Section
38.01 Purpose
38.02 Creation
38.03 Administrative composition
38.04 Notice of violation
38.05 Service and notice of hearing
38.06 Administrative hearings
38.07 Final determination of liability
38.08 Judicial review
38.09 Enforcement of judgment
38.10 Schedule of fines/penalties
38.11 Failure to appear; notice
38.12 Impending suspension of driver’s license; notice
38.13 Towing and impoundment of motor vehicles
38.14 Request for hearing in the case of towing and impoundment of motor vehicles
38.15 Post-impoundment notice
38.16 Hearing in case of vehicle impoundment
38.17 Fines and fees for impoundment
38.18 Towing services
38.19 Eviction, rights of occupants
38.20 Defenses to building code violations
38.21 Sanctions applicable to the building owner
38.22 Liability of parent or legal guardian for ordinance violations
38.99 Penalty
The stated purpose of this chapter is to provide for fair and efficient enforcement of village ordinances as may be allowed by law and directed by ordinance, through an administrative adjudication of violations of such village ordinances and establishing a schedule of fines and penalties, and authority and procedures for collection of unpaid fines and penalties.
(Ord. 4013, passed 9-21-2009)
There is hereby established an executive department of the municipal government to be known as the Village Ordinance Enforcement Department and to have the power to enforce compliance with all municipal ordinances (65 ILCS 5/1-2.1-1 et seq.) and any offense under the Illinois Building Code (65 ILCS 5/11-31.1-3 et seq.), but not any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under 625 ILCS 5/6-204 of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.) The establishment of the Village Ordinance Enforcement Department does not preclude the Village Board from using any other method to enforce ordinances of the village.
(Ord. 4013, passed 9-21-2009; Ord. 4128, passed 11-21-2011)
(A) The Village Ordinance Enforcement Department shall be composed of a Hearing Officer, an Ordinance Enforcement Administrator, System Coordinator/Computer Operator and such other personnel hereinafter appointed, with the power and authority as hereinafter set forth.
(B) The Village President is hereby authorized to appoint all Hearing Officers of this village. The Chief of Police is hereby authorized to appoint all other persons to hold the positions hereinafter set forth below, and such other personnel as needed. Other than the Hearing Officer, one person may hold and fulfill the requirements of one or more of the above stated positions, and compensation for each of the hereinafter stated positions shall be as approved by the President and Board of Trustees.
(1) Hearing Officer.
(a) The Hearing Officer shall preside over all adjudicatory hearings and shall have the following powers and duties:
1. Preside at an administrative hearing called to determine whether or not a code violation exists;
2. Hear testimony and accept evidence that is relevant to the existence of the code of ordinances violation;
3. Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
4. Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
5. Issue and sign a written finding, decision and order stating whether a village code violation exists; and
6. Impose penalties, sanctions or such other relief consistent with applicable village code provisions 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 impose a penalty of incarceration.
(b) Prior to conducting administrative adjudication proceedings under this chapter, the Hearing Officer shall have successfully completed a formal training program which includes the following:
1. Instruction on the rules of procedure of the administrative hearings over which the Hearing Officer shall preside;
2. Orientation to each subject area of the code violations that he or she will adjudicate;
3. Observation of administrative hearings; and
4. Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(c) A Hearing Officer must be an attorney licensed to practice law in the state for at least three years.
(2) Ordinance Enforcement Administrator. The Ordinance Enforcement Administrator is authorized and directed to:
(a) Operate and manage the system of administrative adjudication of village ordinance violations as may be permitted by law and directed by ordinance;
(b) Adopt, distribute and process all notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter;
(c) Collect monies paid as fines and/or penalties assessed after a final determination of liability;
(d) Certify copies of final determinations of an ordinance violation adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation liability which was issued in accordance with this chapter, the laws of the state, including 625 ILCS 5/11-208.3, as from time to time amended;
(e) Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter as hereinafter set forth, and those of state law;
(f) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created; and
(g) Collect unpaid fines and penalties through private collection agencies and pursuit of all post-judgment remedies available by current law.
(3) System Coordinator/Computer Operator. The System Coordinator/Computer Operator is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system of the Village Ordinance Enforcement Department hereby created, on a day-to-day basis, including, but not limited to:
(a) Input of violation notice information;
(b) Establishing court dates and notice dates;
(c) Record fine and penalty assessment and payments;
(d) Issue payment receipts;
(e) Issue succeeding notice of hearing dates and/or final determination of liability; issue notice of impending impoundment; issue notice of impending driver’s license suspension, as directed by the Ordinance Enforcement Administrator in accordance with the provisions hereinafter set forth; and
(f) Keep accurate records of appearances and non-appearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, fines and penalties assessed and paid.
(Ord. 4013, passed 9-21-2009)
The system of administrative adjudication of any village ordinance violation authorized to be adjudicated hereunder, shall be in accordance with the following procedures.
(A) Violation notice of any ordinance violation including violations of the Village Traffic Code, Title VII of this code of ordinances, other than any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under § 6-204 of the Illinois Vehicle Code (hereinafter the “Village Traffic Code”), shall be issued by the persons authorized under this Code and shall contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth.
(B) All full-time police officers as well as other specifically authorized individuals of any village department shall have the authority to issue violation notices.
(C) Any individual authorized hereby to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this chapter or a violation of any section of any village ordinance, is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth.
(D) The violation notice shall contain, but shall not be limited to, the following information:
(1) The name and address of the party violating the ordinance, if known;
(2) The date, time and place of the violation (date of issuance);
(3) The type and nature of the ordinance violated;
(4) Vehicle make and state registration number (if applicable);
(5) The penalty which may be assessed for failure to appear;
(6) The names and witnesses of the violation;
(7) The signature and identification number of the person issuing the notice; and
(8) The docket number, date and location of the adjudicating hearing of ordinance violations, if applicable, other than violations of the Village Motor Vehicle Code and the penalties for failure to appear at the hearing.
(E) The date of the hearing shall not be less than 30 nor more than 40 days after the violation is reported.
(Ord. 4013, passed 9-21-2009)
(A) Service of any violation notice shall be made by the person issuing such notice:
(1) In the case of violation of the Village Traffic Code, service shall be made by:
(a) Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle or vehicle violating any compliance regulation;
(b) Handing the notice to the registered owner, operator or lessee of the vehicle, if present; or
(c) Mailing the notice by first-class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appeal at the hearing.
(2) In the case of violation of any other provision of this code relating to buildings or structures, service shall be made by:
(a) First class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing; and
(b) If the name of the owner of the structure 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 notice on the front door of the structure where the violation is found, not less than 20 days before the hearing is scheduled.
(3) In the case of any ordinance violation other than a violation of the village traffic code or building code, service shall be made by mailing the notice by first-class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing.
(B) The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
(1) Signing his or her name to the notice at the time of issuance; or
(2) In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the Ordinance Enforcement Administrator, attesting to the correctness of all notices produced by the device while under his or her control.
(C) The original or a facsimile of the violation notice shall be retained by the Ordinance Enforcement Administrator and kept as a record in the ordinary course of business.
(D) Any 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.
(Ord. 4013, passed 9-21-2009)
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