[Adopted 10-9-2007 by Ord. Nos. 07-050, 07-051 and 07-052;
amended in its entirety 4-27-2016 by Ord. No. 16-010]
As used in this article, the following terms shall have the
meanings indicated:
BUILDING INSPECTOR
Any full- or part-time Village employee whose duties include
the inspection or examination of structures in the Village to determine
whether a code violation exists.
CODE
The Village Code, except for any offense under the Illinois
Vehicle Code or a similar offense that is a traffic regulation governing
the movement of vehicles and except for any reportable offense under
Section 6-204 of the Illinois Vehicle Code.
HEARING OFFICER
An employee, officer or agent of the Village, other than
a law enforcement officer, whose duty it is to:
A.
Preside at an administrative hearing called to determine whether
or not a code violation exists;
B.
Hear testimony and accept evidence from all interested parties
relevant to the existence of a code violation;
C.
Preserve and authenticate the transcript and record of the hearing
and all exhibits and evidence introduced at the hearing; and
D.
Issue and sign a written finding, decision, and order stating
whether a code violation exists.
This article does not preclude the Village from using other
methods to enforce the code.
At any time prior to the hearing date, the hearing officer assigned
to hear the case may, at the request of either party, issuing subpoenas
directing witnesses to appear and give testimony at the hearing or
produce tangible things. If on the date set for the hearing the defendant
or his or her attorney fails to appear, the hearing officer may find
the defendant in default and proceed with the hearing.
At the hearing, a hearing officer shall preside, shall hear
testimony, and shall accept any evidence relevant to the existence
or nonexistence of a code violation. The strict rules of evidence
applicable to judicial proceedings shall not apply to hearings authorized
by this article.
At the conclusion of the hearing, the hearing officer shall
make a determination on the basis of the evidence presented at the
hearing as to whether a code violation exists.
The findings, decision and order of the hearing officer shall
be subject to review pursuant to the Administrative Review Law (735
ILCS 5/3-101 et seq.).
A 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 (735 ILCS 5/3-101 et seq.) shall be a debt
due and owing the Village and may be collected in accordance with
applicable law.
In the case of vehicle violations:
A. Failure to make an appearance shall result in additional notices
of violation as provided in this section being sent by first class
mail to the registered owner of the vehicle at his or her address
as recorded with the Secretary of State.
B. A second notice of violation shall be sent to the owner of the cited
vehicle upon the failure of the recipient of a violation notice to
make an appearance. The recipient may appear by either paying the
indicated fine and assessed penalty for late charges or by requesting
a hearing on the merits of the citation in the time and manner specified
on the second notice and attending such hearing at the time, date
and place specified by the Hearing Officer. Failure to appear in the
manner herein prescribed shall result in a final determination of
parking violation liability for the cited violation.
C. A notice of final determination of violation liability shall be sent
to the owner of the cited vehicle upon failure to appear pursuant
to the second notice of violation and after a final determination
of violation liability has been rendered. The recipient may appear
by paying the fine and penalty within the time specified on the notice
and shall be advised that failure to do so may result in the Village
filing a petition in the Circuit Court to have the unpaid fine or
penalty rendered a judgment and that proceedings to suspend the owner's
driver's license be initiated for failure to pay fines or penalties
for 10 or more parking violations.
D. A notice of impending driver's license suspension shall be sent
to the person for whom a final determination of liability was rendered
in accordance on each of 10 or more unpaid parking violations. Failure
to pay the fines and/or penalties owing within 45 days of the notice's
date shall result in notification to the Secretary of State of the
owner's eligibility for initiation of driver's license suspension
proceedings.
[Adopted 2-12-2008 by Ord. No. 08-006; amended in its entirety
at time of adoption of Code (see Art. I)]
Whenever, in this Code or in any other ordinance, any act is
prohibited or is made or declared to be unlawful or an offense, or
the doing of any act is required, or the failure to do any act is
declared to be unlawful, where no specific penalty is provided therefor,
the violation of any such provisions of this Code or of any other
ordinance shall be punished by a fine of not less than $50 nor more
than $1,000. Every day that a violation exists constitutes a separate
offense.
For violations of any ordinance provision regulating, restricting
or prohibiting the standing or parking of motor vehicles along the
streets, byways, alleyways, regulated parking lots or such other locations
as may be controlled by off-street parking agreements, for violations
of any ordinance provisions regulating parking in any area located
within the boundaries of the Village, including handicapped parking,
for violations of regulations for parking during snow removal operations
and for violations regarding the use or condition of vehicular equipment,
the fines shall be set forth in the following schedule:
|
|
Fine Schedule
|
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|
|
General Fine
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Handicapped Parking
|
Parking During Snow Removal Operations
|
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Step 1
|
Upon service of a "hang-on violation notice," the fine amount
prior to or on the first hearing date shall be:
|
$50
|
$250
|
$100
|
Step 2
|
Upon failure to pay the fine amount specified in Step 1, after
the first hearing date the fine shall be:
|
$100
|
$250
|
$250
|
Step 3
|
Upon failure to pay the fine amount specified in Step 2 prior
to or on the second hearing date, the fine amount shall be:
|
$150
|
$250
|
$250
|
Step 4
|
Upon failure to pay the fine amount specified in Step 3 and
failing to appear at the second hearing, the fine amount shall be:
|
$250
|
$250
|
$250
|