(A) Whenever any property is in violation of any village ordinance, law, housing or building code or zoning ordinance that establishes construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards that are applicable to structures in the village or any village ordinance that requires, after notice, the cutting of weeds, the removal of garbage and debris, the removal of inoperable motor vehicles, or the abatement of nuisances from private property, the owner shall be prima facie responsible for the violation and subject to the penalty therefor.
(B) Whenever any property is determined by a Code Enforcement Officer to be in violation of any village ordinance, law, housing or building code or zoning ordinance that establishes construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards that are applicable to structures in the village or any village ordinance that requires, after notice, the cutting of weeds, the removal of garbage and debris. the removal of inoperable motor vehicles, or the abatement of nuisances from private property, the Code Enforcement Officer or other designated member of the Community Development Department or other person designated by the Code Administrator observing such violation may issue a violation notice, and serve the notice on the owner of the property by leaving it with any adult occupant of the property, by affixing it to the entrance to the property in a conspicuous place, or by certified mail, return receipt requested.
(1) The issuer of the notice shall:
(a) Specify on the notice:
1. The particular Code provision allegedly violated;
2. The common address of the property; and
3. The specific location on the property, as well as the date, time and nature of the alleged violation observed;
4. The amount of the fine sought by the village (said amount being determined in accordance with division (G) of this section);
5. A statement that failure to correct the condition complained of following a determination of liability by an administrative hearing officer and the exhaustion of or failure to exhaust judicial review under the Judicial Review Law, may result in the village seeking to enjoin the violation(s) with further legal proceedings or cause such violation(s) to be summarily abated; and
(b) Certify the correctness of the specified information.
(2) The foregoing shall not relieve the Code Administrator from the duties set forth above with respect to scheduling a hearing on such alleged violation and providing notice thereof.
(C) It shall be unlawful for any person, other than the owner of the property, or his or her designee, to remove the violation notice affixed to the entrance pursuant to this chapter.
(D) (1) The Code Administrator shall distribute the record of disposition of all violation notices pertaining to property to the Director of Community Development.
(2) The Director of Community Development shall:
(a) Be responsible for the distribution of the notice forms within the Community Development Department;
(b) Maintain a record of each set of notices assigned to individual Code Enforcement Officers.
(E) The Code Administrator shall compile and maintain complete and accurate records relating to all violation notices issued and the dispositions thereof, whether by payment of the fine or by final determination of the Hearing Officer.
(F) A person cited for a violation may satisfy the violation at any time prior to hearing by bringing the property into compliance and paying the full amount of the fine sought by the village as set forth on the face of the violation notice. Paying the fine prior to hearing shall constitute a stipulation and admission that the violation existed and the village shall maintain a record of such violation for two years.
(G) Upon a determination by the Hearing Officer that a violation of the Village Code of Ordinances related to property has occurred, the Hearing Officer shall request and be provided with evidence of any prior violations of the same Code provision found to have existed for the same property. Subject to the authority granted in § 32.53(A)(4)(e) to reduce or increase fines where evidence of aggravating or mitigating circumstances is presented, the Hearing Officer shall, for the first, second or third such violation within a 24-month period, impose a fine of no less than $50 and no more than $150. For the fourth and every subsequent such violation within a 24-month period, the Hearing Officer shall enter an order imposing the following schedule of per diem fines calculated from the date of the citation which became the fourth violation until the date of compliance:
Days | Residential Property (per day) | Non-Residential Property (per day) |
1–14 | $50 | $75 |
15–30 | $75 | $150 |
31+ | $100 | $300 |
(H) The Hearing Officer shall further include in any such order a provision that the matter remain open for final determination of the fine and amount due. The notice of compliance issued by the village shall constitute prima facie evidence of when the property has been brought back into compliance; however, the Hearing Officer may consider all competent and relevant evidence proving earlier compliance.
(I) The Hearing Officer, in accord with § 32.53(A)(4)(e) shall impose an assessment of enforcement costs whenever a violation is determined at hearing to have occurred.
(J) Upon a determination by the Hearing Officer that a fourth violation of the Village Code of Ordinances related to property has occurred within a 24-month period, and upon the passage of 35 days without an appeal of said determination being taken to the Circuit Court, the Director of Community Development may refer all outstanding uncollected fines pertaining to that same property to the Village Attorney for entry of judgment by the Circuit Court on all findings, decisions, and orders entered against said property for collection through imposition of a judicial lien.
(Ord. 2006-53, passed 11-20-06; Am. Ord. 2007-53, passed 9-4-07; Am. Ord. 2010-41, passed 7-6-10; Am. Ord. 2012-56, passed 12-3-12; Am. Ord. 2018-15, passed 4-16-18)