A. Enforcement of Fines. All fines and other moneys to be paid to the Village in accordance with this chapter shall be remitted to the Village and deposited in the appropriate Village account as designated by the Village Manager.
B. Compliance Bond.
1. In order to ensure that violations are remedied in a timely manner, the Administrative Hearing Officer, upon issuing a determination of liability that includes an order of compliance, will have the authority to order the defendant in the case to obtain a bond ("Compliance Bond") to ensure defendant's timely compliance in correcting the violation. Any Compliance Bond ordered pursuant to this subsection B shall name the Village as a beneficiary and shall be in the amount specified by the Administrative Hearing Officer, provided that the amount of the Compliance Bond is to be reasonably related to the cost of compliance. If the defendant fails to remedy in a timely manner the violation for which a Compliance Bond has been ordered and issued, and the Village thereafter undertakes remediation or otherwise expends funds related to the violation for which a Compliance Bond has been ordered and issued, the Administrative Hearing Officer, after giving the parties notice and an opportunity to be heard, as provided in subsection F of this section, may issue an order permitting the Village to draw against the Compliance Bond in an appropriate amount, not to exceed the remediation costs incurred by the Village. Upon proof of compliance, the Administrative Hearing Officer will order the Compliance Bond amount, less the reasonable costs incurred by the Village, returned to the defendant.
2. In the event a defendant ordered to secure a Compliance Bond as provided by this subsection B, seeks judicial review of the portion of the Administrative Hearing Officer's order requiring a Compliance Bond and prevails on that issue, the Village, within thirty (30) days after receiving a copy of the reviewing court's mandate, shall release the Compliance Bond and shall refund to the defendant the total amount the Village drew against the Compliance Bond.
C. Expiration of Judicial Review Period. After expiration of the period that judicial review under the Illinois Administrative Review Law may be sought, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the Administrative Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
D. Liability for Village Enforcement Expenses. If the defendant fails to comply with a judgment that orders the defendant to correct a violation or that imposes any fine or other sanction, any expenses incurred by the Village to enforce the judgment entered against that defendant, including without limitation, administrative costs, attorney's fees, court costs, and costs related to property demolition or foreclosure (collectively "Enforcement Expenses"), after they are fixed by a court of competent jurisdiction, or by an Administrative Hearing Officer in accordance with subsection F of this section, shall be a debt due and owing the Village and may be collected in accordance with applicable law, including without limitation, drawing against any Compliance Bond.
E. Lien on Property. In addition to all other enforcement actions set forth in this Chapter, the Administrative Hearing Officer, after providing the notice and opportunity to be heard as provided in subsection F of this section, shall have the authority to impose a lien on the real estate or personal estate, or both, of the defendant, in the amount of any debt due and owing the Village for any violation under this Chapter, including any and all Enforcement Expenses.
F. Final Notice and Hearing. Prior either to imposing Enforcement Expenses pursuant to subsection D of this section, or to imposing a lien pursuant to subsection E of this section, the Administrative Hearing Officer will conduct a hearing pursuant to notice sent to defendant by first-class mail, postage prepaid, not less than seven (7) days prior to the date of the hearing. The defendant's failure to appear at such hearing will not preclude the Administrative Hearing Officer from imposing Enforcement Expenses or a lien.
(MC-2-2014, Added, 2/18/2014)