A. Any fine, other sanction or costs imposed or part of any fine, other sanction or costs imposed remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the administrative review law 1 shall be a debt due and owing the city and, as such may be collected in accordance with applicable law.
B. After expiration of the period within which judicial review under the administrative review law may be sought for a final determination of the 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 judgment entered by a court of competent jurisdiction.
C. In any case in which a defendant has failed to comply with a judgment ordering said 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 city to enforce the judgment, including, but not limited to, attorney fees, court costs and lien foreclosure costs, after they are fixed by a court of competent jurisdiction or by the hearing officer, shall be a debt due and owing the city and may be collected in accordance with applicable law. Prior to any expenses being fixed by the hearing officer pursuant to this section, the city shall provide notice to the defendant that states that the defendant shall appear at a hearing before the hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a hearing, which shall not be less than seven (7) days from the date that notice is served. If notice is served by mail, the seven (7) day period shall begin to run on the date that the notice was deposited in the mail.
D. In addition to any other legal remedies, upon being recorded in the manner required by article XII of the code of civil procedure or the uniform commercial code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the city under this section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
E. The hearing officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within twenty one (21) days after the issuance of the order of default, if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the city did not provide proper service of process. If any judgment is set aside pursuant to this subsection, the hearing officer shalt have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the city as a result of the vacated default judgment. (Ord. 2742, 9-17-2012)
Notes
| 1 | 1. 735 ILCS 5/3-101 et seq. |