[HISTORY: Adopted by the Board of Trustees of the Village
of Oakwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 1, Ch. 1.12, of the 1980 Code]
A.
Any person
violating any of the provisions of or failing to comply with any of
the mandatory requirements of the ordinances of the Village or this
Code is guilty of an offense. Except in cases where different punishment
is prescribed by any ordinance of the Village, any person convicted
of an offense under the ordinances of the Village or this Code shall
be punished by a fine of not more than $750.
B.
Additional
penalties.
(1)
A penalty
imposed for violation of an ordinance may include, or consist of,
a requirement that the defendant do one or both of the following:
(a)
Complete
an education program, except that a holder of a valid commercial driver's
license who commits a vehicle weight or size restriction violation
shall not be required to complete an education program under this
subsection.
(b)
Perform
some reasonable public service work such as but not limited to the
picking up of litter in public parks or along public highways or the
maintenance of public facilities.
(2)
A default
in the payment of a fine or penalty or any installment of a fine or
penalty may be collected by any means authorized for the collection
of monetary judgments. The Village Attorney may retain attorneys and
private collection agents for the purpose of collecting any default
in payment of any fine or penalty or installment of that fine or penalty.
Any fees or costs incurred by the municipality with respect to attorneys
or private collection agents retained by the Village Attorney under
this subsection shall be charged to the offender.
(3)
A low-income
individual required to complete an education program under this subsection
who provides proof of eligibility for the federal earned income tax
credit under Section 32 of the Internal Revenue Code or the Illinois
earned income tax credit under Section 212 of the Illinois Income
Tax Act (35 ILCS 5/212) shall not be required to pay any fee for participating
in a required education program.
Where violation of any ordinance or Code section is made a misdemeanor,
any person convicted of violating such ordinance or Code section shall
be punished by imprisonment not to exceed six months, or by a fine
of not more than $750, or by both such fine and imprisonment.
Each person committing a violation as provided in §§ 56-1 and 56-2 is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the Village is committed, continued, or permitted by any such person, and he shall be punished accordingly.
[Adopted 2-14-2005 by Ord. No. 05-2-14-2]
The Village hereby adopts 65 ILCS 5/1-2.1-1 et seq., and 65
ILCS 5/11-31.1-1 et seq., as they may be amended from time to time.
As used in this article, the following terms shall have the
meanings indicated:
A formal written accusation against a person or entity (i.e.,
a ticket or notice of violation for a violation of the Village Code).
A failure to appear for a scheduled hearing or legal proceeding.
An individual appointed by the Village President, or designated
pursuant to any intergovernmental agreement between the Village and
another municipality, whose powers and duties shall include:
Presiding at all administrative adjudication hearings called
to determine whether or not a violation of the Village Code exists;
Issuing subpoenas directing witnesses to appear and give relevant
testimony at administrative hearings, upon the request of the parties
or their representatives;
Hearing testimony and accepting evidence relevant to the existence
of a violation of the Village Code;
Preserving and authenticating the record of administrative adjudication
hearings and all exhibits and evidence introduced at such hearings;
Issuing determinations, based on the evidence presented at administrative
adjudication hearings, of whether a Village Code violation exists.
The determinations shall be in writing and shall include written findings
of fact, decisions, and orders, including fines, penalties, or actions
with which respondents must comply; and
Imposing penalties consistent with the applicable Village Code
provisions and assessing costs upon finding a respondent liable for
a violation; except, however, that in no event shall the hearing officer
have authority to (i) impose a penalty of incarceration or (ii) impose
a fine in excess of $50,000. The maximum monetary fine under this
article shall be exclusive of the costs of enforcement or the costs
imposed to secure compliance with the Village Code and shall not be
applicable to cases to enforce the collection of any tax imposed and
collected by the Village.
Prior to conducting administrative adjudication proceedings,
hearing officers shall have successfully completed a formal training
program which includes the following:
Instruction on the rules of procedure of the administrative
hearings which they will conduct;
Orientation to each subject area of Village Code, violations
of which may be adjudicated;
Observation of administrative hearings;
Participation in hypothetical cases, including ruling on evidence
and issuing final orders.
In addition, every hearing officer must be an attorney licensed
to practice law in the State of Illinois for at least three years.
The person or entity making a Village Code violation allegation
initiating the administrative adjudication hearing process.
The bare minimum of evidence needed to bring and prove a
case before a hearing officer.
The legal or beneficial owner of real property.
A person or entity who or which is accused of a violation.
The Code of Ordinances of the Village of Oakwood.
All full-time and part-time police officers as well as any
other officer or employee of the Village authorized to enforce the
Village Code.
A.
There is hereby established a Village Code Hearing Department, the
function of which is to expedite the prosecution and correction of
violations of the Village Code in the manner provided by this article.
The Code Hearing Department of the Village is hereby designated to
be the Code Hearing Department of the City of Danville, Illinois,
so long as there exists an intergovernmental agreement between the
Village and the City of Danville that so provides. The hearing officer
and such other agents or employees assigned to the hearing officer
shall constitute the Code Hearing Department.
B.
The adoption of this article does not preclude the Village from using
other lawful methods to enforce the provisions of the Village Code.
An administrative adjudication proceeding under this article
may be initiated for any alleged Village Code violation, except for
an offense that is a traffic regulation governing the movement of
vehicles and except for any reportable offenses under Section 6-204
of the Illinois Vehicle Code (625 ILCS 5/6-204).
The administrative adjudication of Village Code violations pursuant
to this article shall adhere to the following procedures:
A.
Complaint.
(1)
Upon finding an alleged Village Code violation, a Village official
shall prepare and issue a complaint.
(2)
The complaint shall contain, but not necessarily be limited to, the
following information:
(a)
The name and last known address of the respondent;
(b)
The date, time, and location at which the alleged violation
was observed;
(c)
A statement detailing the type and nature of the violation;
(d)
The chapter and section of the Village Code alleged to have
been violated;
(e)
The signature and identification of the Village official issuing
the complaint, which signature shall act as a certification of the
accuracy of all information contained within the complaint;
(f)
The names of witnesses to the alleged violation;
(g)
The date, time and location of the Village Code hearing at which
the alleged violation shall be administratively adjudicated, which
hearing date shall not be less than 30 days nor more than 40 days
after the date of the complaint in nonemergency situations. For purposes
of this article, "nonemergency situation" means any situation that
does not reasonably constitute a threat to the public interests, safety
or welfare. In "emergency situations," meaning those situations that
reasonably constitute threats to the public interests, safety or welfare,
the hearing date shall not be less than three days nor more than seven
days after the date of the complaint.
(3)
The signed complaint shall constitute prima facie evidence of the
violation.
B.
Village Code Hearing Department procedures.
(1)
The original and a copy of the complaint shall be provided to the
Village Code Hearing Department.
(2)
Upon receiving the complaint, the Code Hearing Department shall assign
a docket number to the complaint.
(3)
The Village Code Hearing Department shall retain the complaint as
part of the record of the administrative adjudication hearing.
C.
Service of complaint.
(1)
Respondents shall be served with complaints in a manner reasonably
calculated to give them actual notice of the complaint, including,
as appropriate:
(a)
Personal service upon the respondent or its employees or agents;
(b)
Service by first class mail at the respondent's last known address;
(c)
Notice that is posted upon the property where an alleged violation
is found when the respondent is the owner or manager of the property;
or
(d)
Such other method as is reasonably calculated to provide the
respondent with actual notice of the administrative hearing proceedings.
(2)
The complaint shall be served along with a summons commanding the
respondent to appear at the administrative adjudication hearing. The
summons shall include the following information:
D.
Sufficiency of pleadings.
(1)
The complaint and summons shall be liberally construed with the view
to doing substantial justice between parties.
(2)
If any complaint is insufficient in substance or form, the hearing
officer may order a fuller or more particular statement. If the complaint
does not sufficiently define the issues, the hearing officer may order
another complaint prepared.
(3)
No complaint is bad in substance which contains such information
as reasonably informs the respondent of the nature of the claim which
he is called upon to meet.
(4)
All defects in pleadings, either in form or substance, not objected
to prior to the hearing are waived.
E.
Conduct of administrative adjudication hearings.
(1)
At any hearing conducted pursuant to this article, the respondent
may be represented by counsel, present witnesses or other evidence
on his or her own behalf, and cross-examine opposing witnesses.
(2)
Any party to a hearing conducted pursuant to this article may request
the hearing officer to issue subpoenas directing the attendance and
testimony of relevant witnesses and the production of relevant documents.
(3)
All continued or adjourned hearings shall be scheduled with reasonable
promptness commensurate with the nature and status of the proceeding.
(4)
The formal and technical rules of evidence do not apply in any hearing
under this article. Evidence, including hearsay, may be admitted if
it is of a type commonly relied upon by reasonably prudent persons
in the conduct of their affairs.
(5)
No continuances shall be authorized by the hearing officer except
in cases where a continuance is absolutely necessary to protect the
rights of the respondent. Lack of preparation shall not be grounds
for a continuance. Any continuance authorized by a hearing officer
shall not exceed 25 days.
(6)
All administrative adjudication hearings conducted pursuant to this
article shall be recorded.
(7)
All alleged Village Code violations adjudicated pursuant to this
article shall be prosecuted by the Village Attorney unless there is
an intergovernmental agreement between the Village and another municipality,
in which case they shall be prosecuted by the attorney so designated
in that agreement.
(8)
The case for the respondent may be presented by the respondent, his
or her attorney, or any other agent or representative.
(9)
The burden of proof in all Village Code violations adjudicated pursuant
to this article shall be upon the respondent to refute the prima facie
case set forth in the complaint. Such burden shall be by a preponderance
of the evidence.
(10)
Hearings shall regularly take place on Thursdays at 5:30 p.m. in
the Danville City Council Chambers on the lower level of the Municipal
Building, 17 West Main Street, Danville, IL, or such other days and
times as may be necessary and designated by the Code Hearing Department.
F.
Failure to appear. If, on the date set for hearing, the respondent
or his or her attorney fails to appear, the hearing officer may find
the respondent in default and shall proceed with the hearing and accept
evidence relevant to the existence of a Village Code violation.
A.
At the conclusion of an administrative adjudication hearing, the hearing officer shall make a determination, on the basis of the evidence presented at the hearing, whether a Village Code violation exists. The determination shall be in writing and shall be designated as the findings, decision and order. The findings, decision and order shall include the hearing officer's findings of fact, a decision of whether a Village Code violation exists based upon the findings of fact, and an order directing and ordering the respondent to correct the violation or, in the event a violation is not proved, dismissing the case. If a Village Code violation is proved, the order shall also impose the sanctions that are provided in the Village Code for the violation proved as well as the costs of the administrative adjudication proceeding as set forth in § 56-10.
B.
A copy of the findings, decision and order shall be served upon the
respondent within five days after it is issued. Service of the copy
upon the respondent shall be in the same manner as a complaint and
summons may be served under this article.
C.
Payment of any penalty or fine and disposition of fine money shall
be in the same manner as set forth in the Village Code, unless the
payment method shall be otherwise provided for by an intergovernmental
agreement.
D.
In the event that the findings, decision and order of the hearing
officer directs the correction of the violation, the hearing officer
shall also establish a status hearing date scheduled after the date
established for the correction of the violation, at which status hearing
compliance with the corrective direction shall be determined. At such
time, the hearing officer shall hear testimony and accept evidence
relevant to the corrective actions of the respondent. If the hearing
officer determines that the Village Code violation has not been corrected
as directed, additional sanctions may be imposed as provided by the
Village Code.
If a Village Code violation is proved and the respondent is
ordered to pay the costs of the administrative adjudication proceeding,
the following costs shall be paid by the respondent pursuant to such
order:
The findings, decision and order of the hearing officer shall
be subject to the review in the Circuit Court for the Fifth Judicial
Circuit, Vermilion County, Illinois, and the provisions of the Administrative
Review Law (735 ILCS 5/3-101 et seq.), and all amendments and modifications
thereto, and the rules adopted pursuant thereto, are adopted and shall
apply to govern every action for the judicial review of the findings,
decision and order of the hearing officer under this article.
A.
Any 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
Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.), are
a debt due and owing to the Village and may be collected in accordance
with applicable law.
B.
After expiration of the period in which judicial review under the
Illinois Administrative Review Law may be sought for a final determination
of a Village Code violation, 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.
C.
In any case in which a respondent has failed to comply with an order
directing the respondent to correct a Village Code violation or imposing
any fine or other sanction as a result of a Village Code violation,
any expenses incurred by the Village to enforce the order, including,
but not limited to, its attorney's fees, court costs and costs related
to property demolition or foreclosure, after they are fixed by a court
of competent jurisdiction, shall be due and owing the Village and
may be collected in accordance with applicable law. Prior to any expenses
being fixed by a hearing officer pursuant to this subsection, the
Village shall provide a notice to the respondent that states that
the respondent shall appear at a hearing before the hearing officer
to determine whether the respondent has failed to comply with the
order. The notice shall set the date for such hearing, which shall
not be less than seven days from the date that notice is served. If
notice is served by mail, the seven-day period shall begin to run
on the date that the notice was deposited in the mail.
D.
Upon being recorded in the manner required by Article XII of the
Illinois Code of Civil Procedure (735 ILCS 5/12-101 et seq.), a lien
shall be imposed upon the real estate of the respondent in the amount
of any debt due and owing under this article. The lien may be enforced
in the same manner as a judgment lien pursuant to a judgment of a
court of competent jurisdiction.
E.
The hearing officer may set aside any order entered by default and
set a new hearing date upon a petition filed within 21 days after
the issuance of the order of default, if the hearing officer determines
that the petitioner's failure to appear at the hearing was for good
cause or at any time if the petitioner establishes that the Village
did not provide proper service of process. If any judgment is set
aside pursuant to this subsection, the hearing officer shall have
the authority to enter any order extinguishing any lien which has
been recorded for any debt due and owing the Village as a result of
the vacated default order.[1]
An order to correct a Village Code violation and the sanctions
imposed by the Village as a result of a finding of a Village Code
violation under this article shall attach to the property as well
as to the property owner, so that a finding of a Village Code violation
against one property owner cannot be avoided by conveying or transferring
the property to another owner. Any subsequent transferee or property
owner takes subject to the findings, decision and order of the hearing
officer under this article.
It shall be a defense to a Village Code violation charged under
the Village's building or zoning codes which establish construction,
plumbing, heating, electrical, fire prevention, sanitation or other
health and safety standards that are applicable to the structures
in the Village, if the respondent proves by a preponderance of the
evidence that:
A.
The alleged Village Code violation does not, in fact, exist or at
the time of the hearing the violation has been remedied or removed;
B.
The Village Code violation has been caused by the current property
occupants and that, in spite of reasonable attempts by the respondent
to maintain the dwelling free of such violations, the current occupants
continue to cause the violations; or
C.
An occupant or resident of the dwelling has refused entry to the
respondent or his agents to all or part of the dwelling for the purpose
of correcting the Village Code violation.
