The ordinances embraced in this and the following chapters and sections shall constitute and be designated "The Code of the City of Bloomington, Illinois, 1960" and may be so cited. Such ordinances may also be cited as the "Bloomington City Code, 1960."
A.
In the interpretation and construction of this Code, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of Council or the context clearly requires otherwise:
City. The words "City" or "the City" mean the City of Bloomington in McLean County, State of Illinois, except as otherwise provided.
Council. The words "Council" or "the Council" mean the Council of the City of Bloomington, Illinois.
County. The words "county" or "the county" mean McLean County in the State of Illinois.
In the City. The words "in the City" or "within the City" mean and include all territory over which the City now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
Occupant or tenant. The words "occupant" or "tenant" applied to a building or land mean any person who holds a written or oral lease of or actually occupies the whole or part of such building or land, either alone or with others.
Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.
Owner. The word "owner" applied to a building or land shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant of the whole or a part of such building or land.
Person. The word "person" means any individual, partnership, corporation, joint stock association or any City or state or any subdivision thereof; and includes any trustee, receiver, assignee, or personal representative thereof.
Personal property includes every species of property except real property as defined in this section.
Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.
Property. The word "property" shall include real and personal property.
Real property shall include lands, tenements, and hereditaments and shall embrace all chattels real.
Sidewalk. The word "sidewalk" means that portion of a street between the curblines, or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
State. The word "state" or "the state" mean the State of Illinois.
Street. The word "street" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right for purposes of vehicular traffic.
Tense. Words in the present tense include the future.
B.
Other definitions and rules of construction. In addition to the definitions and rules of construction hereinabove set out, the provisions of Chapter 131, Section 1 et seq., Ill. Rev. Stat. 1959, so far as the same are applicable and not inconsistent with the manifest intent of the City Council, are hereby adopted for the construction of the various provisions of the Code of 1960 and all general ordinances passed hereafter.
The captions of the several sections of this Code printed in boldface type are intended as mere catch words to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor unless expressly so provided shall they be so deemed when any such sections, including the captions, are amended or reenacted.
The provisions appearing in this Code, so far as they are substantially the same as those of the ordinances existing at the time of the adoption of this Code shall be construed as a continuation thereof and not as new enactments.
Should any section, paragraph, sentence, clause, phrase, or word of this Code be declared invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining words, phrases, clauses, sentences, paragraphs or sections of this Code, since the same would have been enacted by Council without the incorporation in this Code of any such invalid or unconstitutional word, phrase, clause, sentence, paragraph or section.
[Ord. No. 2009-51]
Whenever in this Code or in any future Ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or such Ordinance 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 therefore, the violation of any such provision in this Code or any such Ordinance shall be punished by a fine of not less than $50 nor more than $500. Each day any violation of any provision of this Code or of any such Ordinance shall continue shall constitute a separate offense.
[Ord. No. 2004-108]
All actions brought to enforce any fine, imprisonment, penalty or forfeiture under this Code or other Ordinances of the City shall be brought in the corporate name of the City as plaintiff. No prosecution, recovery, conviction, or acquittal for a violation of any provision of this Code or any other Ordinance of the City shall constitute a defense to any prosecution of the same party for any other violation of the same provision of the Code or same Ordinance or any Code provision or Ordinance, although the different causes of action existed at the same time, and if united, would not have exceeded the jurisdiction of the court or magistrate.
[Ord. No. 2004-108]
In all actions for the violation of any provision of this Code or other Ordinance of the City, the first process shall be an Appearance Notice on a bond form or Complaint, a Notice to Appear, a Summons or a Warrant. If process is accomplished through the service of Summons by a special process server, then the Corporation Counsel or any other attorney representing the City in the matter for which Summons was served, may request the court to tax a $16 service fee as a cost in the proceeding.
[Amended by Ord. No. 2009-51; 9-13-2021 by Ord. No. 2021-66]
A.
Any City employee or other person designated by the City Manager may issue citations to persons who are believed to have violated the sections of the Bloomington City Code hereinafter specified. The citations may give the alleged violator the option to settle the case by paying a fine, as outlined in the applicable section of the City Code, if payment is made within the time and in the manner set forth in Subsection B of this section. As used in this chapter, "behavioral ordinance violations" shall refer to violations of the provisions set forth in Chapter 28 of the City Code and other violations of the City Code directly involving the person or body and shall exclude housing ordinance violations. As used in this chapter, "housing ordinance violations" shall refer to violations of the City Code involving real property, property maintenance, building code as defined in § 1-110, inoperable vehicles, zoning, offenses of Chapter 45, and similar building, property and maintenance offenses.
B.
Citations for behavioral ordinance violations may be settled by payment of the fine indicated on the citation if made within 15 days after the date the citation was issued to the person accused of such violation. Payment shall be made by cash, credit card or check made payable to the City of Bloomington. Failure to make payment within the fifteen-day period will result in referral of the citation to the Legal Department for further action.
C.
The original copy of any citation issued pursuant to this section shall be delivered to the Finance Department. The Finance Department shall hold citations for the fifteen-day period allowed for settlement by payment of the fine and at the end of that period of time the citation shall be delivered to the Legal Department for the filing of a complaint for ordinance violation in either the City's Administrative Court or the McLean County Circuit Court.
D.
For citations for behavioral ordinance violations, at the discretion of the Corporation Counsel or his or her designee, citations may be settled by the entry of a plea agreement in either Administrative Court or Circuit Court, whichever is applicable, or by alternative disposition as provided in Subsection G. The Corporation Counsel or his or her designee may dismiss behavioral cases or decline settlement offers where deemed in the best interests of the City. To the extent the provisions of this subsection conflict with any other provisions of the City Code, the provisions of this subsection shall govern and control.
E.
For citations for housing ordinance violations, at the discretion of the Corporation Counsel or his or her designee, and upon consultation with the Director of the Department of Economic and Community Development, or his or her designee, citations may be settled by the entry of a plea agreement in either Administrative Court or Circuit Court, whichever is applicable. The Corporation Counsel or his or her designee may dismiss housing cases or decline settlement offers where deemed in the best interests of the City. To the extent the provisions of this subsection conflict with any other provisions of the City Code, the provisions of this subsection shall govern and control.
F.
[Intentionally Left Blank]
G. ALTERNATIVE DISPOSITION COMMUNITY SERVICE(1) (2) (3) COUNSELING EDUCATION PROGRAM
Any citation for a behavioral ordinance violation issued pursuant to this section may be settled by alternative disposition. As defined in this section:
Community service, counseling, and/or education programs.
Any reasonable public service work, including, but not limited to, the picking up of litter in public parks or along public highways or the maintenance of public facilities;
The performance of hours of service with an agency, organization or school approved for participation in the City of Bloomington Alternative Disposition Program by the Corporation Counsel or his or her designee.
Each eight hours of community service shall be the equivalent of $100 in fines.
Participation in a drug or alcohol counseling or treatment program approved for participation in the City of Bloomington Alternative Disposition Program by the Corporation Counsel or his or her designee.
Any curriculum, course of study, or class approved for participation in the City of Bloomington Alternative Disposition Program by the Corporation Counsel or his or her designee. Such programs may include, but are not limited to, job training, literacy, smoking cessation, and general education degree courses.
H.
When imposing a sentence following conviction for violation of any behavioral ordinance violation contained in this Code, the Court may, upon recommendation by the Corporation Counsel, impose a sentence of alternative disposition as defined in Subsection G. Each eight hours of community service shall be the equivalent of $100 in fines. Defendant shall pay all court costs.
A. ALLEGED VIOLATOR BUILDING CODE CHRONIC PROPERTY CITY PROSECUTOR CODE VIOLATION COURT COSTS HEARING OFFICER(1) (2) (3) (4) (5) INSPECTOR/PUBLIC OFFICIAL NON-BUILDING CODE OFFICER
Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Person charged with violating any ordinance or law in the City of Bloomington.
Any City ordinance or law that establishes construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards that are applicable to structures in the City.
A property location that has had more than one violation issued against the property location within 12 calendar months of the initial violation occurrence.
An attorney licensed to practice law in Illinois, designated by the Corporation Counsel, to represent the City in the City's administrative adjudication court. Upon consultation with the City Manager, the City Prosecutor shall have discretion to determine how the City proceeds on cases and to offer plea agreements resolving citations to the hearing officer.
[Added 9-13-2021 by Ord. No. 2021-66]
Non-compliance with any building code or non-building code ordinance or law adopted by the City.
The costs associated with operating the City's administrative court, including the payment of the hearing officer, City attorneys, clerical staff and service fees.
Also known as an Administrative Law Judge, is a licensed attorney in the State of Illinois who is appointed by the City Manager and who meets the requirements of Subsection D of this section whose duty it is to:
Preside at an administrative hearing called to determine whether or not a Code violation exists;
Hear testimony and accept evidence from the inspector, the building or property owner and all interested parties relevant to the existence of a Code violation;
Take judicial notice of all public records of McLean County, Illinois;
Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; and
Issue and sign a written finding, decision and order stating whether a Code violation exists.
A City employee whose duties may include the inspection and examination of structures or property in the City to determine if zoning or other Code violations exist.
Any City ordinance or law, except for a building code ordinance or law, which prohibit certain actions or behaviors that are contrary to the public's health, safety and welfare.
A full or part-time Bloomington Police Department Officer or Security Officer.
B.
Code Hearing Division.
(1)
There is hereby established a Code Hearing Division, the function of which is to expedite the prosecution and correction of Code violations in the manner set out in this section. The Administrative Law Judge and such other agents or employees assigned to assist the Administrative Law Judge by the City Manager shall constitute the Code Hearing Division.
(2)
The adoption of this section does not preclude the City from using other lawful methods to enforce the provisions of this Code.
(3)
Hearings may either be held in person at a location designated by the Corporation Counsel or held electronically as designated by the Corporation Counsel.
[Added 9-13-2021 by Ord. No. 2021-66]
C.
Powers of the Hearing Officer. The Administrative Law Judge shall have the following powers:
(1)
Preside at an administrative hearing called to determine whether or not a Code violation exists;
(2)
Hear testimony and accept evidence that is relevant to the existence of a Code violation;
(3)
Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
(4)
Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
(5)
Issue a written determination based on the evidence presented at the hearing, stating whether a Code violation exists. 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
(6)
Impose court costs in the amount of $110 for each case that appears in Administrative Court. When a violation is not abated and/or behavioral fine is not paid in full prior to the first court appearance in Administrative Court, the minimum penalties shall be imposed consistent with applicable Code provisions and upon finding a party liable for the charged violation. In lieu of court costs, the Administrative Law Judge may approve a plea agreement in cases if offered by both the City Prosecutor and the defendant. The maximum monetary fine under this section shall not exceed $50,000 per violation. The fine shall be exclusive of costs of enforcement or costs imposed to secure compliance with the City's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality.
[Amended 9-13-2021 by Ord. No. 2021-66]
(7)
Issue a determination of chronic property, status and order re-inspection dates at a minimum of three months, six months and 12 months.
(8)
Adopt rules of procedures for hearings, whether in-person or virtually.
[Added 9-13-2021 by Ord. No. 2021-66]
D.
Requirements of the Administrative Law Judge.
(1)
Prior to conducting a hearing as provided under this section, the Administrative Law Judge shall have successfully completed a formal training program which includes the following:
(a)
Instruction on the rule of procedure of the administrative hearings which he or she will conduct;
(b)
Orientation to each subject area of the Code violations that they will adjudicate;
(c)
Observation of administrative hearings;
(d)
Participation in hypothetical cases, including ruling on evidence and issuing final orders;
E.
Code hearing procedure.
(1)
When an inspector, public official, or officer finds a code violation, he shall note the violation on a violation notice and report form, indicating the name and address of the property owner of alleged violator, the type and nature of the violation, the date and time the violation was observed, the names of witnesses to the violation, and the address of the property or location where the violation was observed. A chronic property which has been to Administrative Court once already within a rolling calendar year, shall be immediately referred to Administrative Court on any and all future violations. Individuals who have not been to Administrative Court within a rolling calendar year on a property code violation will first be sent a notice and abatement opportunity in accordance with the procedures of the Department of Economic and Community Development.
[Amended 10-26-2020 by Ord. No. 2020-69]
(2)
The violation report form shall be forwarded by the inspector or officer to the Code Hearing Division where a docket number shall be affixed to the form and a hearing date noted in the blank spaces provided for that purpose on the form. For any Code violation, the hearing date shall not be less than 14 days after a Code violation is reported by the inspector or officer. Hearings shall be scheduled with reasonable promptness, provided that an alleged violator shall have at least 16 days after service of process to prepare for a hearing. 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.
(3)
One copy of the violation report form shall be maintained in the files of the Code Hearing Division and shall be part of the record of hearing; one copy of the report form shall be returned to the inspector or officer; and one copy of the report form shall be served by personal service or first class mail on the alleged violator or the owner of the property, in the case of a code violation, along with a summons commanding the owner to appear at the hearing. For Code violations, if the name of the owner of the property cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the property where the violation was found, not less than 16 days before the hearing date.
(4)
Parties shall be served with process in a manner reasonably calculated to give them actual notice, including, as appropriate, personal service of process upon a party or its employees or agents; service by mail at a party's address; or notice that is posted upon the property where a Code violation is found when the party is the owner or manager of the property.
(5)
Parties shall be given notice of the hearing which includes the type and nature of the Code violation to be adjudicated, the date and location of the hearing, the legal authority and jurisdiction under which the hearing is to be held, and the penalties for failure to appear at the hearing. At the first appearance, the alleged violator shall admit or deny whether the alleged violation(s) exists. For housing ordinance violations, if the alleged violator admits the existence of the violation(s), a compliance date shall be set by the Administrative Law Judge by which the alleged violator must remedy the violations. If the alleged violator denies the existence of the violation(s), an adjudicatory hearing will be set at which time the Administrative Law Judge will determine whether the violations exist. Upon a finding that the Code violation(s) exists at the time of the adjudicatory hearing, the Administrative Law Judge shall order the alleged violator to remedy the violations by a date certain and set the matter for a compliance hearing. An adjudicatory hearing shall be held within 60 days of the issuance of the summons and violation notice. The Administrative Law Judge may grant a continuance by either party for good cause shown.
[Amended 9-13-2021 by Ord. No. 2021-66]
(6)
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. Parties may request the Administrative Law Judge to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents.
(7)
If the Administrative Law Judge determines the property falls within the chronic property definition, the property owner shall be notified in Administrative Court that this property location is considered a chronic property and the provisions of this subsection shall apply. Chronic property shall not be offered dismissal of the case upon payment of court costs and abatement. Rather, a code violation issued on a chronic property shall be placed on an inspection schedule with minimum inspections being held at three months from the first administrative court date, six-month inspection from the first administrative court date and a 12 month status check from the first administrative court date. If the property has no further violations within that twelve-month time frame, the Administrative Court case shall be dismissed upon payment of court costs, any applicable re-inspection fees, and the minimum fines. If violations are found within the twelve-month period, the Administrative Law Judge shall order a fine of no-less the minimum set forth in the applicable City Code provisions.
F.
Subpoenas. At any time prior to the hearing date, the Administrative Law Judge assigned to hear the case may, at the request of the inspector, the officer, attorney for the City, or the alleged violator or his attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing.
G.
Default.
(1)
If on the date set for hearing the alleged violator or his attorney fails to appear, the Administrative Law Judge may find the alleged violator in default and shall proceed with the hearing and accept evidence relevant to the existence of a Code violation.
H.
Representation at Code hearings and continuances.
(1)
The case for the City may be presented by an attorney designated by the City Manager. However, in no event shall the case for the City be presented by an employee of the Code Hearing Division. The case for a property owner involving a housing ordinance violation may be presented by the owner, his attorney, or any other agent or representative as allowed by law. The case for an alleged violator involving a behavioral ordinance violation may be presented by the alleged violator or his attorney.
[Amended 9-13-2021 by Ord. No. 2021-66]
(2)
For Code violations, continuances shall only be authorized by the Administrative Law Judge and/or by agreement with City Legal. Lack of preparation shall not be grounds for a continuance in proceedings under this section except in cases where good cause is shown at the hearing.
I.
Evidence at hearing.
(1)
At the hearing, an Administrative Law Judge shall preside and shall hear testimony and 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 section. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(2)
All testimony shall be given under oath or affirmation.
J.
Retaliatory action against occupants prohibited. No action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceedings shall be threatened or instituted against an occupant of a dwelling solely because such occupant agrees to testify or testifies at a Code violation hearing.
K.
Defenses to Code violations. It shall be a defense to a Code violation charged under the Bloomington City Code if the owner, his attorney, or any other agent or representative proves to the Hearing Officer's satisfaction that:
(1)
The Code violation alleged in the notice did not in fact exist at the time of the alleged violation; or
(2)
For violations of a building code or property code, the Code violation has been removed or remedied by the alleged violator at the time of the first court appearance, but only if the alleged violator has not had a Code violation within the previous 24 months. The violator shall be required to provide proof of compliance.
[Amended 9-13-2021 by Ord. No. 2021-66]
L.
Findings, decision, order of the Hearing Officer, hearing costs.
(1)
At the conclusion of the hearing, the Administrative Law Judge 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 the findings, decision and order. The findings, decision and order shall include the Hearing Officer's findings of fact, a decision whether or not a Code violation exists based upon the findings of fact, and an order, ordering the owner to correct the violation or dismissing the case in the event a violation is not proved. If a Code violation is proved, the order may also impose the sanctions that are provided in the Code for the violation proved. A copy of the findings, decision and order shall be served on the owner within five days after they are issued. Service shall be in the same manner as the report form and summons are served pursuant to Subsection E of this section. Payment of fines shall be made as directed by the City Manager and the disposition of fine money may be determined, from time to time, by separate ordinance or resolution of the City Council.
(2)
In the event that the order provided for the correction of the violation, the Administrative Law Judge shall establish a hearing date which would be after the date established for the correction of the violation in order to determine compliance with the order. At such time, the Administrative Law Judge shall hear testimony and accept any evidence relevant to the abatement of the violation in accordance with the order.
(3)
Unless a finding of not liable is made by the Administrative Law Judge pursuant to Subsection K(1), the Administrative Law Judge shall order payment of court costs in the amount of $110. The costs shall become an amount due and owing to the City and shall be part of the order issued against the violator.
[Amended 9-13-2021 by Ord. No. 2021-66]
M.
Administrative review law to apply. Any final decision by an Administrative Law Judge 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. 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. Any failure to pay such fee shall subject the party seeking review to the provisions of 735 ILCS 5/3-109, including dismissal of the complaint on a motion by the City.
N.
Enforcement of judgment.
(1)
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.
(2)
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 Administrative Law Judge may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(3)
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 an Administrative Law Judge pursuant to this Subsection N(3), the City shall provide notice to the defendant that states that the defendant shall appear at a hearing before the Administrative Law Judge 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.
(4)
Upon being recorded in the manner required by Article XII of the Code of Civil Procedure[1] or by the Uniform Commercial Code,[2] 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 City under this section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
(5)
An Administrative Law Judge 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 Administrative Law Judge 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 City did not provide proper service of process. If any judgment is set aside pursuant to this Subsection N(5), the Administrative Law Judge shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the City as a result of the vacated default judgment.
O.
Findings and sanctions to run with property on Code violations. The order to correct a Code violation and the sanctions imposed by the City as the result of a fine of a Code violation under this section 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 property takes subject to the findings, decision and order of a Hearing Officer under this section.
[Ord. No. 2018-81]
[Ord. No. 2004-108]
The City Clerk shall keep two copies of this Code current. These copies shall be printed, pasted, or otherwise mounted on paper sufficiently thick and tough to withstand heavy usage, and shall be preserved by the City Clerk in a book or binder in loose-leaf form, or in such other form as the City Clerk may consider most expedient, so that all amendments thereto and all general Ordinances hereafter passed may be inserted in their appropriate places in such volumes, and all sections of this Code or Ordinances repealed from time to time may be extracted therefrom for the purpose of maintaining such two copies in such condition that they will show all general Ordinances passed up to date at any time in such manner that ready reference may be had thereto.
[Ord. No. 2004-108]
Ten copies of all ordinances of a general and permanent nature shall be submitted to the City Clerk prior to the introduction of such Ordinances to the City Council. One copy of such Ordinance shall be delivered to the Legal Department of the City by the City Clerk, one to the City Manager and one each to the members of the Council.
[Ord. No. 2004-108]
The enacting style of all Ordinances shall be: "Be it ordained by the City Council of the City of Bloomington."
[Ord. No. 2004-108]
All Ordinances passed by the City Council must be signed by the Mayor or by two members of the Council.
A.
The City Clerk shall record, in a book used exclusively for that purpose, all ordinances passed by the City Council. Immediately following each ordinance, the City Clerk shall make a memorandum of the date of the passage and publication, where required, of the ordinance.
B.
This record and memorandum, or a certified copy thereof, shall be prima facie evidence of the contents, passage, and of the publication or posting of ordinances.
[Ord. No. 2004-108]
A.
The contents of all City ordinances, the date of passage, and the date of publication or posting, where required may be proved by the certificate of the City Clerk, under the seal of the City.
B.
Whenever City ordinances are printed in book or pamphlet form, and purport to be published by authority of the City Council, such book or pamphlet shall be prima facie evidence of the contents, passage, and legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts and administrative tribunals.
[Ord. No. 2004-108]
A.
All ordinances of the City imposing any fine, penalty, imprisonment or forfeiture, or making any appropriation shall: (1) be printed in book or pamphlet form, published by authority of the City Council; or (2) be published at least once, within 10 days after passage, in one or more newspapers published in the City. No such ordinance shall take effect until 10 days after it is so published.
B.
All other ordinances, resolutions and motions shall take effect upon their passage unless they otherwise provide.
[Ord. No. 2004-108]
[Ord. No. 2004-108]
All the printed books containing the revised ordinances shall be in the custody and keeping of the City Clerk. He shall deliver one copy thereof to each officer of the City, and to such other persons as the City Manager may direct. The City Manager shall have authority to extend to, or reciprocate courtesies of other cities, by presenting to them a copy of the revised ordinances bound at the expense of the City in such a manner as to him may seem advisable.
[Ord. No. 2004-108]
Printed copies containing this Code and any ordinance imposing any fine, penalty, imprisonment, or forfeiture, or making any appropriation which may be printed in book or pamphlet form, published by authority of the City Council, shall so long as such books or pamphlets are in supply be available for distribution to the public. The City Manager may impose a reasonable price commensurate with the cost of the printing thereof for the distribution of such book or pamphlet to the public.
[Ord. No. 2004-108]
When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause, or provision unless it shall be therein so expressly provided.
[Ord. No. 2004-108]
A seal or disc in a circular form with the words "City of Bloomington, Illinois" on the outer circle, and in the interior and center of said circle the word "seal" shall be the seal of the City of Bloomington, to be used in all cases that have been or shall hereafter be provided by the laws of the United States, the laws of the several respective states of the United States, and the ordinances of the said City of Bloomington, and in all cases in which by laws and customs of corporations it is necessary to use a seal by a corporation.
[Ord. No. 2004-108]
The City Clerk shall be the custodian of the corporate seal. He shall affix the impression of the corporate seal to all commissions or other official documents required to be issued by him and attest or countersign the same. He shall affix the seal to all official acts of the Mayor which require it and, if necessary, attest the same. He shall also certify, under the corporate seal, copies of any records, ordinances, documents, or papers in his office when required by any City officer or other person. In no case shall the impression of the corporate seal be binding upon the City, unless it be authorized by the laws or ordinances of the City and is attested by the official signature of the City Clerk.
[Ord. No. 2004-108]
Official time shall be that designated by the law of the State of Illinois.
[Ord. No. 2004-108]
Base for City Levels. The permanent grades of streets and alleys in the City hereinafter fixed, are referred to a plane as base or datum for all City levels; said plane referred to is 120.58 feet below the center of an aluminum plate placed near the southeast corner of the McLean County Court House by the United States Geological Survey.
A.
The City's Schedule of Fees for the various licenses, permits, services and other fees required under this Code or as otherwise established by law be on file with the City Clerk and shall be available for public inspection or copying and be made available on the City's website.
B.
Except for the fees identified in Subsection C, beginning in 2021, there shall be a biennial review of the Schedule of Fees as set forth herein. As part of each review, the director of each City Department may requires up to a 5% increase in the fees and charges within their department, except where a fee is set by law. Requests must be submitted to the City Clerk be each director by December 31 of the year proceeding the proposed biennial modification. The newly revised Schedule of Fees shall thereafter be presented to the City Council and said revised fees shall go into effect May 1 of the year unless the City Council votes to revert to the previously approved fee or charge. The first biennial increase shall be May 1, 2021.
C.
The following fees shall not be subject to biannual review, and instead shall be adjusted on January 1 of every year by multiplying the then current fee by 1.03 and the product shall be the new fee for such services:
D.
In addition to the biennial review, the City Council may otherwise amend the Schedule of Fees by approval of an ordinance from time-to-time as it deems appropriate.
E.
All references to "Schedule of Fees" made throughout this Code shall be to the Schedule of Fees adopted by the City Council and on file with the City Clerk, as may be amended from time-to-time.
F.
When there is any conflict between a fee set forth in this Code and the Schedule of Fees, the fee set forth in the Schedule of Fees shall control and govern.
[Ord. No. 2018-89]
[Added 10-9-2023 by Ord. No. 2023-093]
A.
The City may accept credit cards as a method of payment for transactions. When accepting a credit card payment for either 1) a commercial transaction, or 2) a local business tax, the City may also charge a credit card convenience fee. The convenience fee shall not exceed the total amount charged to the City by its third-party vendors for processing credit card transactions. In addition, the City may charge a convenience fee only if other electronic payment options that do not charge a fee are available. The City Manager may establish additional policies and procedures consistent with this section.
B.
For purposes of this section, the term "credit card" shall mean an instrument or device, whether known as a credit card, bank card, charge card, debit card, automated teller machine card, secured credit card, smart card, electronic purse, prepaid card, affinity card, or by any other name, issued with or without fee by an issuer for the use of the holder to obtain credit, money, goods, services, or anything else of value.
C.
Commercial transaction. As used in this section, "commercial transaction" means payments received by the City from, or on behalf of, commercial for-profit entities, including any amount received in exchange for City services, programs, fines, licenses, permits, taxes, fees, obligations, or other debts owed or payments made to the City.
D.
Local business tax transactions. As used in this section, "local business tax transactions" include payments by all entities, whether for-profit or not, subject to a City tax imposed on food and beverage, package liquor, local motor fuel, amusement, hotel/motel/short-term rental and vehicle use.