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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. 1531, 4-12-2010)
There is hereby established an executive department of the municipal government to be known as the Monee ordinance enforcement department and to have the power to enforce compliance with all municipal ordinances as from time to time authorized by the village council, except for 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 section 6-204 of the Illinois vehicle code. The establishment of the Monee ordinances enforcement department does not preclude the mayor and village council from using any other method to enforce ordinances of the village. (Ord. 1531, 4-12-2010)
The Monee ordinance enforcement department shall be composed of a hearing officer, an ordinance enforcement administrator and hearing room security personnel, with the power and authority as hereinafter set forth:
A. Violation notice of any ordinance violation 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. For purposes of this chapter, the "village traffic code" or "traffic code" shall mean all of the provisions of this code other than any reportable offense governing the movement of vehicles or any offense under section 6-204 of the Illinois vehicle code.
B. The ordinance enforcement administrator is authorized and directed to:
1. Operate and manage the system of administrative adjudication of village ordinance violations as may be permitted by law and directed by ordinance.
2. 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.
3. Collect monies paid as fines and/or penalties assessed after a final determination of liability.
4. 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 of Illinois including 625 Illinois Compiled Statutes 5/11-208.3 as from time to time amended.
5. Certify reports to the secretary of state concerning initiating of suspension of driving privileges in accordance with the provisions of this chapter as hereinafter set forth, and those of 625 Illinois Compiled Statutes 5/6-306.5.
6. Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created.
7. Collect unpaid fines and penalties through private collection agencies and pursuit of all postjudgment remedies available by current law.
C. System coordinator/computer operator is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system of the Monee ordinance enforcement department hereby created, on a day to day basis, including, but not limited to:
1. Input of violation notice information.
2. Establishing court dates and notice dates.
3. Record fine and penalty assessment and payments.
4. Issue payment receipts.
5. Issue succeeding notice of hearing dates and/or final determination of liability; issue notice of immobilization; 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.
6. Keep accurate records of appearances and nonappearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, fines and penalties assessed and paid.
D. Hearing room security personnel shall be qualified off duty, full time, part time or auxiliary police officers who are hereby authorized and directed to:
1. Maintain hearing room decorum.
2. Have and execute authority as is granted to courtroom deputies of the circuit court.
3. Perform such other duties or acts as may reasonably be required and as directed by the hearing officer or ordinance enforcement administrator. The mayor is hereby authorized to appoint persons to hold the positions above set forth. 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 above stated positions shall be as approved by the village council. (Ord. 1531, 4-12-2010)
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 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, part time and auxiliary 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 of the party violating the ordinance, if known.
2. The date, time and place of the violation (date of issuance).
3. The particular ordinance violated.
4. Vehicle make and state registration number (if applicable).
5. The fine and any penalty which may be assessed for late payment.
6. The signature and identification number of the person issuing the notice.
7. The date and location of the adjudicating hearing of ordinance violations, the legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing. (Ord. 1531, 4-12-2010)
A. Service of any violation regarding traffic by:
1. Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle; or vehicle violating any compliance regulation;
2. Handing the notice to the registered owner, operator or lessee of the vehicle, if present; or
3. Handing the notice to the responsible person or leaving the notice with any person twelve (12) years of age or older at the residence of the responsible owner.
B. In the case of any ordinance violation other than those concerning traffic by:
1. Handing the notice to the person responsible for the ordinance violation;
2. Handing the notice to the responsible person or leaving the notice with any person twelve (12) years of age or older at the residence of the responsible person;
3. Mailing the notice by certified mail, return receipt requested to the person responsible for the ordinance violation; or
4. Posting the notice upon the property where the violation is found when the person is the owner or manager of the property.
C. The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
1. Signing his/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/her control.
3. 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. 1531, 4-12-2010)
An administrative hearing to adjudicate any alleged ordinance violation on its merits, or to contest the validity of a notice of impending immobilization or impending impoundment, or the validity of a notice of impending driver's license suspension shall be granted to the registered owner or operator of the "cited vehicle", pursuant to 625 Illinois Compiled Statutes 5/11-208.3 or the lessee of the "cited vehicle", 625 Illinois Compiled Statutes 5/11-1306, incorporated herein by reference and at the date, time and place as is set forth by the ordinance enforcement administrator and served upon the registered owner, operator or lessee for hearings contesting the validity of notices of impending immobilization or impending impoundment or driver's license suspension. All administrative hearings shall be recorded and shall culminate in a determination of liability or nonliability, made by the hearing officer, who shall consider facts and/or testimony without the application of the formal or technical rules of evidence. Evidence including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. The hearing officer shall, upon a determination of liability, assess fines and penalties in accordance with section 1-14-11, "Schedule Of Fines/Penalties", of this chapter. Persons appearing to contest the alleged violation on its merits may be represented by counsel at their own expense. The burden of proof shall be on the alleged offender to refute the prima facie case set forth in the verified notice of violation. (Ord. 1531, 4-12-2010)
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