A. At the conclusion of a hearing, the hearing officer shall make a determination, on the basis of the relevant and competent evidence presented at the hearing, whether or not a code or ordinance violation exists. The determination shall be in writing and shall be designated as findings, decision and order. The findings, decision and order shall include the hearing officer’s findings of fact, a decision whether or not a code or ordinance violation exists based upon the findings of fact, and an order.
B. If a violation is found, the order shall impose a fine and costs and may direct the defendant to correct the violation and/or impose such other sanction as may be appropriate as allowed by law consistent with Village ordinance; set a date by which the violation must be brought into compliance, if applicable. The order shall contain a statement of the penalties for late payment and that any unpaid fines, costs, and penalty assessed is a debt due and owing the Village after the exhaustion of, or the failure to exhaust judicial procedures for review. In the case in which a defendant fails to comply with a judgment ordering the correction of a code violation or imposing any fine or other sanction as a result of the code violation, the order shall provide that any expenses incurred by the Village to enforce the judgment, including, but not limited to, attorney fees, costs, and costs related to property demolition or foreclosure, shall be a debt due and owing the Village and may be collected in accordance with applicable law. If a violation is not found, the order shall include a statement to that effect and dismiss the case. A copy of the findings, decision and order shall be served on the owner within five days after issuance by first class mail.
C. A notice of judgment entered by default shall be forwarded to any person who fails to appear and shall contain the same information as a determination of liability but shall also state that the judgment may be set aside by the hearing officer if, within twenty-one (21) days of issuance of the judgment, a petition is received stating what the hearing officer determines is good cause for failure to appear. The default judgment shall state that it constitutes a final determination of liability if such petition is not received, if the petition is denied, or after setting a new hearing date, the person fails to appear.
D. The hearing officer shall not have the authority to impose a penalty of incarceration or impose a fine in excess of seven hundred and fifty dollars ($750.00) for each violation except for those offenses under 625 ILCS 5/11-208.3 which shall carry a maximum fine of five hundred dollars ($500.00). When applicable, however, each day a code provision is found to have been violated by the defendant shall constitute a separate offense, and each separate offense subjects the defendant to the fine and penalty provided by the governing fine or penalty provision. Any fine assessed is exclusive of any costs imposed. In all cases where there is a determination of liability by the hearing officer, the hearing officer shall impose administrative costs (i.e., court costs) in the amount of twenty-five dollars ($25.00) or greater.
E. In addition, and notwithstanding any fines and administrative costs, the hearing officer may order:
1. Costs incurred by the Village for effecting compliance with code provision(s) for which a defendant has been found to be liable;
2. Compliance with the code provision(s) found to have been violated; and
3. Performance of a term of community service in lieu of fines.
F. For all vehicular standing, parking or compliance regulation violation, there shall be a second notice sent following a failure to appear at the hearing. In addition, a notice of final determination shall be sent following an appearance by the violator and a determination of liability or the failure to appear by the violator by the final hearing date upon conclusion of any judicial review. The notice shall contain, but not be limited to, the following information:
1. The date and location of violation cited in the vehicular standing, parking or compliance regulation violation notice;
2. The particular standing, parking or compliance regulation violated;
3. The vehicle make and state registration;
4. The fine, court costs, and any penalty that may be assessed for late payment;
5. A notice to the registered owner or lessee of their current status, other than paid in full;
6. The date, time and place of the administrative hearing at which the alleged violation may be contested on its merits if the individual failed to appear at his or her first hearing date;
7. A statement that failure to either pay the fine and any applicable penalty or failure to appear at the hearing on its merits on the date and at the time and place specified will result in a final determination of vehicle standing, parking, or compliance regulation violation liability for the cited vehicle violation in the amount of the fine and penalty indicated as well as court costs;
8. If a final determination occurs, a statement that a final determination of vehicular standing, parking or compliance violation liability for the failure, and the exhaustion of, or the failure to exhaust judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the Village;
9. A warning that failure to pay the fine and any penalty due and owing the Village within the time specified may result in the Village filing a complaint in the circuit court to have the unpaid fine or penalty rendered a judgment as provided herein; and
10. A warning that failure to pay the fine or penalty owing within forty-five (45) days of the date of the notice may result in the Village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under 625 ILCS 5/6-306.5 if they have failed to pay any fine or penalty due and owing as a result of ten (10) or more vehicular standing, parking or compliance regulation violations.
G. A notice of impending suspension of a person’s driver’s license shall be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on ten (10) or more vehicular standing, parking, or compliance regulation violations. The notice shall state that the failure to pay the fine or penalty owing within forty-five (45) days of the date of the notice will result in the Village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under 625 ILCS 5/6-306.5. The notice of impending driver’s license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State.
H. Notices shall be sent to the registered owner of the cited vehicle at the address as is recorded with the Secretary of State or sent to the lessee of the cited vehicle at the address last known to the lessor of the cited vehicle at the time of the lease by first class mail, postage prepaid.
I. Notices not related to vehicular standing, parking or compliance regulations shall be sent to the last known address of the individual by first class mail, postage prepaid. (Ord. 2021-002, 10-25-2021)