(A) Code violations other than building or parking, standing or compliance violations.
(1) When a compliance administrator finds that a code violation exists, that individual shall note the violation on a multiple copy violation notice that indicates:
(a) The name and address of the alleged violator;
(b) The type and nature of the violation;
(c) The date and time the violation was observed;
(d) The names of witnesses to the violation.
(2) The violation form shall be forwarded to the code hearing department where a docket number shall be stamped on all copies of the report and a hearing date shall be noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 30 nor more than 40 days after the violation is reported.
(3) One copy of the violation report form shall be maintained in the files of the code hearing department and shall be part of the record of hearing, one copy of the report form shall be returned to the individual representing the municipality so that he or she may prepare evidence of the code violation for presentation at the hearing, and one copy of the report form shall be served by first class mail to the defendant along with a summons commanding the defendant to appear at the hearing.
(4) After expiration of the period within which judicial review under the administrative review law may be sought for a final determination of the code violation, the village may commence a proceeding in circuit court for purpose of obtaining a judgment on the findings, decision, and order. Nothing in this section shall prevent the village from consolidating multiple findings, decisions, and orders against a person in such a proceeding. Upon commencement of the action, the village shall file a certified copy of the findings, decision, and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision, and order was issued in accordance with the applicable municipal ordinance. Service of the summons and a copy of the petition may be made by any method provided for by ILCS Ch. 735, Act 5 § 2-203 (Section 2-203 of the Code of Civil Procedure) or by certified mail, return receipt requested, provided that the total amount of fines, other sanctions, and costs imposed by the findings, decision, and order does not exceed $2,500. If the court is satisfied that the findings, decision, and order was entered in accordance with the requirements of this chapter and ILCS Ch. 65, Act 5 §§ 1-2.2-1 et seq. and that the defendant had an opportunity for a hearing under this chapter and for judicial review as provided:
(a) The court shall render judgment in favor of the municipality and against the defendant for the amount indicated in the findings, decision, and order, plus costs;
(b) The judgment shall have the same effect and may be enforced in the same manner as other judgments for recovery of money; and
(c) The court may also issue any other orders and injunctions that are requested by the village to enforce the order of the hearing officer to correct a code violation.
(B) Building code violations.
(1) When a compliance administrator finds a code violation while inspecting a structure or property, he or she shall note the violation on a multiple copy violation notice indicating:
(a) The name and address of the structure;
(b) The type and nature of the violation;
(c) The date and time the violation was observed;
(d) The names of witnesses to the violation;
(e) The address of the structure or property where the violation is observed.
(2) Service.
(a) The violation report form shall be forwarded to the Code Hearing Department and a docket number shall be stamped on all copies of the report and a hearing date shall be noted on the form. The hearing date shall not be less than 30 nor more than 40 days after the violation is reported. One copy of the violation report shall be maintained in the files of the Code Hearing Department and shall become part of the record of the hearing. One copy of the report shall be returned to the individual issuing the code violations. One copy of the report form shall be served by first class mail to the defendant along with a summons commanding the defendant to appear on the specified hearing date.
(b) If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found, not less than 20 days before the hearing is scheduled.
(3) Defenses to building code violations. It shall be a defense to a building code violation charged if the owner, his attorney, or any other agent or representative proves to the hearing officer's satisfaction that:
(a) The building code violation alleged in the notice does not in fact exist or, at the time of the hearing, the violation has been remedied or removed;
(b) The building code violation has been caused by the current property occupants and that in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations;
(c) An occupant or resident of the dwelling has refused entry to the owner or an agent to all or part of the dwelling for the purpose of correcting the building code violation.
(4) Sanctions applicable to owner; property. The order to correct a building code violation and the sanction imposed by the village as the result of a finding of a building code violation under this chapter shall attach to the property as well as to the owner of the property, so that a finding of a building code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision, and order of a hearing officer under this chapter.
(C) Parking, standing, or compliance notice violations.
(1) A parking, standing, or compliance violation notice shall:
(a) Specify the date, time, and place of violation of a parking, standing, or compliance regulation;
(b) Specify the particular regulation violated;
(c) Specify the fine and any penalty that may be assessed for late payment, when so provided by ordinance;
(d) Specify the vehicle make and state registration number;
(e) Specify the identification number of the person issuing the notice;
(f) State that payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation;
(g) Contain information as to the availability of a hearing in which the violation may be contested on its merits;
(h) Specify the time and manner in which a hearing may be had.
(2) Service.
(a) Service of the parking, standing, or compliance violation notice may be achieved by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of a vehicle if he/she is present. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his/her name to the notice at the time of service or, in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his/her control. The original or a facsimile of the violation notice shall be retained by the traffic compliance administrator, and there shall be a record kept in the ordinary course of business. A parking, standing, or compliance violation notice issued, signed, and served in accordance with this section, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice or copy shall be admissible in any subsequent administrative adjudication or legal proceedings.
(b) Service of additional notices may be sent by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State, or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or, under ILCS Ch. 625, Act 5 § 11-1306 of the Illinois Vehicle Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease, or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. The service shall be deemed complete as of the date of deposit in the United Stated mail. The notices shall be in the following sequence and shall include but not be limited to the information specified herein:
1. Second notice of violation. This notice shall:
a. Specify the date and location of the violation cited in the parking, standing, or compliance violation notice;
b. Specify the particular regulation violated;
c. Specify the vehicle make and state registration number;
d. Specify the fine and any penalty that may be assessed for late payment when so provided by ordinance;
e. Specify the availability of a hearing in which the violation may be contested on its merits;
f. Specify the time and manner in which the hearing may be had;
g. State that failure either to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated;
h. State that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the village.
2. A notice of final determination of parking, standing, or compliance violation liability. This notice shall be sent following a final determination of parking, standing, or compliance violation liability, and the conclusion of judicial review procedures taken under this section. The notice shall:
a. State that the unpaid fine or penalty is a debt due and owing the municipality;
b. Contain warnings that failure to pay any fine or penalty due and owing the village within the time specified may result in the village filing a petition in the circuit court to have the unpaid fine or penalty rendered a judgment as provided by this section or may result in suspension of the person's drivers license for failure to pay fines or penalties for ten or more parking violations under ILCS Ch. 625, Act 5 § 6-306.5 of the Illinois Vehicle Code.
3. Notice of impending drivers license suspension. A notice of impending drivers license suspension shall:
a. Be sent to the person liable for any fine or penalty that remains due and owing on ten or more parking violations;
b. State that failure to pay the fine or penalty owing within 45 days of the notice's date will result in the municipality notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under ILCS Ch. 625, Act 5 § 6-306.5 of the Illinois Vehicle Code;
c. State that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self-addressed, stamped envelope to the municipality along with a request for the copy;
d. Be sent by first class United State mail, postage prepaid, to the address recorded with the Secretary of State, or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.
(3) Hearings on standing, parking, and condition of vehicles. An opportunity for a hearing for the registered owner of the vehicle cited in the parking, standing, or compliance violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply, provided, however, that under ILCS Ch. 625, Act 5 § 11-1306 of the Illinois Vehicle Code, the lessee of a vehicle cited in the violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the registered owner. The hearings shall be recorded, and the person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at a hearing under this section may be represented by counsel at their expense.
(4) Final determinations of violation liability.
(a) Final determination. A final determination of violation liability shall occur following failure to pay the fine or penalty after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final:
1. Upon denial of a timely petition to set aside that determination; or
2. Upon expiration of the period for filing the petition without a filing having been made.
(b) Petition to set aside a determination.
1. A petition to set aside a determination of parking, standing, or compliance violation liability may be filed by a person owing an unpaid fine or penalty and shall be filed within 30 days of the finding of liability and ruled upon by the compliance administrator within 30 days thereafter. The grounds for such a petition are limited to:
a. The person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued;
b. The person having already paid the fine or penalty for the violation in question; and
c. Excusable failure to appear at or request a new date for a hearing.
2. After the determination of violation liability has been set aside upon a showing of just cause, the person owing the unpaid fine or penalty shall be provided with a hearing on the merits for the violation.
(5) Procedures for non-residents. If the alleged violator does not reside within the state, he or she may contest the violation in writing. In such circumstances, the hearing officer must receive a request in writing from the non-resident to contest the violation seven days prior to the initial hearing. If the hearing officer receives such a written request, the non-resident may submit his or her position, in writing, as to why the issuance of the violation was improper.
(Ord. 2006-O-2, passed 2-7-06)
Statutory reference:
Similar provisions, see ILCS Ch. 65, Act 5 § 1-2.2-20; Ch. 65, Act 5 § 1-2.2-55; Ch. 65, Act 5 § 11-31.1-4;
Ch. 625, Act 5 § 11-208.3(b)(2); Ch. 625, Act 5 § 11-208.3(b)(3); Ch. 625, Act 5 § 11-208.3(b)(4);
Ch. 625, Act 5 § 11-208.3(b)(5)(i)(ii); Ch. 625, Act 5 § 11-208.3(b)(6); Ch. 625, Act 5 § 11-208.3(b)(7);
Ch. 625, Act 5 § 11-208.3(b)(8); Ch. 625, Act 5 § 11-208.3(b)(9)