A. Enforcement - Upon expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a Village 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.
B. Court Costs, Attorneys' Fees and Costs of Collection - In any case in which a person has failed to comply with a Hearing Officer's judgment ordering the correction of a Village Code violation or imposing any fine or other sanction as a result of a Village Code violation, any expenses incurred by the Village to enforce the judgment, including, but not limited to, attorneys' fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or by the Hearing Officer shall be a debt due and owing the Village and may be collected in accordance with applicable law.
1. Prior to any expenses being fixed by the Hearing Officer pursuant to this subsection, the Village shall provide notice to the person that states that the person shall appear at a hearing before the Hearing Officer to determine whether the person has failed to comply with the judgment. The notice shall set the date for such hearing, which shall not be less than seven (7) days from the date that notice is served. If notice is served by mail, the seven (7) day period shall begin on the date the notice was deposited in the mail.
2. Upon being recorded in the manner required by Article 12 of the Code of Civil Procedure (735 ILCS 5/12-101 et seq.) or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the person in the amount of any debt due and owing the Village under this Section. The lien may be enforced in the same manner as a judgment lien would be enforced in a court of competent jurisdiction.
3. Release of a Recorded Memorandum of Judgment. Any memorandum of judgment, recorded pursuant to Section B.2. above, may be released upon payment to the Village of the judgment amount and, subject to obtaining the approval of the hearing officer in accordance with Section B.1. above, payment of the amount expended by the Village to record the memorandum of judgment, the amount that will be expended by the Village to record the release (satisfaction) of judgment, and a fee of five hundred and no/100 dollars ($500.00) to cover the Village's administrative costs and expenses, including legal fees, in preparing and recording the memorandum of judgment and the release (satisfaction) of judgment.
C. Attorney and Collection Agent Fees - In the event a fine or penalty is assessed pursuant to the provisions of this Chapter, a default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. The Village and the Village attorney or the Finance Director or their designees may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty imposed by this Chapter, or any installment of any fine or penalty. Any fees or costs incurred by the Village with respect to attorneys or private collection agents retained by the Village shall be charged to the offender.
(Amd. Ord. 5052, 12-21-15)