(A) Any responsible party who receives a statement of costs assessed pursuant to this chapter may appeal any or all of the amount shown on the statement by filing a written appeal with the Village Manager within 14 calendar days of the date of the statement of costs. The appeal must be accompanied by a written explanation as to all of the reasons why the full amount on the statement should not be charged to the person and why the responsible party believes the costs assessed pursuant to this chapter should be modified. Any reason, basis or argument for a modification of the assessed costs not set forth in the written appeal shall be deemed waived by the responsible party. Failure to file a written appeal within 14 days of the date of the statement of assessed costs shall constitute a waiver of the responsible party's right to appeal and to appear before the Village Manager.
(B) Upon receipt of an appeal, the Village Manager shall review the appeal and schedule a hearing with the responsible party to discuss the appeal within a reasonable time after receipt of the appeal.
(C) At the appeal hearing, the responsible party shall have the opportunity to address the Village Manager regarding the written appeal and the request that the village modify the assessed costs. The responsible party shall be limited, in addressing the Village Manager, to those reasons and bases set forth in the responsible party's written appeal and have the burden of proving, by a preponderance of relevant facts, that the determination appealed from is erroneous in whole or in part. The Village Treasurer and the department head from the department from which the costs originated shall have the opportunity to participate in the hearing and to address the Village Manager to explain the process by which the assessed costs were determined and allocated. The Village Manager, after hearing the responsible party and the Treasurer and department head, shall review the assessed costs and make a final determination regarding the costs assessed to the responsible party. The Village Manager shall undertake such additional investigation or fact finding as he or she deems necessary.
(D) On appeal of a determination of assessed costs, the Village Manager shall, within a reasonable time, reverse, affirm or modify the determination appealed from. If the Village Manager determines that the person is not liable for any or all of the expense of the response or that the payment of the costs will impose an undue hardship, the Village Manager may waive any or all of the costs. The decision of the Village Manager shall be final when made. The Village Treasurer shall then send a statement of assessed costs to the responsible party, by first class mail, to the last known address of the responsible party. The assessed costs shall be due and payable 30 days from the date of that statement. If the responsible party fails to pay the assessed costs within those 30 days, the village shall have available to it all remedies available under division (E) below.
(E) If a statement of costs is not paid in full or appealed within 30 days of the date of the statement, or paid in full within 30 days of the denial or partial denial of an appeal, the village, to the extent allowed by applicable law, may pursue any responsible party under one or more of the divisions below.
(1) The Village Manager may authorize the Village Attorney to commence a civil action to recover the costs, plus a late payment penalty, as adopted by the Village Board and listed in the Comprehensive Fee Schedule (Tinley Park Code of Ordinances, Table of Special Ordinances, Table XI), together with attorneys’ fees and any other costs allowed by law.
(2) The Village Treasurer may place the charges for collection with a collection agency designated by the village.
(3) In cases where services have been rendered to real or personal property in the village, or the owner of real or personal property in the village, the charges shall constitute a lien on the property. The Village Treasurer shall file or cause to be filed a notice of lien within two years after such charges are incurred, which notice of lien shall be recorded with the appropriate County Recorder of Deeds.
(4) Nothing in this section shall preclude the village from seeking to collect any debt due the village through the use of any other administrative procedure, collection action or court proceeding authorized by law.
(F) Any monies collected pursuant to this chapter shall be supplemental to other methods of financing emergency responses, including but not limited to budget appropriations, ad valorem taxation, grants, and other sources permitted by law.
(Ord. 2012-O-054, passed 11-20- 12; Am. Ord. 2019-O-081, passed 12-17-19)