(A) Citation; Use For Certain Violations: Any person accused of violating any of the following designated provisions of this Code may be issued a citation or, where applicable, an administrative violation notice without the filing of a complaint in court against him for such violation:
Violation of use of Village Seal, Village logos or Village flag as provided in section 1-12-7 of this title.
Violation of Fire Department restrictions as provided in section 2-13-15 of this Code.
Violation of public park and recreation area restrictions as provided in section 2-16-6 of this Code.
Violation of license or permit requirements as provided in section 3-1-8 of this Code.
Violation of alcoholic liquor restrictions as provided in section 3-2-12 of this Code.
Violation of bowling alley rules and regulations as provided in section 3-5-7 of this Code.
Violation of burglar alarm system regulations as provided in section 3-6-17 of this Code.
Violation of catch basin cleaning regulations as provided in section 3-7-6 of this Code.
Violation of Christmas tree sale regulations as provided in section 3-8-7 of this Code.
Violation of solicitation restrictions as provided in section 3-16-8 of this Code.
Violation of building rules and regulations as provided in section 4-1-14 of this Code.
Violation of sign regulations as provided in section 4-3-12 of this Code.
Violation of property maintenance regulations as provided in section 4-11-1 of this Code.
Violation of fire alarm system regulations as provided in section 5-4-5 of this Code.
Violation of public park restrictions as provided in section 6-1-14 of this Code.
Violation of weed growth restrictions as provided in section 6-1-17 of this Code.
Violation of graffiti restrictions as provided in section 6-1-23 of this Code.
Violation of tobacco and e-cigarette sales restrictions as provided in section 6-1-24 of this Code.
Violation of truancy regulations as provided in section 6-1-26 of this Code.
Violation of animal regulations as provided in section 6-2-9 of this Code.
Violation of dog licensing and regulations as provided in section 6-3-15 of this Code.
Violation of curfew regulations as provided in section 6-4-5 of this Code.
Violation of garbage and refuse regulations as provided in section 7-2-11 of this Code.
Violation of open burning regulations as provided in section 7-8-3 of this Code.
Violation of damaging sidewalks restrictions as provided in section 8-2-21 of this Code.
Violation of park and parkway planting restrictions as provided in section 8-5-10 of this Code.
Provided, however, that the use of citations and/or administrative violation notices without the filing of a complaint in court shall not be used for any of the above listed violations where the person accused of violating such provisions has previously been cited for violating the same provision twice within the previous twelve (12) months. (Ord. 2161, 9-16-1996; amd. Ord. 2197, 8-18-1997; Ord. 2484, 2-17-2004; Ord. 2501, 6-21-2004; Ord. 2537, 10-3-2005; Ord. 2767, 5-2-2011; Ord. 2883, 10-15-2015; Ord. 2916, 7-21-2016)
(B) Citation Procedure: In lieu of filing a complaint in court, the proper police officer or other designated officer may employ the following citation procedure in full settlement, compromise and disposition of any claimed violation of any of the above cited provisions of this Code:
1. Said citations shall be in a form suitable for mailing, shall state the specific section of this code that was violated, and shall inform the alleged violator that he may avoid appearance in court for such violation by payment of the amount specified below in full settlement of his liability for such violation.
2. Payment shall be due on or before a date set forth in the citation and not exceeding thirty (30) days from the date the violation was committed. Such payment shall be made at the police department during normal business hours, either in person or by mailing the envelope portion of the citation, and a receipt shall be issued for all such payment so received. The payment so received shall be forwarded to the village treasurer for deposit in the proper village fund.
3. In the event that no payment is received during the period set forth in the citation or in a subsequent final notice, if one is issued, then the issuing police officer or other designated officer shall cause a notice to appear to be served upon the alleged violator and shall file a complaint and prosecute the same in the circuit court of Cook County.
4. Liability of any person for a violation specified in a citation issued pursuant to the provisions of this section may be settled upon payment to the village of the amount specified for such violation in the following schedule:
(a) Where payment is made on or before the due date set forth in the citation, the amount shall be twenty five dollars ($25.00).
(b) Where payment is made during the additional period set forth in the final notice, the amount shall be fifty dollars ($50.00).
(c) Where payment is not made within the period set forth in subsections (B)4(a) and (B)4(b) of this section, the person or persons liable therefor shall be subject to a fine as prescribed in section 1-4-1 of this chapter, to be determined by the circuit court of Cook County.
(C) Administrative Violation Notice: Whenever permitted by law, the proper police officer or other designated officer may employ the administrative violation notice procedure as provided in title 9, chapter 6 of this code rather than the citation procedure with respect to the violations set forth in subsection (A) of this section, or in other ordinances or regulations of this village. (Ord. 2161, 9-16-1996)
(D) Alternative Citation Procedure For Certain Violations: As an alternative to the citation procedure available under subsection (A) of this section, except where other code provisions govern, the designated officer may elect to proceed as follows for the citation and prosecution of violations of the village's property maintenance and building codes:
1. An initial notice of violation shall be sent by certified mail to the taxpayer or owner of record (hereinafter "owner") of property cited for code violations advising of the specific code violations and allowing the owner thirty (30) days from receipt of the notice to correct the violation(s) or submit to the officer a plan for compliance. Any such plan submitted is subject to the officer's approval.
2. If the owner fails to respond to the initial notice as required within the specified time period, a warning letter shall be sent to the owner allowing thirty (30) additional days from receipt of the warning to correct the violation(s).
3. Failure to take appropriate action following the warning will result in the issuance of an initial violation ticket in the fine amount of two hundred fifty dollars ($250.00). The owner shall have the option of paying the fine or appearing in the circuit court to contest the citation. Payment of the fine shall not relieve the owner of the duty to correct the violations, and corrective action satisfactory to the officer shall be completed within thirty (30) days from the date the ticket is issued, or such other later date as the court may order in the event the owner contests the citation.
4. Failure of owner to respond as required to the initial violation ticket shall result in the issuance to owner of a second violation ticket in the fine amount of five hundred dollars ($500.00). The owner shall have the option of paying the fine or appearing in the circuit court to contest the citation. Payment of the fine shall not relieve the owner of the duty to correct the violations, and corrective action satisfactory to the officer shall be completed within thirty (30) days from the date the ticket is issued, or such other later date as the court may order in the event the owner contests the citation.
5. Failure of owner to respond as required to the second violation ticket shall result in the arrest of the owner by means of legal process for the offense of a misdemeanor pursuant to complaint as provided in section 1-2-1 of the Illinois municipal code, 65 Illinois Compiled Statutes 5/1-2-1, which provides for incarceration for a period not to exceed six (6) months.
6. Nothing contained in this section shall be deemed a limitation on the authority of the Village to seek from the court additional fines against owner and in the maximum amount for each day the cited violations continue, and/or other remedies, all as authorized by law. (Ord. 2412, 6-17-2002)