(A) An original warning notice regarding each ordinance violation to be enforced under this chapter shall be issued by the persons authorized under this chapter, except as otherwise hereinafter set forth, and except that all vehicle impoundment matters shall be subject to the hearing notice provisions set forth in § 81.251 of this Code. The original warning notice shall describe the offending conduct and shall contain at least the following information:
(1) The date and place of the violation, including a description of the activity or conduct alleged to constitute the violation or the underlying facts giving rise to the violation;
(2) The particular ordinance violated/violation charged;
(3) The vehicle make and state registration number, if applicable;
(4) The name, village department and position, and badge/identification number of the person issuing the notice;
(5) A date by which the violation shall be brought into compliance, which date shall be established as hereinafter provided, subject to the potential extension of such date as hereinafter provided, and a statement that after such compliance date, further enforcement action with respect to such violation shall only be avoided by (i) the payment to the village of a fine of $50 and (ii) the abatement of the violation and presentation to the village of an affidavit and agreement of compliance and hearing waiver with respect to such violation;
(6) The name and address of the person or entity responsible for the alleged ordinance violation(s), except that the name of such person or entity may be omitted from any warning notice being served by posting upon the property as permitted by § 42A.10(B)(3);
(7) A statement advising that payment of the specified fine, and the submission of an affidavit and agreement of compliance and hearing waiver shall result in the dismissal of any scheduled administrative adjudication hearing on the alleged violation provided that the payment, affidavit and waiver are received by the village not less than 14 calendar days prior to any scheduled administrative adjudication hearing date, and provided further, that the village reserves the right in all cases to investigate and verify compliance and all matters presented in an affidavit and agreement of compliance, and to reject any affidavit and agreement of compliance or purported compliance efforts in any case where such investigation reveals the same to be incomplete, inaccurate, false or misleading;
(8) A statement advising that the failure to make payment of the specified fine, abate the violation and to submit an acceptable affidavit and agreement of compliance and hearing waiver not less than 14 calendar days prior to any scheduled administrative adjudication hearing date shall result in the conduct of an administrative adjudication hearing on the matter in accordance with this chapter. Notwithstanding the foregoing, information on original warning notices issued by the village and intended to be affixed to an unlawfully parked, unlawfully standing or noncompliant vehicle or handed to the operator thereof shall be limited to the items set forth above in divisions (A)(1) through (A)(5) of this section.
(B) Service of any original violation warning notice pursuant to this chapter shall be made by:
(1) Handing the notice to the person responsible for the ordinance violation;
(2) Handing the notice to any person 13 years of age or older at the residence of the person responsible for the ordinance violation and mailing the warning notice by certified mail, return receipt requested, to that person;
(3) Posting the warning notice upon the property where the violation is found when the person responsible for the violation is the owner, occupant or manager of the property; or
(4) For parking, standing, or vehicle compliance warning notices, by affixing the original or a facsimile of the warning notice to the unlawfully parked, unlawfully standing or noncompliant vehicle or by handing the warning notice to the operator of the vehicle if present; or
(5) By any other methods permitted under the Illinois Code of Civil Procedure or the Illinois Municipal Code.
(C) All full-time police officers, all Code Enforcement Officers, and the Animal Warden, as well as other individuals authorized by the Chief of Police from time to time shall have the authority to issue ordinance violation warning notices under this chapter; without limiting the generality of the foregoing, employees of the Village Department of Community Development shall be authorized to issue ordinance violation warning notices under this chapter for violations arising under Chapters 92, 93 and 150 of this Code, and for violations arising under Chapter 151 not involving single-family residential properties. Any individual authorized to issue warning notices and who detects an ordinance violation is authorized to issue a warning notice thereof and shall make service thereof in the manner set forth in this chapter.
(D) Unless otherwise provided for under the Code, upon failure of the person responsible for the ordinance violation under this chapter to pay any applicable fee, fine or penalty and submit an acceptable affidavit and agreement of compliance and hearing waiver within the time set forth in the original warning notice or within any extension of such time granted by the village as contemplated by this chapter, the village shall proceed to schedule and/or conduct an administrative adjudication hearing on the alleged ordinance violation as set forth in § 42A.11.
(E) The correctness of facts contained in any warning notice shall be verified by the person serving the notice by signing his name to the notice at the time of issuance of the warning notice.
(F) The original or a facsimile of each warning notice shall be retained by the village and kept as a record in the ordinary course of business.
(G) Any warning notice or any hearing notice issued, signed, and served in accordance with this chapter, or a copy of the notice, shall be prima facie correct and shall constitute prima facie evidence of the correctness of the facts shown on the notice.
(H) The provisions of this section shall apply to all warning notices issued prior to the potential initiation of administrative hearings under this chapter.
(I) Compliance dates in warning notices and extensions thereof. Code Enforcement Officers shall have the discretion to establish the date in any warning notice by which an ordinance violation shall be brought into compliance, and to authorize extensions of such compliance dates in cases where the person or entity receiving the warning notice has made reasonable progress toward achieving compliance, or where circumstances beyond the reasonable control of such person or entity exist that hinder, prevent or delay the ability of such person or entity to achieve compliance or reasonable progress toward compliance. In establishing any compliance date included within a warning notice or in evaluating potential or requested extensions of any previously established compliance date, including requests for continuances of administrative hearings as contemplated by § 42A.15, Code Enforcement officers shall consider the following factors:
(1) Time of year/weather conditions, for violations requiring outdoor corrective action;
(2) Time period required to retain a contractor and/or obtain necessary equipment, materials or supplies;
(3) Health conditions or disability status of the person responsible for a violation;
(4) Extent to which any violation threatens the health, safety and welfare of the public, and the immediacy and severity of any such threat;
(5) Financial ability of or resources available to the person or entity to support efforts to achieve compliance;
(6) Any other personal or family circumstances affecting a person’s ability to achieve compliance; and
(7) The number and length of any previous extensions to an established compliance date previously granted to a person or entity.
Notwithstanding the foregoing, the initial compliance date for any violation of § 93.60 or 93.61 of the Village Code, or any violation of § 302.4 of the International Property Maintenance Code as adopted by Chapters 150 and 151 of this Code shall be three days from the date of the notice of violation, provided, however, that any extension of such date shall be evaluated and considered in light of the factors set forth above.
(J) Notwithstanding any contrary provision of this section, the provisions of this section shall only require the issuance and service of a warning notice in cases where the nature of the violation is such that it is capable of being abated by the action of the party responsible for such violation (i.e., violations that exist as of the date of the warning notice and which will continue to exist absent the taking of the corrective action necessary to bring the same into compliance. In any case where a violation occurs that is within the scope of ordinance provisions/violations set forth in Appendix A to this chapter, but which is not by its nature a continuing violation, a Code Enforcement Officer shall have the authority and discretion to proceed directly to the issuance of a hearing notice under § 42A.11 without the prior issuance of a warning notice. Additionally, in any case where the party responsible for a violation has previously received two or more warning notices within any given one-year period, a Code Enforcement Officer shall likewise have the authority and discretion to proceed directly to the issuance of a hearing notice under § 42A.11 without the prior issuance of a warning notice, and provided further, however, that notwithstanding any other contrary provision of this chapter, any such hearing notice may provide (i) that the recipient of the hearing notice under such circumstances (i.e., without the prior issuance of a warning notice) shall be required to appear for a hearing on the matter at the date and time set forth in the hearing notice, and shall not have the option to compromise or resolve the matter without a hearing as otherwise provided for in this chapter, or alternatively (ii) that the recipient of the hearing notice under such circumstances (i.e., without the prior issuance of a warning notice) shall have the option to avoid the conduct of a hearing as set forth in § 42A.11.
(Ord. 17-1382, passed 6-21-17; Am. Ord. 19-1570, passed 5-15-19; Am. Ord. 23-1855, passed 6-21-23)