[HISTORY: Adopted by the Board of Trustees of the Village
of Coal City 6-28-2010 by Ord. No. 10-20. Amendments noted where
applicable.]
The purpose of this chapter is to provide for a fair and efficient
system of enforcement of Village ordinances as may be allowed by law
and directed by ordinance, through the administrative adjudication
of violations of such Village ordinances and by establishing a schedule
of fines and penalties, and authority and procedures for collection
of unpaid fines and penalties.
For the purpose of this chapter, the words described below shall
have the meanings ascribed to them herein unless the context in which
such terms are used requires otherwise:
Any municipal ordinance, law, rule, regulation or code set
forth in Titles V, VII, IX, XIII, and XV of the Village Code, inclusive,
except such ordinances for which the potential penalty described therein
includes a period of incarceration or wherein the violation is a moving
violation under the Illinois Traffic Code that is a reportable offense
to the Illinois Secretary of State.
A person appointed by the Village President, with the advice
and consent of the Village Board, to preside over administrative hearings,
as set forth in this chapter.
"Owner" means:
For the purpose of a violation relating to real property, the
person to whom the County Collector sent the last ascertainable tax
bill; and
For the purpose of a violation relating to motor vehicles, the
person to whom the motor vehicle is registered, as provided by the
records of the Secretary of State of Illinois.
Any person so described herein may present clear and convincing
evidence to overcome the presumption that such person is the owner
of the property and/or motor vehicle for which the person received
a notice of violation.
The provisions of this chapter shall not preclude the Village
from using other methods or proceedings to enforce the Village Code,
including, but not limited to, the institution of any action in the
Circuit Court of the county where the violation occurs, or any administrative
proceeding.
There is hereby created within the Village of Coal City a Code
Hearing Department, which is authorized to provide for and operate
a "system of administrative adjudication," as more fully described
herein, which shall have jurisdiction over the adjudication and enforcement
of any violation of the Village Code as set forth herein, including
but not limited to parking and vehicle registration violations, housing,
building and zoning code violations, and engineering and health safety
violations.
The Code Hearing Department shall be comprised of a Hearing
Officer, a Code Administrator, the Chief of Police, or his or her
designee, and any other duly appointed person or persons deemed necessary
for the efficient administration of the Code Hearing Department, with
the following powers and authority:
A.
Hearing Officer.
(1)
All adjudicatory hearings shall be presided over by a Hearing Officer.
Prior to conducting administrative adjudication hearings, the Hearing
Officer shall have successfully completed a formal training program
which includes the following:
(a)
Instruction on the rules of procedure of the administrative
adjudication hearings that they will conduct and preside over;
(b)
Orientation to each subject area of the code for which they
may adjudicate a violation;
(c)
Observation of administrative adjudication hearings; and
(d)
Participation in hypothetical cases, including ruling on evidence
and issuing final orders.
(2)
In addition, a Hearing Officer must be an attorney licensed to practice
law in the State of Illinois for at least three years. A Hearing Officer
may not be an inspector or law enforcement officer employed by the
Village.
(3)
Hearing Officers are hereby authorized, empowered and directed to:
(a)
Hear testimony and accept evidence that is relevant to the existence
of an ordinance violation;
(b)
Issue subpoenas directing witnesses to appear and give relevant
testimony or tangible items at an administrative adjudication hearing,
upon the request of the parties or their representatives;
(c)
Preserve and authenticate the record of the administrative adjudication
hearings, including all exhibits and evidence introduced at the hearing;
(d)
Issue a determination, based on the evidence presented at the
administrative adjudication hearing, of whether a code violation occurred
or exists. The Hearing Officer's determination shall be in writing
and shall include written findings of fact and law, a decision, and
an order including the fine, penalty or other action with which the
defendant must comply; and
(e)
Impose penalties consistent with the applicable code and assess
costs upon finding a party liable for the charged violation; except,
however, that in no event shall the Hearing Officer have authority
to:
[1]
Impose a penalty of incarceration; or
[2]
Impose a fine in excess of the penalties set forth in § 10-99. The maximum monetary fine under this Subsection A(3)(e) shall be exclusive of costs of enforcement or costs incurred by the Village to secure compliance with the Code and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the Village.
[Amended 7-27-2016 by Ord. No. 16-16]
B.
Code Administrator. The Code Administrator shall be an employee of
the Village designated by the Village Administrator to perform such
duties as enumerated herein.
(1)
The
Code Administrator is hereby authorized, empowered and directed to:
(a)
Operate and manage the system of administrative adjudication
of all code violations as may be permitted by law and directed by
ordinance;
(b)
Adopt, distribute and process all notices as may be required
under this chapter or as may reasonably be required to carry out the
purpose of this chapter;
(c)
Collect moneys paid as fines and/or penalties assessed after
a final determination of liability or to coordinate with the Village
Treasurer for such purpose;
(d)
Certify copies of final determinations of all code violations
adjudicated pursuant to this chapter, and any factual reports verifying
the final determination of any violation which were issued in accordance
with this chapter or the laws of the State of Illinois, including
ILCS Ch. 625, Act 5, § 11-208.3 (standing, parking or conditions
of vehicles), as from time to time amended;
(e)
Certify reports to the Secretary of State concerning initiation
of suspension of driving privileges in accordance with the provisions
of this chapter and those of ILCS Ch. 625, Act 5, § 6-306.5
(failure to pay fine - suspension);
(f)
Promulgate rules and regulations reasonably necessary for the
efficient operation and maintenance of the system of administrative
adjudication hereby established; and
(g)
Collect unpaid fines and penalties through private collection
agencies that may be retained by the Village or by requesting the
Village Attorney, after consultation with the Village Board, to act
on behalf of the Village in filing complaints in the Grundy or Will
County Circuit Court, seeking judgments for unpaid fines or penalties
and pursuing all post-judgment remedies available under current law.
(2)
Automation. The Code Administrator is hereby further authorized,
empowered and directed to operate and maintain a computer program
for the system of administrative adjudication hereby established,
on a day-to-day basis, including, but not limited to:
(a)
Inputting of violation notice information;
(b)
Establishing hearing dates and notice dates;
(c)
Recording fine and penalty assessment and payments;
(d)
Issuing payment receipts;
(e)
Issuing succeeding notices of hearing dates and/or final determinations
of liability, issuing notices of impending immobilization, issuing
notices of impoundment, and issuing notices of impending driver's
license suspension as may be required, in accordance with the Illinois
Vehicle Code. Nothing in this section is intended to preclude the
Code Administrator from including one or more of the above notices
in the same notice report; and
(f)
Keeping accurate records of appearances and nonappearances at
administrative adjudication hearings, pleas entered and fines and
other penalties assessed and paid.
C.
Police personnel. The Chief of Police shall appoint and/or designate
a police officer or officers who may be available to provide security
for the administrative adjudication hearings, and such officers are
hereby authorized and directed to:
A.
Filing of complaints.
(1)
A proceeding before a Hearing Officer shall be instituted upon the
filing with the Code Administrator of a written sworn pleading, complaint
or citation by any authorized official of the Village, including police
officers, code enforcement officers, and such other employees as authorized.
(2)
In the event a complaint causing the initiation of a hearing is filed
by a tenant or occupant of a dwelling who is not also the owner thereof,
no action for eviction, abatement of a nuisance, forcible entry and
detainer or other similar proceeding, whether it be civil or criminal,
shall be threatened or instituted against such tenant or occupant
solely because such tenant or occupant files such complaint or agrees
to testify or present tangible evidence at an administrative adjudication
hearing. The foregoing sentence shall not apply if the owner proves
by a preponderance of the evidence that such tenant or occupant is
the proximate cause of the violation for which the hearing is commenced.
B.
Service of notice.
(1)
Defendants
shall be served with a copy of the written sworn pleading, complaint
or citation along with a notice of hearing in a manner reasonably
calculated to give them actual notice of the proceeding instituted
against them, by one of the following means:
(a)
Personal service upon a party or its authorized agent;
(b)
Service by certified mail, return receipt requested, at the
party's last known address;
(c)
Service by first class mail, postage prepaid, at the party's
last known address; or
(d)
If the party's last known address cannot be ascertained
after a diligent search, by posting a copy of the sworn pleading,
complaint or citation in a conspicuous place upon the property or
motor vehicle where the violation is found when the party is the owner
of the property or motor vehicle.
(2)
Any notice presented by first class or certified mail, or by posting,
shall be deemed served three days after the deposit of such notice
in the U.S. Mail or the posting of such notice.
C.
Notices of hearing shall include:
(1)
The type and nature of the ordinance violation to be adjudicated, including a reference to the appropriate section of the code, and the potential fines which may result from a finding of liability. And, with respect to code violations related to the standing, parking, condition of a vehicle or a size and/or weight violation, a summary of the information contained on the citation as set forth in § 41-10B;
(2)
With respect to code violations related to the standing, parking,
condition of a vehicle or a size and/or weight violation, the means
by which the respondent may waive the right to a hearing and pay the
applicable fine for the alleged violation, and that payment of the
indicated fine, and of any applicable penalty for late payment, shall
operate as a final disposition of the violation;
(3)
The date and times available for an administrative adjudication hearing;
(4)
The legal authority and jurisdiction under which the hearing is to
be held;
(5)
The penalties for a failure to appear at the hearing; in addition,
with respect to code violations related to the standing, parking or
condition of a vehicle and weight violations, the notices shall state
that vehicle immobilization and driver's license suspension may
be imposed if fines and penalties are not paid in full; and
(6)
Any witnesses or complainants who may be called to testify for the
Village who are not employees or officers thereof.
D.
Administrative adjudication hearings shall be scheduled and docketed
by the Code Administrator no less than 30 days and no more than 40
days after the notice of hearing is served on the defendant.
[Amended 9-13-2010 by Ord. No. 10-26]
A.
Parties shall be provided with an opportunity for a hearing before
or during which they may exercise any or all of the following rights:
(1)
Be represented by counsel, at their own expense. Defendants shall
not be entitled to have an attorney appointed to represent them;
(2)
Present and cross-examine witnesses;
(3)
Request the Hearing Officer to issue subpoenas to direct the attendance
and testimony of relevant witnesses or the production of relevant
tangible evidence.
B.
Rules of evidence shall not govern. The formal and technical rules
of evidence shall not apply in an administrative adjudication hearing
authorized under this chapter. Evidence, including hearsay, may be
admitted only if it is the type commonly relied upon by reasonably
prudent persons in the conduct of their affairs.
C.
Standard of proof. Administrative adjudication hearings are civil
in nature. The Village shall bear the standard of proof to prove by
a preponderance of the evidence the occurrence or existence of a violation
of the code. A sworn, written pleading, complaint or citation shall
constitute prima facie evidence of the violation.
D.
Defenses. It shall be a defense to a code violation charged under
this chapter if the owner, his or her attorney, or any other agent
or representative proves by a preponderance of the evidence that:
(1)
The code violation alleged in the notice did not in fact exist at
the time of the citation, pleading or complaint;
(2)
The 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; or
(3)
An occupant or resident of the dwelling has refused entry to the
owner or his or her agent to all or a part of the dwelling for the
purpose of correcting the code violation(s);
(4)
The code violation alleged in the notice occurred before the owner
became of owner of the real or personal property. Notwithstanding
the foregoing sentence, any existing order to correct a code violation
and/or sanctions imposed by the Village as a result of a finding of
a 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 code
violation against one owner cannot be avoided by conveying or transferring
the property to another owner. Any subsequent transferee or owner
of the property takes the same subject to the findings, decision and
order of a Hearing Officer under this chapter.
E.
Continuances. No continuances shall be authorized by a Hearing Officer
for any administrative adjudication hearing commenced under this chapter
except in cases where a continuance is absolutely necessary to protect
the rights of the defendant or owner. Lack of preparation shall not
be grounds for a continuance. Any continuance authorized by a Hearing
Officer shall not exceed 25 days.
F.
Representation. The case for the Village may be presented by the
Building Inspector, by any other Village employee or by an attorney
designated by the Village. However, in no case shall the case for
the Village be presented by an employee or official from the Code
Hearing Department. The case for the property owner may be presented
by the owner, his or her attorney, or any other agent or representative.
G.
Judicial review. Any final decision by a Hearing Officer that a code
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, ILCS Ch. 735, Act 5, § 3-101
et seq., or as hereinafter amended. Any person filing for judicial
review under the Administrative Review Law shall be subject to the
assessment of costs for the preparation and certification of the record
of proceedings before the Hearing Officer. Such cost shall be assessed
as $100 for the first page of the transcript and $25 for each page
thereafter. Any failure to pay such fee shall subject the party seeking
review to the provisions of ILCS Ch. 735, Act 5, § 3-109,
including dismissal of the complaint on motion of the Village.
[Amended 9-13-2010 by Ord. No. 10-26; 7-27-2016 by Ord. No. 16-16]
The fines and penalties for any Code violation shall be as set forth within the section of the Village Code that establishes the violation. If no penalty is prescribed, the fine shall be as set forth in § 10-99, unless otherwise provided by law.
A.
Any fine, other sanction or costs imposed, or part of any fine, other
sanction or cost imposed, remaining unpaid after the exhaustion of
or the failure to exhaust judicial review procedures under the Illinois
Administrative Review Law are a debt due and owing the Village of
Coal City and may be collected in accordance with applicable law.
B.
Failure of the defendant to pay such fine or penalty after the exhaustion
of or the failure to exhaust judicial review procedures under the
Illinois Administrative Review Law may result in the Village filing
a petition in the appropriate county Circuit Court to have reduced
to judgment any unpaid fine or penalty with costs, and, if applicable:
C.
Upon the entry of a judgment upon the findings and determination
of the Hearing Officer, and such judgment being recorded in the manner
required by Article XII of the Illinois Code of Civil Procedure, ILCS
Ch. 735, Act 5, § 12-101 et seq., or by the Uniform Commercial
Code, ILCS Ch. 810, Act 5, § 1-101 et seq., a lien shall
be imposed on the real estate or personal property, or both, of the
defendant in the amount of any debt due and owing the Village under
this chapter.
D.
A Hearing Officer may not vacate any final determination of liability.
[Amended 9-13-2010 by Ord. No. 10-26]
A.
Whenever any vehicle is parked in violation of any provision of the
code prohibiting or restricting vehicular parking, stopping or standing,
the owner shall be prima facie responsible for the violation and subject
to the penalty thereof and as such shall be subject to adjudication
under the Village Code and the provisions of Section 11-208.3 of the
Illinois Vehicle Code (625 ILCS 511-208.3).
B.
The Code Administrator set forth in § 41-5 of this chapter shall also serve as the Traffic Compliance Administrator, with the authority to adopt, distribute and process parking and compliance violation notices, to collect money paid as fines and penalties for violation of parking and compliance violations and to assist with the administrative adjudication system as such relates to violations concerning parking, standing and vehicle compliance. For adjudication of all parking, standing and vehicle compliance violations, notices shall be given as provided in Section 11-208.3 of the Illinois Vehicle Code (625 ILCS 511-208.3).
C.
Whenever any vehicle is parked in violation of any provision of the code prohibiting or restricting vehicular parking, stopping or standing, any police officer, traffic control aide, other designated member of the Police Department, parking enforcement aide or other person designated by the Code Administrator observing such violation may issue a parking violation notice, and serve the notice on the owner of the vehicle by handing it to the operator of the vehicle, if he is present, or by affixing it to the vehicle in a conspicuous place. The issuer of the notice shall specify on the notice his identification number, the particular parking regulation allegedly violated, the make and state registration number of the cited vehicle, and the place, date, time and nature of the alleged violation and shall certify the correctness of the specified information by signing his name as provided in Section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), as amended. The foregoing shall not relieve the Code Administrator from the duties set forth in § 41-6 above with respect to scheduling a hearing on such alleged violation and providing notice thereof.
D.
It shall be unlawful for any person, other than the owner of the
vehicle or his designee, to remove from a vehicle a parking violation
notice affixed pursuant to this chapter.
E.
The Code Administrator shall distribute parking violation notices
to parking enforcement aides, other persons authorized to issue parking
violation notices, and the Police Department for issuance pursuant
to these provisions. The Chief of Police shall be responsible for
the distribution of the notice forms within the Police Department,
shall maintain a record of each set of notices issued to individual
members of the Department and shall retain a receipt for every set
so issued.
F.
The Code Administrator shall compile and maintain complete and accurate
records relating to all parking violation notices issued and the dispositions
thereof, whether by payment of the fine or by final determination
of the Hearing Officer. In addition, the Code Administrator shall
make certified reports to the Secretary of State pursuant to Section
6-306.5 of the Illinois Vehicle Code (625 ILCS 5/6-306.5).
[Amended 9-13-2010 by Ord. No. 10-26]
A.
Where a respondent either fails to pay the indicated fine prior to the hearing or fails to appear at a hearing, a final determination of motor vehicle violation liability shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within 21 days of a final determination of motor vehicle violation liability will result in the imposition of a late payment penalty pursuant to Subsection B herein. Upon the occurrence of a final determination of motor vehicle violation liability and after expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought, any unpaid fine or penalty will constitute a debt due and owing the Village.
B.
Failure by any respondent to pay or mail payment of the fine for
a motor vehicle violation within 21 days of the issuance of the final
determination of liability will automatically subject the respondent
to a penalty for late payment. The penalty for late payment shall
be $25.
C.
Defenses. A person charged with a motor vehicle violation may contest
the charge through an administrative adjudication hearing limited
to one or more of the following grounds with appropriate evidence
to support:
(1)
That the respondent was not the owner or lessee of the cited vehicle
at the time of the violation;
(2)
That the cited vehicle or its state registration plates were stolen
at the time the violation occurred;
(3)
That the relevant signs prohibiting or restricting parking, if necessary,
were missing or obscured;
(4)
That the relevant parking meter was inoperable or malfunctioned through
no fault of the respondent;
(5)
That the facts alleged in the motor vehicle violation notice are
inconsistent or do not support a finding that the specified regulation
was violated;
(6)
If the motor vehicle violation is in relation to a size or weight
violation, that the vehicle was not in violation of the applicable
law and regulations.
In accordance with ILCS Ch. 625, Act 5, § 11-1306,
no person who is the lessor of a vehicle pursuant to a written lease
agreement shall be liable for a violation of any standing or parking
regulation of this chapter involving such vehicle during the period
of the lease if, upon receipt of a notice of violation, he or she
shall, within 60 days thereafter, provide to the Code Administrator
the name and address of the lessee. Upon receipt of a lessor's
notification of the name and address of his or her lessee, pursuant
to ILCS Ch. 625, Act 5, § 11-1305 or 11-1306, the Code Administrator
shall cause a notice of violation to be sent to the lessee as provided
herein. If the lessor fails to provide the Code Administrator with
the name and address of the lessee within 60 days of receiving notice,
the lessor shall be liable for the full amount of the violation and
late penalties, and a final determination will be issued.
A.
When a person has failed to pay any fine or penalty due and owing
pursuant to this chapter on 10 or more parking violations, the Code
Administrator shall cause a notice of impending driver's license
suspension to be sent in the form as required by the Secretary of
State. The notice shall state that failure to pay the amount owing
within 45 days of the date of the notice will result in the Village's
notifying the Secretary of State that the person is eligible for initiation
of suspension proceedings pursuant to ILCS Ch. 625, Act 5, § 6-306.5.
B.
If a person sent a notice pursuant to Subsection A fails to pay the amount owing within the time stated on the notice, the Code Administrator may file with the Secretary of State, a certified report, in accordance with ILCS Ch. 625, Act 5, § 6-306.5(c), that the person is eligible for initiation of suspension proceedings. The Code Administrator shall assess a filing fee of $20 against the person named in the certified report to reimburse the Village for the expense of preparing and filing the certified report with the Secretary of State.
C.
Challenging report.
(1)
A person named in a certified report filed pursuant to Subsection B may, within 21 days of the date of the notice sent by the Secretary of State pursuant to ILCS Ch. 625, Act 5, § 6-306.5(b), file with the Code Administrator a written statement and supporting documentation to challenge the report; provided, however, the grounds for such challenge shall be limited to:
(a)
The person not having been the owner or lessee of the vehicle
or vehicles receiving 10 or more parking violation notices on the
date or dates such notices were issued;
(b)
The person having already paid the fine and penalty for the
10 or more violations indicated on the report; or
(c)
The person not having accumulated 10 or more final determinations
of parking violation liability.
(2)
The Code Administrator shall send notice of the decision on the challenge
to the report after receipt thereof.
D.
If a person named in a certified report has paid the previously reported
fine or penalty or if the report is determined by the Code Administrator
to be in error, the Code Administrator shall notify the Secretary
of State in accordance with ILCS Ch. 625, Act 5, § 6-306.5(d).
A certified copy of such notification shall be given, upon request
and at no charge, to the person named therein.
E.
An administrative hearing to contest an impending suspension or suspension
may be had upon filing a written request with the Secretary of State.
Such hearing shall not be a forum to readjudicate the findings of
fact and law issued by the Hearing Officer. The filing fee for this
hearing shall be $20, to be paid at the time the request is made.
The Village shall reimburse the Secretary of State for all reasonable
costs incurred by the Secretary as a result of filing a certified
report, including but not limited to the costs of providing the required
notice and the costs incurred by the Secretary in any hearing conducted
with respect to the report and any appeal from such a hearing. In
the event the owner is found eligible for suspension, such owner shall
reimburse the Village for all of the foregoing costs.