The purpose of this article is to provide for the fair and efficient
enforcement of the Village ordinances delineated in this article through
an administrative adjudication process and by establishing a schedule
of fines and penalties.
There is hereby established and created within the Village a Code Hearing Unit that shall administer an administrative hearing system to: (i) conduct all appeals requested pursuant to Section 5-2-10 of this Code; and (ii) enforce and adjudicate violations ("violations") of the following chapters of this Code, and all articles within such chapters, as the same have been, and may from time to time hereafter be, amended:
The provisions of this article shall not preclude the Village
from using other methods or proceedings to enforce and adjudicate
this Code or other ordinances of the Village, including, without limitation,
the institution of an action in the Circuit Court of Cook County,
the United States District Court, or any administrative proceeding.
The Code Hearing Unit shall consist of one or more hearing officers,
one or more code enforcement administrators, and hearing room personnel,
all with the power, authority, and limitations as set forth in this
article.
(A)
Appointment. The Village President, with the advice and consent of
the Village Board, shall appoint one or more qualified hearing officers
to perform the functions set forth in this section.
(B)
Term. The term of a hearing officer shall be not more than two years;
provided, however, that the Village Board may remove a hearing officer,
with or without cause.
[Amended 8-18-2015 by Ord. No. 2015-3163]
(C)
Qualifications. To qualify as a hearing officer, an individual must:
(1)
Be an attorney licensed to practice law in the State of Illinois
for at least three years;
(2)
Be in good standing with the Illinois Supreme Court Attorney
Registration and Disciplinary Commission; and
(3)
Complete a formal training program conducted by the Village
Manager and the Village Attorney consisting of:
(a)
Instruction on the rules of procedure for administrative hearings;
(b)
Orientation to each subject area of the Code that will be adjudicated;
(c)
Observation of hearings conducted by Illinois municipalities
that have adopted the administrative hearing system; and
(d)
Participation in hypothetical hearings, including ruling on
evidence and issuance of final orders.
(D)
Compensation. Authorization for compensation for a hearing officer
shall be made by the Village Board through the Village's annual
budget process. Compensation shall be determined by the Village Manager
within approved budget limitations.
(E)
Authority and jurisdiction. Hearing officers are hereby authorized,
empowered, and directed to:
(1)
Hear testimony and accept evidence that is relevant to the allegation
of a violation;
(2)
Issue subpoenas directing witnesses to appear and give relevant
testimony at the hearing, upon the request of the parties or their
representatives;
(3)
Preserve and authenticate the record of the hearing, including
all exhibits and evidence introduced at the hearing;
(4)
Issue a determination, based on the evidence presented at the
hearing, on whether a violation occurred or exists, which determination
shall be in writing and shall include a written finding of fact, decision,
and order, including any corrective measures, the fine, penalty, and
interest charges, or other action with which the defendant must comply;
(5)
Impose penalties consistent with applicable Code provisions,
order the defendant to obtain a compliance bond, and require the defendant
to take corrective measures to cure the violation upon finding a defendant
liable for the charged violation, except as expressly provided in
this article;
(6)
Impose administrative costs in an amount not less than the minimum amount set by the Village Board in a resolution adopted pursuant to Section 18-3-17 of this Code, upon finding a defendant liable for the charged violation, except that no administrative costs shall be imposed on automated traffic law violations pursuant to Chapter 7, Article 4, of this Code. The hearing officer shall have no authority to waive, or impose an amount less than, the minimum amount set by the Village Board; provided, however, that the hearing officer may waive administrative costs or impose an amount less than the minimum amount set by the Village Board for adjudged violations of Chapter 8, Article 7 and Chapter 7, Article 2 of this Code;
(7)
Impose interest charges not less than the minimum amount set by the Village Board in a resolution adopted pursuant to Section 18-3-17 of this Code, if a defendant fails to pay the penalty, fine or administrative costs set by the hearing officer on the day of the hearing; provided, however, that the hearing officer shall have no authority to waive, or impose interest charges in an amount less than, the minimum interest charges set by the Village Board;
(8)
Postpone or continue a defendant's hearing to a later hearing
date; and
(A)
Appointment. The Village Manager shall appoint one or more code enforcement
administrators to perform the functions set forth in this section.
The Code Enforcement Administrator may be an employee of the Village
or may be an independent contractor or agency contracted by the Village
Manager and be compensated in an amount, as determined by the Village
Manager.
(B)
Authority and jurisdiction. The Code Enforcement Administrator is
hereby authorized, empowered, and directed to:
(1)
Promulgate rules and regulations reasonably required to manage
the administrative hearing system;
(2)
Adopt, distribute, and process all notices as may be required
under this article, or as may reasonably be required to carry out
the purpose of this article;
(3)
Collect payments made as a result of fines and/or penalties
assessed and transmit such payments to the Village Finance Director;
(4)
Certify reports to the Illinois Secretary of State concerning
initiation of suspension of driving privileges in accordance with
the provisions of this article and those of 625 ILCS 5/6-306.5;
(5)
Refer to the Village Finance Director the collection of unpaid
fines and penalties through private collection agencies that the Village
may retain or by filing complaints in the Circuit Court of Cook County;
or select or appoint an individual or agency to act on behalf of the
Village in filing complaints, seeking judgments for unpaid fines or
penalties and pursuing all post-judgment remedies available under
current law;
(6)
Certify copies of findings, decisions and orders adjudicated
pursuant to this article, and any factual reports verifying the findings,
decisions and orders that are issued in accordance with this article
or the laws of the State of Illinois; and
(7)
Oversee the operation and maintenance of the computer programs
for the administrative hearing system, including, without limitation:
(a)
Inputting information for the violation notice;
(b)
Establishing hearing dates and notice dates;
(c)
Recording fine and penalty assessment and payments;
(d)
Issuing payment receipts;
(e)
Issuing notices of hearing dates, notices of default, final
notices, such other notices as may be necessary to implement the administrative
hearing system, and final notices; and
(f)
Keeping accurate records of appearances and nonappearances at
hearings, pleas entered, fines, and other penalties assessed and paid.
(8)
Postpone or continue a defendant's hearing to a later hearing
date, if such request is made prior to the first scheduled hearing
date. Such a determination shall be at the sole discretion of the
Code Enforcement Administrator.
(A)
A notice of any violation ("violation notice") shall be issued by
the persons authorized under this article, shall contain information
as to the nature of the violation, shall be certified, and shall constitute
prima facie evidence of the violation cited.
(B)
All full-time police officers, as well as other individuals holding
positions in any department of the Village and specifically authorized
by the Village Manager, shall have the authority to issue violation
notices.
(C)
Any individual authorized to issue violation notices who detects
a violation is authorized to issue a violation notice thereof and
shall serve the violation notice only in the manner set forth in this
section.
(D)
For violations of Chapter 8, Article 7, and Chapter 7, Article 2, of this Code, for automated traffic law violations pursuant to Chapter 7, Article 4, of this Code, and for violations of any article of this Code that has a penalty provision that permits the prepayment of fines, an individual authorized by the Village Manager shall issue an initial ticket in compliance with the most current policies and procedures of the ticket issuer's Village department ("initial ticket"). In lieu of paying the fine provided in the initial ticket, the defendant may request a hearing. If the defendant requests a hearing, then the Village department shall issue a violation notice to the defendant in accordance with Section 18-3-8 of this Code, containing the information required by Section 18-3-7(E) of this Code.
(E)
A violation notice (except for automated traffic law violations, which shall contain the information set forth in Section 7-4-6 of this Code) shall contain, without limitation, the following information:
(1)
The date, time and location of the alleged violation;
(2)
The name and address of the defendant, if known;
(3)
The type and nature of the alleged violation;
(4)
The signature of the person issuing the violation notice;
(5)
The date, time, and location of the hearing;
(6)
The legal authority and jurisdiction under which the hearing
is to be held; and
(7)
The penalties for failure to appear at the hearing.
(A)
Service of a violation notice (except for service of automated traffic law violations, which shall be served pursuant to Section 7-4-6 of this Code) shall be made as follows:
(1)
Handing the notice to the person responsible for the violation
or handing it to his or her employee or agent;
(2)
Leaving the notice with any person 13 years of age or older
at the residence of the responsible person, and informing that person
of the contents of the summons, provided the person making service
shall also send a copy of the summons in a sealed envelope with postage
fully prepaid, addressed to the defendant at his or her usual place
of abode;
(3)
Service on corporations or partnerships shall be in accordance
with the Illinois Code of Civil Procedure, 735 ILCS 5/2-101 et seq.;
(4)
Mailing the notice by United States mail to the last known address
of record of the individual/entity or his or her or its registered
agent; or
(5)
Posting the notice upon the property where the violation is
found when the person alleged to have committed the violation is the
owner, manager, or tenant of the property, and serving the owner/manager
or agent thereof.
(B)
The correctness of facts contained in any violation notice shall
be certified as follows:
(1)
By the person issuing the notice, through signing his or her
name to the notice at the time of issuance; or
(2)
In the case of a notice produced by a computer device or for
an automated traffic law violation, by signing a single certificate
to be kept by the Code Enforcement Administrator, attesting to the
correctness of all notices produced by the device while under his
or her control.
(C)
The Code Enforcement Administrator shall retain the original or a
facsimile of the violation notice and keep it as a record in the ordinary
course of business.
(D)
The violation notice or a copy thereof shall be admissible in any
subsequent administrative or judicial proceeding to the extent permitted
by law.
All hearings conducted under the administrative hearing system
shall be conducted by a hearing officer and shall be in accordance
with the following rules and procedures:
(A)
The date, time, and place shall be set forth in the violation notice, or such additional notices as are issued in accordance with this article, provided that for hearings scheduled in all nonemergency situations, if requested by the defendant, the defendant shall have at least 15 days after service of process to prepare for a hearing. For purposes of this Section 18-3-9(A), "nonemergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety, health, or welfare. If service is provided by mail, the fifteen-day period shall begin to run on the date that the notice is deposited in the mail.
(B)
The hearings shall be audio recorded.
(C)
The parties may be represented by counsel, present witnesses, and
cross-examine opposing witnesses.
(D)
Parties may request the hearing officer to issue, and the hearing
officer shall have the authority to issue, subpoenas to direct the
attendance and testimony of relevant witnesses and produce relevant
documents.
(E)
The formal and technical rules of evidence shall not apply. Evidence,
including hearsay, may be admitted only if it is of a type commonly
relied upon by reasonable, prudent persons in the conduct of their
affairs.
(F)
Each hearing shall culminate in a determination of liability or nonliability
by the hearing officer, or a determination of liability based upon
the failure of the defendant to appear at the scheduled hearing, whichever
occurs first.
(G)
Pursuant to, and subject to the limitations set forth in, Section 18-3-5(E)(5) and (E)(7) of this Code, the hearing officer shall, upon a determination of liability, have the discretion to assess fines and penalties in accordance with this Code, assess interest charges for late payments, and order the defendant to undertake corrective actions to remedy the violation. In addition, pursuant to, and subject to the limitations set forth in, Section 18-3-5(E)(6) of this Code, the hearing officer shall assess administrative costs upon finding a defendant liable for the charged violation. In no event shall the hearing officer have authority to: 1) impose a penalty of incarceration; or 2) impose a fine in excess of $50,000 for a violation.
(H)
The maximum monetary fine imposed under this article shall be exclusive
of administrative costs, costs of enforcement, interest charges for
late payments, or costs incurred by the Village to secure compliance
with the Village's Code and ordinances, and shall not be applicable
to cases to enforce the collection of any tax imposed and collected
by the Village.
(I)
Hearing room personnel shall be designated and appointed by the Village's
Chief of Police and shall be authorized and directed to:
(A)
Default. If at the time set for hearing, the defendant, or his or her attorney or agent of record, fails to appear, and the hearing was neither postponed by the Code Enforcement Administrator, pursuant to his or her authority under Section 18-3-6(B)(8) of this Code, nor continued by the hearing officer pursuant to his or her authority under Section 18-3-5(E)(8) of this Code, the hearing officer may enter a finding of default within the findings, decision and order and impose liability against the defendant including the assessment of fines pursuant to Section 18-3-10(C) of this Code and administrative costs. A copy of the finding of default, which is a final determination, shall be sent promptly to the defendant by first class mail, postage prepaid, and shall apprise the defendant of the procedure for setting aside the finding of default and shall also apprise the defendant of the availability to appeal the finding of default to the Cook County Circuit Court.
(B)
Set aside of default. A written petition to set aside a finding of
default may be filed by a person owing an unpaid fine or penalty assessed
for a violation, and shall be considered, in accordance with the following
procedures:
(1)
The petition must be filed with the hearing officer not later
than 21 days from the date on which the finding of default was made;
provided, however, that a defendant may file a petition to set aside
the finding of default at any time if such defendant establishes that
the Village did not provide proper service of process.
(2)
The hearing officer shall render a decision on a timely filed
set aside petition after the date of receipt of the petition.
(3)
The grounds for setting aside a finding of default shall be
limited to the demonstration by the person against whom the finding
of fault is made that:
(a)
The person is not the owner or lessee of the cited vehicle or
was not the owner, tenant, or manager of the cited property on the
date the violation notice was issued;
(b)
The person paid the fine or penalty prior to the finding of
default for the violation in question;
(c)
The failure of the person to appear at or request a new date
for any hearing was excusable; or
(d)
The Village did not provide proper service of process to the
person.
(4)
Should the finding of default be set aside, the hearing officer
shall notify the defendant that the finding of default has been set
aside, as well as any administrative costs, and of the date, time
and place for a hearing on the merits of the violation for which the
finding of default has been set aside by first class mail, postage
prepaid, to the address set forth on the petition hereunder, and service
thereof shall be complete on the date the notice is deposited in the
United States mail. The hearing officer shall have authority to enter
an order extinguishing any lien that has been recorded for any debt
due and owing the Village as a result of the vacated finding of default.
When a finding of default is vacated, the hearing officer shall set
a new date for a hearing on the underlying violation.
(C)
Penalty. Upon the entry of a finding of default against a defendant
by the administrative hearing officer, and as a penalty for such default,
the applicable fine for the defendant's violation(s) will be
doubled, provided that fines will not be doubled for defaults regarding
automated traffic law violations or violations of other state statutes
that expressly limit the amount of fines the Village may impose.
(A)
Any nonresident of the Village who has been served a violation notice for violation of any provision of Chapter 8, Article 7, and Chapter 7, Article 2, of this Code may contest the alleged violation on its merits without personally appearing at a hearing by:
(1)
Requesting and completing, in full, the nonresident request
for hearing-nonappearance form;
(2)
Acknowledging in the space specified in the form that his or
her personal appearance is waived and submitting to an adjudication
based upon the notarized statement filed by him or her and the facts
contained in the violation notice;
(3)
Filing the form with the Code Enforcement Administrator postmarked
by the 25th of the month, if the violation notice was issued between
the first day through the 15th day of that month; or postmarked by
the 10th day of the month, if the violation notice was issued between
the 16th day and the last day of the immediately preceding month,
which filing shall be deemed completed if postmarked by the due dates
herein specified; and
(4)
Filing a notarized statement of facts specifying the grounds
for challenging the violation notice with the Code Enforcement Administrator
in conjunction with the violation notice.
(B)
The hearing officer shall make a decision based upon the facts set
forth in the notarized statement of facts filed by the nonresident
and as contained in the violation notice;
(C)
Notice of the determination of the hearing officer shall be served
upon the nonresident by first class mail, postage prepaid, addressed
to the nonresident at the address set forth in the statement of facts
submitted; and
(D)
Service of the notice of such determination shall be complete on
the date the notice is deposited in the United States mail.
(A)
In accordance with 625 ILCS 5/6-306.5, a notice of impending suspension of a person's driver's license shall be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on (1) 10 or more vehicular standing, parking or compliance violations pursuant to Chapter 8, Article 7, and/or Chapter 7, Article 2, of this Code; or (2) five or more automated traffic law violations pursuant to Chapter 7, Article 4, of this Code. The notice shall state that the failure to pay the fine or penalty owing within 45 days after the date of the notice shall result in the Village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings. The notice shall also 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 Village along with a request for the photostatic copy. Such notice shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State.
(B)
Upon a failure to pay fines or penalties deemed due and owing to the Village pursuant to Chapter 8, Article 7, and Chapter 7, Article 2, of this Code or for automated traffic law violations pursuant to Chapter 7, Article 4, of this Code, and after exhaustion of the procedures set forth in this article, the Code Enforcement Administrator shall make a certified report, pursuant to 625 ILCS 5/6-306.5(c), to the Secretary of State stating that the owner or lessee of a registered vehicle has failed to pay the fine or penalty due or owing the Village as a result of 10 or more such violations of Chapter 8, Article 7, and Chapter 7, Article 2, of this Code, or five or more automated traffic law violations pursuant to Chapter 7, Article 4, of this Code, and thereby shall initiate the suspension of that person's driver's license.
(C)
The Code Enforcement Administrator shall take no further action after sending the certified report to the Secretary of State unless and until the fines and penalties due and owing the Village are paid or upon determination under Section 18-3-12(D) of this Code that the inclusion of the person's name on the certified report was in error. At either such time, the Code Enforcement Administrator shall submit to the Secretary of State a notification that shall result in the halting of a driver's license suspension proceeding pursuant to 625 ILCS 5/6-306.5(d). The person named therein shall receive a certified copy of such notification upon request and at no charge.
(D)
Persons may challenge the accuracy of the certified report by completing
and filing, within 21 days of the date of the Secretary of State's
notice under 625 ILCS 5/6-306.5(b), a form provided by the Code Enforcement
Administrator specifying the grounds on which such challenge is based.
Grounds for challenge shall be limited to the following:
(E)
The Code Enforcement Administrator shall give notice of a determination on a challenge to the accuracy of a certified report within 14 days of receipt of the form required under Section 18-3-12(D) of this Code, and shall notify the person filing the challenge and, if applicable, the Secretary of State, of the determination.
Any final decision by a hearing officer that a violation does
or does not exist shall constitute a final determination for purposes
of judicial review and shall be subject to review under the Illinois
Administrative Review Law, 735 ILCS 5/3-101 et seq.
Any fine, penalty, or part of any fine or penalty assessed in accordance with the provisions of this article and remaining unpaid after the exhaustion of, or the failure to exhaust, administrative procedures under this article and the conclusion of any judicial review procedures, shall be a debt due and owing the Village, and, as such, may be collected in accordance with applicable law and as provided in Section 18-3-15 of this Code.
(A)
Fines. All fines and other monies to be paid to the Village in accordance
with this article 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 hearing officer, upon issuing a determination of liability that includes an order of compliance, shall have the authority to order the defendant in the case to obtain and submit to the Village a bond ("compliance bond") to ensure defendant's timely compliance in correcting the violation. Any compliance bond ordered pursuant to this Section 18-3-15(B) shall name the Village as a beneficiary and shall be in the amount specified by the hearing officer, provided that the amount of the compliance bond shall be reasonably related to the cost of compliance, including any applicable fines, and penalties and enforcement expenses, as defined in Section 18-3-15(D) of this Code. 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 undertakes remediation or otherwise expends funds related to the violation for which a compliance bond has been ordered and issued, the hearing officer, after giving the parties notice and an opportunity to be heard, as provided in Section 18-3-15(F) of this Code, may issue an order permitting the Village to draw against the compliance bond in an appropriate amount. The hearing officer shall order the compliance bond amount, less the reasonable costs incurred by the Village, returned to the defendant upon proof of compliance.
(2)
In the event a defendant ordered to secure a compliance bond, as provided by this Section 18-3-15(B), seeks judicial review of that portion of the hearing officer's order requiring a compliance bond and prevails on that issue, the Village shall release the compliance bond, and if the Village has drawn against the compliance bond, the Village shall refund to the defendant the total amount drawn within 30 days after receiving a copy of the reviewing court's mandate.
(C)
Expiration of judicial review period. After expiration of the period
during which 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 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 ordering the defendant to correct a violation or imposing 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 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 a hearing officer in accordance with Section 18-3-15(F) of this Code, 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 action set forth in this article, the hearing officer, after providing the notice and opportunity to be heard, in accordance with Section 18-3-15(F) of this Code, shall have the right 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 article, including any and all enforcement expenses.
(F)
Final notice and hearing. Prior to: 1) imposing enforcement expenses pursuant to Section 18-3-15(D) of this Code or 2) imposing a lien pursuant to Section 18-3-15(E) of this Code, the hearing officer shall conduct a hearing pursuant to notice sent by first class mail, postage prepaid, not less than seven days prior to the date of the hearing. The defendant's failure to appear at such hearing shall not preclude the hearing officer from imposing enforcement expenses or a lien.
For any violation of any Village ordinance, fines and penalties
shall be as established from time to time by the Board of Trustees.
