the State of Illinois court system and/or the Federal court system as alternative remedies or from petitioning a court of competent jurisdiction to impose the remedy of imprisonment for failure to comply with an order of an administrative hearing officer. Additionally, nothing provided within this chapter including the provisions below herein within § 37.14 regarding payment in lieu of appearance in regard to this administrative adjudication system shall affect in any manner the right and ability of the City of LaSalle to pursue processing and enforcement of ordinances in the Circuit Court of LaSalle County system nor to prevent, with it being the intent that the City will still be allowed an alternative remedy and also allow the opportunity of an election in regard to pursuit of that alternative remedy to settle and resolve such potential disputes as may call for a citation to be filed within the Circuit Court of LaSalle County system outside of this Administrative Adjudication process. The City is authorized and empowered to settle and resolve such disputes with said defendant to avoid a court appearance by and in those events paying the City the sum set forth within the citation which will have the heading of the Circuit Court of LaSalle County as opposed to the City of LaSalle administrative adjudication system which remains an alternative potential charging remedy and will also still apply to any and all previously filed cases and/or previously issued citations. In the event that any such complaints and/or violations bearing the heading of the filing and/or potential filing of the Circuit Court of LaSalle County are not settled consistent with the provisions within the citation that in any of these events the case will remain for filing or potential resolution with the Circuit Court of LaSalle County in the event of the issuance of such citations which remain an alternative remedy. Additionally, the resolution and settlement of any individual dispute as provided within this section shall not affect in any manner any other then pending and/or additionally not yet filed alleged violations of city ordinances.
(Ord. 2685, passed 4-24-2017)