(A) When a full time, part time or auxiliary police officer, community service officer, code enforcement officer or inspector, or other individual specifically authorized by any village official or village department to issue a municipal ordinance violation notice finds a municipal ordinance violation to exist, he or she shall note the violation on a multiple copy violation notice and report form that shall include, but shall not be limited to:
1. The name and address of the party violating the ordinance, if known, or the property owner for a building code violation;
2. The type and nature of the violation;
3. The date and time the violation was observed;
4. The names of the witnesses of the violation;
5. The fine and penalty which may be assessed for late payment;
6. The date, time and location of the hearing;
7. The signature and identification number of the person issuing the notice;
8. The legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing; and
9. In the case of a building code violation or other property related violation, the address of the property where the violation is observed.
(B) The correctness of facts contained in any ordinance violation notice shall be verified by the person issuing the 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, signing a single certificate, to be kept by the ordinance enforcement administrator, attesting to the correctness of all notices produced by the computer while under his/her control.
(C) The violation report form shall be forwarded to the ordinance enforcement department where a docket number shall be stamped on all copies of the report and a hearing date shall be noted in the blank spaces provided for that purpose on the form.
(D) Hearings shall be scheduled with reasonable promptness, provided that for hearings scheduled in all non-emergency situations, if requested by the defendant, the defendant shall have at least 15 days after service of process to prepare for a hearing. For purposes of this subsection ( D), “ non-emergency situation” means any situation that does not reasonably constitute a threat to the public interest, safety, or welfare. If service is provided by mail, the 15-day period shall begin to run on the day that the notice is deposited in the mail.
(E) One copy of the violation report form shall be maintained in the files of the ordinance enforcement department and shall be part of the record of hearing.
(F) One copy of the report form shall be returned to the individual representing the village in the case so that he or she may prepare evidence of the municipal ordinance violation for presentation at the hearing on the date indicated.
(G) One copy of the report form shall be served by first class mail to the alleged violator along with a summons commanding the alleged violator to appear at the hearing.
(H) Service of a violation notice is required to be made as follows:
1. Handing the notice to the person responsible for the violation;
2. Leaving the notice with any person 13 years of age or older at the residence of the responsible person, and informing that person of the contents of the summons, provided the person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode;
3. Service on corporations or partnerships must be in accordance with the Illinois Code of Civil Procedure ( 735 ILCS 5/2-201 et seq.);
4. Mailing the notice by certified mail, return receipt requested, to the last known address of record of the individual/ entity or his, her or its registered agent; or
5. Posting the notice upon the property where the violation is found when the person alleged to have committed the violation is the owner, manager or tenant of the property, and serving the owner/ manager or agent therefor.
6. In the case of a building code violation only, service may be made on the owner by mailing the report and summons to the property owner’s address registered with the village.
7. In the case of a building code violation only, if the name of the property owner 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 violation report form on the front door of the structure where the violation is found, not less than fifteen (15) days before the hearing is scheduled.
(I) Any municipal ordinance 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 and shall be admissible in any subsequent administrative or legal proceeding. (Ord. 2830, 11-7-2013; amd. Ord. 4090, 3-7-2024)