[11-15-2010]
The Village of Thornton adopts 65 ILCS 5/1-2.1-1 et seq. in
its current form and as it may be amended from time to time for adjudication
of Village Code violations to the extent permitted by the Illinois
Constitution.
[11-15-2010]
As used in this chapter, unless the context requires otherwise:
Any municipal ordinance, law, housing or Building Code or
zoning ordinance that establishes construction, plumbing, heating,
electrical, fire prevention, sanitation or other health and safety
standards that are applicable to structures in a municipality, but
not any municipal ordinance that requires the cutting of weeds or
grass, the removal of garbage and debris, the removal of inoperable
motor vehicles, or the abatement of nuisances from private property.
Any municipal ordinance, law, housing, building or zoning
ordinance.
An attorney who meets the qualifications enumerated in 65
ILCS 5/1-2.1-4.
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This chapter does not preclude the Village from using other
methods to enforce the provisions of its Code.
[11-15-2010]
A.
There is hereby established a Code Hearing Department in the
Village government. The Code Hearing Department shall have jurisdiction
to adjudicate any violation of this Code or any other Village ordinance
(hereinafter referred to from time to time as "code violations") except
for:
1.
Proceedings not within the statutory or the home rule authority
of municipalities (625 ILCS 5/1-100 et seq.); and
2.
Any offense under the State Vehicle Code (625 ILCS 5/1-100 et
seq.) or a similar offense that is a traffic regulation governing
the movement of vehicles, except for any offense under 625 ILCS 5/6-204.
[11-15-2010]
A.
Adjudicatory hearings shall be presided over by hearing officers
appointed by the Mayor with the consent of the Board. The powers and
duties of a hearing officer shall include the following:
1.
Hearing testimony and accepting evidence that is relevant to
the existence of the code violation;
2.
Issuing subpoenas, directing witnesses to appear and giving
relevant testimony at the hearing, upon the request of the parties
or their representatives;
3.
Preserving and authenticating the record of the hearing and
all exhibits and evidence introduced at the hearing;
4.
Issuing a determination, based on the evidence presented at
the hearing, of whether a code violation exists; provided, that, the
determination shall be in writing and shall include a written finding
of fact, decision, and order including the fine, penalty, or action
with which the defendant must comply; and
5.
Imposing penalties consistent with applicable code provisions
and assessing costs upon finding a party liable for the charged violation,
except, however, that in no event shall the hearing officer have authority
to do any of the following:
a.
Impose a penalty of incarceration; or
b.
Impose a fine in excess of $50,000, or at the Village's
option, such other amount not to exceed the maximum amount established
by the mandatory arbitration system as prescribed by the State Supreme
Court rules from time to time for the judicial circuit in which the
Village is located. The maximum monetary fine under this item, shall
be exclusive of costs of enforcement or costs imposed to secure compliance
with the Village's ordinances and shall not be applicable to
cases to enforce the collection of any tax imposed and collected by
the Village.
[11-15-2010]
A.
Due process required; service of process. Parties to administrative
adjudication shall be afforded due process of law, including notice
and an opportunity for a hearing. Parties shall be served with process
in a manner reasonably calculated to give them actual notice, including,
as appropriate, the following methods:
B.
Notice. Parties shall be given notice of an adjudicatory hearing
which includes the following information:
1.
A citation to the code provision allegedly violated and the
factual basis supporting the allegation;
2.
Type and nature of the code violation to the adjudicated;
3.
Date and location of the adjudicatory hearing;
4.
Legal authority and jurisdiction under which the hearing is
to be held; and
5.
Penalties for failure to appear at the hearing.
C.
Hearing. The following procedures shall be utilized when conducting
a hearing:
1.
Parties shall be provided with an opportunity for a hearing
during which they may be represented by counsel, present witnesses,
and cross examine opposing witnesses.
2.
Parties may request the hearing officer to issue subpoenas to
direct the attendance and testimony of relevant witnesses and the
production of relevant documents.
3.
Hearings shall be scheduled with reasonable promptness; 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
subsection, the term "nonemergency situation" means any situation
that does not reasonably constitute a threat to the public interest,
safety, or welfare. If service is provided by mail, the fifteen-day
period shall begin to run on the day that the notice is deposited
in the mail.
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If on the date set for hearing the defendant or his attorney
fail to appear, the hearing officer may find the defendant in default
and shall proceed with the hearing and accept evidence relative to
the existence of a Code violation.
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No continuances shall be authorized by the hearing officer in
proceedings under this chapter except in cases where a continuance
is absolutely necessary to protect the rights of the defendant. Lack
of preparation shall not be grounds for a continuance. Any continuance
authorized by a hearing officer under this Department shall not exceed
45 days. The case for the municipality may be presented by a municipality
employee or by an attorney designed by the municipality. However,
in no event shall the case for the municipality be presented by an
employee of the Code Hearing Department. The case for the defendant
may be presented by the defendant, his attorney, or any other agent
or representative.
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At the hearing, a hearing officer shall preside and shall hear
testimony and accept the evidence relevant to the existence or non-existence
of a Code violation. The strict rules of evidence applicable to judicial
proceedings shall not apply to hearings authorized by this chapter.
It shall be a defense to a Building Code violation charged under this
chapter if the owner, his attorney or any other agent or representative
proves to the hearing officer's satisfaction that the code violation
alleged in the notice has been remedied or removed at the time of
hearing.
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At the conclusion of the hearing, the hearing officer shall
make a determination on the basis of the evidence presented at the
hearing whether or not a Code violation exists. The determination
shall be in writing and shall be designated as findings, decision
and order. The findings, decision and order shall include the hearing
officer's finding of fact, a decision whether or not a Code violation
exists based upon the findings of facts, and an order that states
the sanction or dismisses the case if a violation is not proved. A
monetary sanction for a violation under this chapter shall not exceed
the amount provided for in 65 ILCS 5/1-2-1 in its current form and
as amended from time to time. A copy of the findings, decision and
order shall be served on the defendant within five days after they
are issued; service shall be in the same manner as the report form
and summons are served under this chapter. Payment of any penalty
or fine and the disposition of fine money shall be in the same manner
as set forth in the Code.
[11-15-2010]
The municipality adopts by reference all current and future
local ordinances, and those provisions of Illinois Compiled Statutes
governing property or zoning codes applicable to structures or properties
relative to construction, plumbing, heating, electrical, fire prevention,
sanitation and other health and safety standards in the municipality,
and the fines and sanctions contained therein, for its enforcement
and adjudication within the geographical boundaries of the municipality.
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The findings, decision and order of the hearing officer shall
be subject to review in the Circuit Court of Cook County, 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 and govern every action
for the judicial review of the final findings, decision and order
of a hearing officer under this chapter.
[11-15-2010]
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 are a debt due and owing the municipality
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 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 defendant has failed to comply with a judgment ordering a defendant to correct a Code violation or imposing any fine or other sanction as a result of a Code violation, any expenses incurred by a municipality to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law. Prior to any expenses being fixed by a hearing officer pursuant to this Subsection C, the municipality shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a 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 Code of Civil Procedure or by the Uniform Commercial Code, a lien
shall be imposed on the real estate or personal estate, or both, of
the defendant in the amount of any debt due and owing the municipality
under this section.
E.
The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. A hearing officer may set aside any judgment 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 municipality did not provide proper service of process. If any judgment is set aside pursuant to this Subsection E, the hearing officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the municipality as a result of the vacated default judgment.
