(A) Any fine, other sanction or costs imposed, or part of any fine, other sanction or cost imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the State Administrative Review Law, being ILCS Ch. 735, Act 5, §§ 3-101 et seq., are a debt due and owing the village and may be collected in accordance with applicable law.
(B) Failure of the defendant to pay the fine or penalty after the exhaustion of or the failure to exhaust judicial review procedures under the State Administrative Review Law, being ILCS Ch. 735, Act 5, §§ 3-101 et seq., may result in, if applicable:
(1) The immobilization of the person’s vehicle for failure to pay fines or penalties for five or more parking violations; and
(2) The suspension of the person’s driver’s license for failure to pay fines or penalties for ten or more parking violations.
(C) After expiration of the period in which judicial review under the State Administrative Review Law, being ILCS Ch. 735, Act 5, §§ 3-101 et seq., may be sought for a final determination of an ordinance violation, unless stayed by a court of competent jurisdiction, the findings, decision and order of the Hearing Officer may be enforced in the same manner as a judgement entered by a court of competent jurisdiction.
(D) (1) In any case in which a defendant has failed to comply with a judgement ordering that defendant to correct an ordinance violation or imposing any fine or other sanction as a result of an ordinance violation, any expenses incurred by the village to enforce the judgement entered against that defendant, including, but not limited to, attorney’s fees, court costs and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a Hearing Officer, shall be a debt due and owing the village and may be collected in accordance with applicable law.
(2) Prior to any expenses being fixed by the Hearing Officer pursuant to this division (D), the Code Administrator shall serve a notice to the defendant that states that defendant shall appear at a hearing before the Hearing Officer to determine whether the defendant has failed to comply with the judgement. The notice shall set forth the date for the hearing, which shall not be less than seven days from the date service is effective.
(E) Upon being recorded in the manner required by Article XII of the Illinois Code of Civil Procedure (ILCS Ch. 735, Act 5, §§ 1-101 et seq.), or by the Uniform Commercial Code (ILCS Ch. 810, Act 5, §§ 1-101 et seq.), a lien shall be imposed on the real estate or personal property, or both, of the defendant in the amount of any debt due and owing the village under this subchapter. The lien may be enforced in the same manner as a judgement lien pursuant to a judgement of a court of competent jurisdiction.
(F) (1) The Hearing Officer may set aside any judgement entered by default and set a new hearing date, upon a petition filed by the defendant within 21 days after the issuance of the order of default, if the Hearing Officer determines that the defendant’s failure to appear at the hearing was for good cause, or at any time if the defendant establishes, by a preponderance of the evidence, that the village did not provide proper service of process. In addition, for the purpose of motor vehicle violations, the grounds for the petition may include:
(a) The person not having been the owner or lessee of the cited vehicle on the date the parking violation notice was first issued; or
(b) The person having already paid the fine or penalty for the parking violation in question.
(2) If any judgement is set aside pursuant to this division (F), the Hearing Officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the village as a result of the vacated default judgement. The petitioner shall appear with appropriate evidence, so that if the petition is granted, he or she is prepared to proceed immediately with a hearing on the merits.
(Ord. 03-13, passed 5-13-2003)