[Ord. 99-04, 3-1-1999, § 1; 6-3-2024 by Ord. No. 2024-47]
The stated purpose of this chapter is to provide for fair and
efficient enforcement of Village ordinances as may be allowed by law
and directed by ordinance, through an 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.
[Ord. 99-04, 3-1-1999, § 1; Ord. 2017-40, 8-21-2017; 6-3-2024 by Ord. No. 2024-47]
There is hereby created within the Village an executive unit of the Municipal government to be known as the Code Hearing Unit, which is authorized to provide for and operate a "system of administrative adjudication," which shall be defined as the adjudication of any violation of any Municipal ordinance of the Village, including, but not limited to, those actions brought pursuant to Section 10-2C; Chapter 32, Article VI; and Sections 13-9 and 35-37 of this Code, as well as the Zoning Ordinance[1] and various building codes and all other adopted codes
of the Village; provided that proceedings not within the statutory
or home rule authority of the Village, any offense under the Illinois
Vehicle Code[2] or Chapter 32, Article VI, of the Village Code, or similar offense that is a traffic regulation governing the movement of vehicles, and any reportable offense under Section 6-204 of the Illinois Vehicle Code, shall not be subject to administrative adjudication pursuant to the provisions of this chapter.
[Ord. 99-04, 3-1-1999, § 1; 6-3-2024 by Ord. No. 2024-47]
The provisions of this chapter shall not preclude the Village
from using other methods and adopting systems of administrative adjudication
or proceedings to enforce the ordinances of the Village, pursuant
to its home rule power, including, but not limited to, the institution
of any action in the Circuit Court of Cook County or any administrative
proceeding.
[Ord. 99-04, 3-1-1999, § 1; 6-3-2024 by Ord. No. 2024-47]
The Code Hearing Unit shall be composed of an Administrative
Hearing Officer, an Ordinance Enforcement Administrator, the Chief
of Police or his designee, hearing room personnel, and any other duly
appointed person or persons deemed necessary for the efficient administration
of the Code Hearing Unit, with the following powers, duties and authority:
(a)
All adjudicatory hearings shall be presided over by an Administrative
Hearing Officer who shall be appointed by the Village President with
the advice and consent of the Village Board. Prior to conducting administrative
adjudication hearings, the Administrative Hearing Officers shall have
successfully completed a formal training program which includes the
following:
(1)
Instruction on the rules of procedure of the administrative hearings
which they will conduct;
(2)
Orientation to each subject area of the Code violations that they
will adjudicate;
(3)
Observation of administrative hearings; and
(4)
Participation in hypothetical cases, including ruling on evidence
and issuing final orders.
(b)
In addition, every Administrative Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least three years. A person who has served as a judge in Illinois is not required to fulfill the requirements of items (1) through (4) of Subsection (a) of Section 2A-4 above. Administrative Hearing Officers are hereby authorized, empowered and directed to:
(1)
Hear testimony and accept evidence that is relevant to the existence
of an ordinance violation;
(2)
Administer oaths;
(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, including all
exhibits and evidence introduced at the hearing;
(5)
Issue a determination, based on the evidence presented at the hearing,
of whether a Code violation occurred or exists. The Administrative
Hearing Officer's determination shall be in writing and shall
include written findings of fact, decision, and order including a
fine, penalty, or other action with which the defendant must comply.
In lieu of a monetary penalty, the Hearing Officer may impose a reasonable
amount of public service; and
(6)
Impose penalties consistent with applicable Village Code provisions
and assess costs upon finding a party liable for the charged violation;
except, however, that in no event shall the Administrative Hearing
Officer have authority to: A) impose a penalty of incarceration, or
B) impose a fine in excess of $50,000, or, at the option of the Village,
such other amount not to exceed the maximum amount established by
the mandatory arbitration system, as prescribed by the Illinois Supreme
Court from time to time, established for Cook County. The maximum
monetary fine under this subsection shall be exclusive of costs of
enforcement or costs incurred by the Village 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 Municipality.
(c)
The Ordinance Enforcement Administrator shall either be an employee
of the Village hired by the Village Manager, or an independent contractor
or agency contracted by the Village to perform such duties as enumerated
herein. The Ordinance Enforcement Administrator is hereby authorized,
empowered and directed to:
(1)
Operate and manage the system of administrative adjudication of vehicular
standing and/or parking regulation violations, vehicle compliance
violations, vehicle license or sticker requirement violations, building,
property maintenance, fire and health code violations, and all other
Village ordinance violations as may be permitted by law and directed
by ordinance;
(2)
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;
(3)
Collect monies paid as fines and/or penalties assessed after a final
determination of liability;
(4)
Certify copies of final determinations of vehicular standing and/or parking regulation violation liability, vehicle compliance violations, vehicle license or sticker requirement violations, building, property maintenance, fire and health code violations or any other ordinance violation adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation liability which were issued in accordance with this chapter or the laws of the State of Illinois, including, but not limited to, 625 ILCS 5/11-208.3, as set forth in Chapter 13, Section 13-9 of this Code, 625 ILCS 5/11-208.6 and 625 ILCS 5/11-208.7, as set forth in Chapter 32, Section 32-80 of this Code, as from time to time amended;
(5)
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 625 Illinois Compiled Statutes 5/6-306.5;
(6)
Promulgate rules and regulations reasonably required to operate and
maintain the system of administrative adjudication hereby established;
and
(7)
Collect unpaid fines and penalties through private collection agencies
that may be retained by the Village or by filing complaints in the
County Circuit Court, or by selecting or appointing an individual
or agency to act on behalf of the Village in filing complaints, seeking
judgments for unpaid fines or penalties and pursuing all post-judgment
remedies available under current law.
(d)
The Ordinance Enforcement Administrator is hereby further authorized,
empowered and directed to operate and maintain the computer programs
for the system of administrative adjudication hereby established,
on a day-to-day basis, including, but not limited to:
(1)
Inputting of violation notice information;
(2)
Establishing hearing dates and notice dates;
(3)
Recording fine and penalty assessment and payments;
(4)
Issuing payment receipts;
(5)
Issuing succeeding notice of hearing dates and/or final determination
of liability, issuing notices of immobilization, issuing notices of
impending impoundment, and issuing notices of impending driver's
license suspension as may be required, in accordance with the Illinois
Vehicle Code;
(6)
Keeping accurate records of appearances and nonappearances at administrative
hearings, pleas entered and fines and other penalties assessed and
paid.
(e)
Hearing room personnel appointed by the Chief of Police shall be
any police officer or auxiliary police officer, and such persons are
hereby authorized and directed to:
[Ord. 99-04, 3-1-1999, § 1; 6-3-2024 by Ord. No. 2024-47]
Authorization for compensation for each of the above stated
positions shall be made by the President and Board of Trustees through
the annual appropriation process, and such compensation shall be determined
by the Village Manager.
[Ord. 99-04, 3-1-1999, § 1; 6-3-2024 by Ord. No. 2024-47]
(a)
A proceeding before an Administrative Hearing Officer shall be instituted
upon the filing of a written sworn pleading or complaint by any authorized
official of the Village, including police officers, code enforcement
officers, and such other employees as authorized.
(b)
Defendants shall be served with a copy of the written sworn pleading
or complaint along with a notice of adjudicatory hearing in any manner
reasonably calculated to give them actual notice of the proceeding
instituted against them including:
(1)
Personal service upon a party or its employees or agents;
(2)
Service by certified mail, return receipt requested, at the party's
address;
(3)
Service by first class mail, postage prepaid, at the party's
address; or
(4)
Service by posting a copy of the sworn pleading or complaint upon
the property where the violation is found when the party is the owner
or manager of the property.
(c)
Notices of the adjudicatory hearing shall include:
[Ord. 99-04, 3-1-1999, § 1; 6-3-2024 by Ord. No. 2024-47]
All administrative hearings conducted pursuant to this chapter
shall afford the parties due process of law, including notice and
an opportunity to be heard. 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 Hearing Officer to issue subpoenas to direct the
attendance and testimony of relevant witnesses and the production
of relevant documents. 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, "nonemergency situation" means any
situation that does not reasonably constitute a threat to the public
interest, safety, health 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.
[Ord. 99-04, 3-1-1999, § 1; 6-3-2024 by Ord. No. 2024-47]
The formal and technical rules of evidence shall not apply in
an adjudicatory hearing authorized under this chapter. 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.
[Ord. 99-04, 3-1-1999, § 1; 6-3-2024 by Ord. No. 2024-47]
Any final decision by an Administrative 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.[1]
[1]
Editor's Note: See 735 ILCS 5/3-101 et seq.
[Ord. 99-04, 3-1-1999, § 1; 6-3-2024 by Ord. No. 2024-47]
(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 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 an ordinance violation, unless stayed by a court of competent jurisdiction,
the findings, decision, and order of the Administrative 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 that defendant to correct an ordinance violation or imposing
any fine or other sanction as a result of an ordinance violation,
any expenses incurred by the Village to enforce the judgment entered
against that defendant, including, but not limited to, attorneys'
fees, court costs, and costs related to property demolition, remediation
or foreclosure, after they are fixed by a court of competent jurisdiction
or a hearing officer, shall be a debt due and owing the Village and
may be collected in accordance with applicable law. Prior to any expenses
being fixed by the Administrative Hearing Officer pursuant to this
subsection, the Municipality shall provide a 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 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,[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 Village under this chapter. 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 Administrative Hearing Officer may set aside any judgment entered
by default and set a new hearing date, upon a petition filed by the
defendant within 21 days after the issuance of the order of default,
if the Administrative Hearing Officer determines that the defendant's
failure to appear at the hearing was for good cause, or at any time
if the defendant establishes, by a preponderance of the evidence,
that the Village did not provide proper service of process. If any
judgment is set aside pursuant to this subsection, the Administrative
Hearing Officer shall have authority to enter an order extinguishing
any lien which has been recorded for any debt due and owing the Village
as a result of the vacated default judgment. When a judgment is vacated,
the Administrative Hearing Officer shall set a new date for a hearing
on the underlying violation(s).
[6-3-2024 by Ord. No. 2024-47]
(a)
BUILDING OR PROPERTY OWNER
CODE
Definitions. As used in this section, unless the context requires
otherwise:
The legal or beneficial owner of a structure, premises or
real property located within the Village.
The Municipal Code of the Village of Elmwood Park, and any
law, housing or any adopted building code that established construction,
plumbing, heating, electrical, fire prevention, sanitation, property
maintenance or other health and safety standards that are applicable
to structures or real property within the Village.
(b)
At the hearing, the case for the Village may be presented by the
Village Attorney or other designated person. The case for the defendant
may be presented by the property or building owner, his attorney or
any other agent or representative, as may be allowed pursuant to the
rules of the Supreme Court of the State of Illinois.
(c)
Rights of the occupants.
(1)
It shall be unlawful for an action for eviction, abatement of
a nuisance, forcible entry and detainer or other similar proceeding
to be threatened or instituted against an occupant of a dwelling solely
because such occupant files a complaint with the Village, agrees to
testify or testifies at a Code violation hearing.
(2)
Anyone violating the provisions of this Subsection (c) shall
be fined not less than $25 nor more than $750.
(d)
Defense to code violations. It shall be an affirmative defense to
a Code violation charged under this section if the owner, his attorney,
or any other appropriate agent or representative proves to the Hearing
Officer by a preponderance of the evidence that:
(1)
The Code violation alleged in the notice did not in fact exist
at the time the violation notice was issued.
(2)
The Code violation has been caused by the current building 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.
(3)
An occupant or resident of the dwelling has on more than two
occasions refused entry to the owner or his agent to all or a part
of the dwelling for the purpose of correcting the Code violation.
(e)
Sanctions applicable to owner. The order to correct a Code violation
and any sanctions imposed as a result of a finding 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.
[6-3-2024 by Ord. No. 2024-47]
(a)
The following violations of this Code shall be subject to the settlement procedure described in Section 2A-12(b) of this chapter:
|
Description of Violation
|
Adopted Section
|
Village Code Section
|
|---|---|---|
|
Weeds and plant growth over 8 inches
|
IPMC 302.4
| |
|
Weeds and grass over 8 inches
|
EP 23-15
| |
|
Accumulation of garbage or rubbish
|
IPMC 308.1
| |
|
Improper disposal of rubbish
|
IPMC 308.2
| |
|
Improper disposal of garbage
|
IPMC 308.3
| |
|
Failure to property address building
|
IPMC 304.3
|
EP 45-56
|
|
Failure to number building
|
EP 45-59
|
(b)
Settlement of penalties; authorization and procedure. The following
procedure regarding settlement and compromise with certain ordinance
citation violations as set forth in this section is hereby authorized:
Citations issued for violation of those sections of this Code specified in Section 2A-12(a) of this chapter may be settled and compromised by ceasing and/or abating said violation and the payment of a fine of $50 if paid on or before 10 days after the issuance of the citation, not counting the day of issuance, if the citation is the first such violation issued within a twelve-month period. Payment of the fine is an admission of liability and will act as a final determination of liability disposition of the violation alleged in the citation. In the event the fine for any of the violations listed in Section 2A-12(a) of this chapter is not paid within 10 days of the issuance of the citation, the citation will be processed through the administrative adjudication system as provided in this chapter. Upon a finding of liable by the Administrative Hearing Officer, whether by default judgment or after administrative hearing, the total amount of the fine and penalty shall not exceed the maximum fine and penalty as expressly provided under the general penalty provision of this Code. Payments received by mail shall be credited as paid on the date received by the Village.
