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A final determination of liability shall occur following the failure to pay the fine or penalty after the hearing officer's determination of liability and the exhaustion of, or the failure to exhaust, any administrative review procedures hereinafter set forth. Where a person fails to appear at the administrative hearing to contest the alleged violation on the date and at the time and place specified in a prior served or mailed notice, the hearing officer's determination of liability shall become final either upon a denial of a timely petition to set aside that determination or upon the expiration of the period for filing a petition without a filing having been made. (Ord. 1531, 4-12-2010)
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 Municipality 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 determination 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 by a court of competent jurisdiction.
C. In any case in which a Hearing Officer finds that 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 Code violation, any expenses incurred by a Municipality to enforce the judgment including, but not limited to, attorney fees, court costs, and costs related to property demolition or foreclosure after they are fixed by the Hearing Officer, shall be a debt due and owing the Municipality and may be collected in accordance with applicable law.
D. A lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debts due and owing the Municipality under this section. The lien may be recorded and enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. No lien may be enforced under this section until it has been recorded in the manner provided by article XII of the Code of Civil Procedure or by the Uniform Commercial Code.
E. A Hearing Officer may set aside any judgment entered by default and set a new hearing date upon a petition filed within twenty one (21) days after the issuance of the order of default if the Hearing Officer determines that the petition's failure to appear at the hearing was for good cause or at any time if the petition establishes that the Municipality did not provide proper service of process. (Ord. 1531, 4-12-2010)
The fines and penalties which shall be imposed shall be as follows:
A. Violations Regarding Vehicles:
1. Penalty For General Parking Violations: For violation of any provision regarding traffic or any compliance violation; or, violation of any other Village ordinance regulating, restricting or prohibiting the standing or parking of motor vehicles along the streets, byways, alleyways, regulated parking lots or such other location as may be controlled by off street parking agreements, located within the geographical boundaries of this Village, other than for handicapped parking and unless stated otherwise in a specific section of this Code, the fine shall be:
a. Seventy five dollars ($75.00) if paid on or before the date set for hearing as assigned on the notice of violation.
b. Seven hundred fifty dollars ($750.00) if paid after hearing date after failing to appear or if paid after the thirtieth day following the final judgment.
2. Penalty For Handicapped Parking Violations: For violation of any Village ordinance regulating, restricting or prohibiting the standing or parking of motor vehicles along the street, byways, alleyways, regulated parking lots or such other location as may be controlled by off street parking agreements, located within the geographical boundaries of this Village for areas specifically designated for disabled or handicapped parking the fine shall be:
a. Three hundred fifty dollars ($350.00) if paid on or before the date set for hearing as assigned in the notice of violation.
b. Seven hundred fifty dollars ($750.00) if paid after hearing date after failing to appear or if paid after the thirtieth day following the final judgment.
3. Penalty For Use Of Cellular Phones While Driving: Any person found to have driven a motor vehicle while using a mobile, cellular, analog wireless or digital telephone in violation of section 5-3-26 of this Code or Illinois Vehicle Code section 12-610 the fine shall be:
a. Seventy five dollars ($75.00) if paid on or before the date set for hearing as assigned on the notice of violation.
b. Seven hundred fifty dollars ($750.00) if paid after hearing date after failing to appear or if paid after the thirtieth day following the final judgment.
4. Penalty; Certain Portions Of State Vehicle Code Adopted: Any person found to be in violation of any of the provisions of section 6-1-1 of this Code which adopts certain portions of the State Vehicle Code the fine shall be:
a. Seventy five dollars ($75.00) if paid on or before the date set for hearing as assigned on the notice of violation, unless specified otherwise.
b. Seven hundred fifty dollars ($750.00) if paid after hearing date after failing to appear or if paid after the thirtieth day following the final judgment.
c. If what is being transported by the driver requires a commercial driver's license, or any similar license by another state, the fine shall be two hundred fifty dollars ($250.00) if paid on or before the date set for hearing as assigned on the notice of violation and seven hundred fifty dollars ($750.00) if paid after hearing date after failing to appear or if paid after the thirtieth day following the final judgment.
d. If what is being transported by the driver requires a commercial driver's license, or any similar license by another state, with the following endorsements the fine shall be three hundred fifty dollars ($350.00) if paid on or before the date set for hearing as assigned on the notice of violation and seven hundred fifty dollars ($750.00) if paid after hearing date after failing to appear or if paid after the thirtieth day following the final judgment:
(1) Passenger endorsement (P) - required to drive a vehicle designed to carry sixteen (16) or more passengers (including the driver), or any similar by another state.
(2) Charter bus endorsement (C) - required to drive a bus transporting students involved in school sponsored activities, or any similar by another state.
(3) School bus endorsement (S) - required to drive a yellow school bus transporting students to and from school and/or school-related functions, or any similar by another state.
(4) Combination vehicle (X) - required to drive combination vehicles, or any similar by another state.
e. If what is being transported by the driver requires a commercial driver's license, or any similar license by another state, with the following endorsements the fine shall be four hundred fifty dollars ($450.00) if paid on or before the date set for hearing as assigned on the notice of violation and seven hundred fifty dollars ($750.00) if paid after hearing date after failing to appear or if paid after the thirtieth day following the final judgment:
(1) Hazardous materials endorsement (H) - required to drive a vehicle transporting hazardous material that requires placarding, or any similar by another state.
(2) Tank endorsement (N) - required to drive a vehicle designed to carry any liquid or gaseous material within a tank that is permanently or temporarily attached to the vehicle or the chassis, or any similar by another state.
5. Penalty; Violation Of Posted Regulations: Failure to comply with any posted regulations including but not limited to excessive engine braking or truck and weight route restrictions. Penalty shall be seven hundred fifty dollars ($750.00). (Ord. 1761, 8-24-2016)
B. Violations Regarding Police Regulations: Any person found to have violated any section of title 5, "Police Regulations", of this Code, unless specifically noted differently in a section of title 9 of this Code, shall be fined not more than seven hundred fifty dollars ($750.00), as determined by the Administrative Adjudicator, per day as the violation exists:
Animals at large on public highways | |
Offenses affecting or involving children | |
5-3-3D1 | Curfew - under 17 |
5-3-3D2 | Curfew - parental responsibility |
Indecency, obscenity and harmful materials | |
Public indecency - 17 and older | |
Prostitution | |
5-3-4B2 | Soliciting for a prostitute |
Assault | |
Battery | |
Loitering | |
Disorderly conduct | |
Reckless conduct | |
Firearms discharge prohibited | |
Theft related offenses | |
5-3-11A1 | Theft of property under $300.00 |
Theft of labor or services under $500.00 | |
Retail theft | |
Deceptive practices | |
Odometer fraud | |
Property related offenses | |
Littering | |
5-3-14D1 | Vandalism |
5-3-14D2 | Vandalism - parental responsibility |
Criminal damage to property | |
Trespass | |
Criminal trespass to residence | |
Criminal trespass to vehicles | |
Criminal trespass to real property | |
Mob action | |
Offenses involving Village officials | |
Compounding a crime | |
Liquor related offenses by underage person | |
Drug related offenses | |
Possession of cannabis less than 2.5 grams | |
Eavesdropping | |
Harassment by telephone | |
Possession or consumption of alcoholic beverages on Municipal property | |
Prohibited activities on detention ponds | |
Nuisances | |
Tobacco products; sale and possession | |
Minimum age to sell tobacco products - under 18 | |
Purchase by minors prohibited - under 18 | |
Possession by minors prohibited - under 18 | |
Parental responsibility for minors - damage to property, enter into or obtain control over any motor vehicle, trailer, bicycle, aircraft or watercraft, or any part thereof, any violation of a State Statute or Village ordinance concerning vandalism, battery, curfew, disorderly conduct, obscene conduct, trespass, or possession or use of an alcoholic liquor, cannabis, or controlled substance, retail theft, fireworks, or any other offense or willful or malicious acts to persons or property | |
(Ord. 1761, 8-24-2016; amd. Ord. 1773, 12-14-2016)
C. Violations Regarding Property Maintenance: Any person found to have violated any section of title 9, "Building Regulations", of this Code shall be fined not more than seven hundred fifty dollars ($750.00), as determined by the Administrative Adjudicator, per day as the violation exists.
D. Compliance: Upon a finding of compliance with any Village ordinance after the conclusion of an administrative hearing, the Hearing Officer is empowered to waive any fines previously imposed and require the payment of court costs in an amount not to exceed twenty five dollars ($25.00).
E. Fines And Penalties Established: For violation of any Village ordinance other than a violation regarding traffic, fines and penalties shall be as established from time to time by the Mayor and Village Council. (Ord. 1761, 8-24-2016)