[HISTORY: Adopted by the Mayor and Board of Trustees of the
Village of Flossmoor 12-4-2023 by Ord. No. FMC 2023-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 35,
Administrative Adjudication, adopted 3-14-2018 by FMC-2018-10, as amended.
A.
Purpose. 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 Village ordinances
thereby expediting the prosecution and correction of code violations.
To that end, there is hereby adopted Article 1, Division 2.1 of the
Illinois Municipal Code. 65 ILCS 5/1-1-1 et seq.
B.
Creation. There is hereby established a department of the municipal
government to be known as the Village of Flossmoor Ordinance Enforcement
Department to have the power to enforce compliance with all municipal
ordinances as from time to time are authorized by the Mayor and Board
of Trustees, except for any offense under Section 6-204 of the Illinois
Vehicle Code that is a traffic regulation governing the movement of
vehicles and except for any reportable offense under section 6-204
of the Illinois Vehicle Code. The establishment of the Flossmoor Ordinance
Enforcement Department does not preclude the Board of Trustees from
using any legal system or other method to enforce ordinances of the
Village. Unless the context clearly indicates otherwise, any references
throughout this chapter to "Village Code," "this code," "code," or
"ordinance" shall be a reference to the Flossmoor Municipal Code,
as amended, or to any municipal ordinance as from time to time authorized
by the Mayor and Board of Trustees.
A.
Organization. The Ordinance Enforcement Department shall be composed
of a hearing officer, an ordinance enforcement administrator, and
such other personnel as deemed necessary and as appointed by the Mayor,
with the powers and authority as hereinafter set forth.
B.
Hearing officer:
(1)
A hearing officer must be an attorney licensed to practice law in
the State of Illinois for at least three years.
(2)
The hearing officer shall have the following duties:
(a)
Preside over all adjudicatory hearings to determine whether
or not a Village Code violation exists and administer oaths and affirmations;
(b)
Hear testimony and accept evidence that is relevant to the existence
of a Village Code violation;
(c)
At any time prior to the hearing date, the hearing officer assigned
to hear the case may, at the request of either party, issue subpoenas
directing witnesses to appear and give testimony at the hearing or
produce relevant documents;
(d)
Preserve and authenticate the record of the hearing and all
exhibits and evidence introduced at the hearing;
(e)
Issue and sign a written finding, decision and order stating
whether a Village Code violation exists;
(f)
Impose penalties and sanctions or such other relief consistent
with applicable provisions of this Code and assess costs upon finding
a party liable for the charged violation, except, however, that in
no event shall the hearing officer have the authority to impose a
penalty of incarceration, or fines in excess of $50,000;
(g)
Upon a finding of liable a $30 penalty is to be imposed by the
hearing officer as an administrative adjudication hearing cost. This
additional penalty shall not be construed as part of the fine for
the purposes of any reduction made in the fine for compliance.
(3)
Prior to conducting administrative adjudication proceedings under
this chapter, the hearing officer shall have successfully completed
a formal training program which includes the following:
(a)
Instruction on the rules of procedure of the administrative
hearings over which the hearing officer shall preside;
(b)
Orientation to each subject area of the code violations that
he/she will adjudicate;
(c)
Observation of administrative hearings; and
(d)
Participation in hypothetical cases, including rules on evidence
and issuing final orders.
(4)
The hearing officer shall be employed as an independent contractor
of the Village and shall not be considered an employee of the Village.
A hearing officer may be removed with or without cause by the Mayor
or his or her designee.
C.
Ordinance Enforcement Administrator. The ordinance enforcement administrator
is authorized and directed to:
(1)
Operate and manage the system of administrative adjudication of 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 be reasonably 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 determination of an ordinance violation adjudicated
pursuant to this chapter, and any factual reports verifying the final
determination of any violation liability which was issued in accordance
with this chapter, the laws of the State of Illinois including 625
ILCS 5/11-208.3, as from time to time amended.
(5)
Promulgate rules and regulations reasonably required to operate and
maintain the administrative adjudication system hereby created.
(6)
Collect unpaid fines and penalties through private collection agencies
and pursuit of all post-judgment remedies available by current law.
A.
Issuance of violation notices.
(1)
Violation notice of any ordinance violation shall be issued by the
Mayor or Administrator and such persons authorized under this Code.
(2)
All full-time, part-time and auxiliary police officers as well as
other specific individuals authorized by any Village department head
shall have the authority to issue violation notices.
(3)
Any individual authorized hereby to issue violation notices and who
detects an ordinance violation authorized to be adjudicated under
this chapter or a violation of any section of any Village ordinance
is authorized to issue notice of violation thereof and shall make
service thereof as is hereinafter set forth.
(4)
All violation notices and contain information and shall be certified
and constitute prima facie evidence of the violation cited as hereinafter
set forth.
B.
Violation notice requirements:
(1)
The violation notice shall contain, but not be limited to, the following
information:
(a)
The name and address of the party violating the ordinance, if
known.
(b)
The date and time of the violation (date of issuance).
(c)
The type and nature of the violation and the ordinance violated.
(d)
Vehicle make and state registration number (if applicable).
(e)
The names of any witnesses to the violation.
(f)
The signature and identification number of the person issuing
the notice.
(g)
The date and location of the adjudication hearing of ordinance
violations which date shall be not less than 15 nor more than 60 days
after the date of the violation notice. The legal authority and jurisdiction
under which the hearing is to be held and the penalties for failure
to appear at the hearing.
(h)
In the case of a violation pertaining to real property, the
address of the property where the violation is observed; and,
(i)
If applicable to the violation in question, the amount of the
fine that may be paid by a party upon a written admission of a violation
and waiver of a hearing, which fine shall be no less than the minimum
fine set by this Code relative to the violation at issue.
(2)
The correctness of facts contained in any violation notice shall
be verified by the person issuing said notice by:
(a)
Signing his/her name to the notice at the time of issuance;
or
(b)
In the case of a notice produced by a computer device, by signing
a single certificate, to be kept by the ordinance enforcement administrator,
attesting to the correctness of all notices produced by the device
while under his/her control.
(3)
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 his/her employer or agent; service by mail
at a party's address; affixing the original or facsimile of the
notice to an unlawfully standing or parked vehicle, unstickered vehicle,
vehicle violating any compliance regulation; or, posting a notice
upon the property where the violation is found where the party is
the owner, tenant or administrator of the property as follows:
(a)
The original or a facsimile of the violation notice shall be
retained by the ordinance enforcement administrator where a docket
number shall be stamped on all copies and a hearing date noted;
(b)
The notice shall be kept as a record in the ordinary course
of business by the ordinance enforcement administrator and shall be
a part of the hearing record;
(c)
One copy of the violation notice shall be returned to the person
issuing the notice so that he or she may prepare evidence for presentation
at the hearing on the date indicated;
(d)
One copy of the violation notice shall be served to the alleged
violator along with a summons commanding the alleged violator to appear
at the hearing;
(e)
In the case of a violation pertaining to real property, if the
name of the property owner 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 notice form on the front
door of the structure where the violation is found, not less than
15 days before the hearing is scheduled.
(4)
Any violation notice issued, signed and served in accordance herewith,
or a copy of the notice, shall be prima facie correct and shall be
prima facie evidence of the correctness of the facts shown on the
notice.
A.
Continuances. 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 alleged
violator. Lack of preparation shall not be grounds for a continuance.
Any continuance authorized by a hearing officer under this chapter
shall not exceed 30 days.
B.
Hearing and evidence:
(1)
At the hearing, a hearing officer shall preside, shall hear testimony,
and shall accept any evidence relevant to the existence or nonexistence
of a Village Code violation. The strict rules of evidence applicable
to judicial proceedings shall not apply to hearings authorized by
this chapter.
(2)
The case for the Village may be presented by an attorney designated
by the Mayor or by any other Village employee. The case for the alleged
violator may be presented by the alleged violator, his or her attorney,
or any other agent or representative of the violator.
(3)
If on the date set for hearing the alleged violator or his or her
attorney fails to appear, the hearing officer may find the alleged
violator in default and shall proceed with the hearing and accept
evidence relevant to the existence of a code violation.
(4)
Upon finding the alleged violator in default, the ordinance enforcement
administrator shall send or cause to be sent notices by first-class
mail, postage prepaid, to the violator who received the notice of
an ordinance violation. Service of notices sent in accordance herewith
shall be complete as of the date of deposit in the United States mail.
(5)
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, 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.
C.
Findings, decision and order.
(1)
At the conclusion of the hearing, the hearing officer shall make
a determination on the basis of the evidence presented at the hearing
as to whether or not a code violation exists.
(2)
The determination shall be in writing and shall be designated as
the findings, decision, and order, including the fine, penalty or
action with which the defendant must comply.
(3)
The findings, decision, and order shall include:
(a)
The hearing officer's findings of fact;
(b)
A decision of whether or not a code violation exists based upon
the findings of fact;
(c)
In the case of a code violation other than a building code violation,
an order that states the sanction or dismisses the case if a code
violation is not proved.
(d)
In the case of a building code violation only, an order ordering
the owner to correct the building code violation or dismissing the
case if a building code violation is not proved; and
(e)
In the case of a building code violation, if a building code
violation is proved, the order may also impose the sanctions that
are provided in the building code for the building code violation
proved.
(4)
A monetary sanction under this chapter shall be consistent with applicable
Village Code provisions with a maximum of $50,000 for all code violations.
(5)
The maximum monetary fine imposed under the Village Code shall be
exclusive of costs of enforcement or costs incurred by the Village
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.
(6)
A copy of any findings, decisions, or orders shall be served on the
alleged violator within five days after it is issued. Service shall
be made in person or by first-class mail.
(7)
Payment of any penalty or fine and the disposition of any fine money
shall be in the manner as set forth in the Village Code.
(8)
In the case of a building code violation only, the order to correct
a building code violation and the sanctions imposed by the Village
as the result of a finding of a building code violation under this
chapter shall attach to the property as well as to the property owner
so that a finding of a building code violation against one owner cannot
be avoided by conveying or transferring the property to another owner.
Any subsequent transferee or owner of the property takes subject to
the findings, decision and order of a hearing officer under this chapter.
A.
Debt due Village:
(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
Administrative Review Law (735 ILCS 5/3-101 et seq.) shall be a debt
due and owing the Village and, as such, may be collected in accordance
with applicable law.
(2)
After expiration of the period within which judicial review under
the Administrative Review Law (735 ILCS 5/3-101 et seq.) may be sought
for a final determination of the 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.
(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 the Village 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
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 notice to the violator 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.
(4)
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 Village
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.
B.
Judicial review. The findings, decision, and order of the hearing
officer shall be subject to review in the circuit court of Cook County.
The provisions of the administrative review law, and the rules adopted
pursuant thereto, shall apply to and govern every action for the judicial
review of the findings, decision, and order of the hearing officer
under this chapter.
A.
General fines for any ordinance other than Chapter 270 (vehicle code) of this Code: For violation of any Village ordinance other than a violation under Chapter 270 (vehicle code) of this code, fines and penalties shall be as established from time to time by the Board of Trustees but in no event more than $50,000 or the amount prescribed by the Illinois Supreme Court for the mandatory arbitration system, whichever is greater.
B.
Fines for violation of Chapter 270 (vehicle code) of this Code other than handicapped parking and regulated parking: For violation of any provision of Chapter 270 (vehicle code) of this code; or any compliance violation; or, violation of any other Village ordinance regulating, restricting or prohibiting the standing or parking of motor vehicles along the streets, byways, alleyways, regulated parking lots or such other locations as may be controlled by off-street parking agreements, located within the geographical boundaries of this Village, other than for handicapped parking, the fine shall be a maximum of $750.
C.
Fines for violations of certain regulated parking restricting or
prohibiting the standing or parking of motor vehicles along the streets,
byways, alleyways, regulated parking lots or such other locations
as may be controlled by off-street parking agreements, located within
the geographical boundaries of this Village for areas specifically
designated for handicapped parking shall be a maximum of $750.
A.
Authorization to impound, boot or tow motor vehicle: Any motor vehicle
whose registered owner has been determined to be liable for 10 or
more vehicular standing or parking regulation violations, for which
the fines or penalties assessed remain unpaid, may be immobilized,
booted or towed and impounded if:
(1)
The ordinance enforcement administrator has determined that a person
has been determined to be liable for 10 or more ordinance violations,
for which the fines or penalties remain unpaid.
(2)
The person determined to be liable for 10 or more violations is the
registered owner of a motor vehicle located within the Village geographical
boundaries.
(3)
A seizure notice has been sent to the registered owner of the motor
vehicle located within the geographical boundaries of the Village
which contains, but shall not be limited to, the following:
(a)
That a final determination has been made on 10 or more ordinance
violations, for which the fines and penalties remain unpaid;
(c)
That the motor vehicle owned by the person and located within
the Village is subject to immobilization and/or towing and impoundment
if the fines and penalties are not paid within, but not later than,
15 days of the date of the notice;
(d)
Date of immobilization;
(e)
Date of impending towing and impoundment; and
(f)
That the registered owner may contest the validity of the notice
by appearing in person before the ordinance enforcement administrator
within 15 days of the date of the notice and submitting evidence which
would conclusively disprove liability, such as the following:
[1]
The registered owner was not the owner or lessee of the vehicle
on the date or dates the notices of violation were issued; or
[2]
The fines or penalties for the violations cited in the notice
were paid in full; or
[3]
The registered owner has not accumulated 10 or more ordinance
violation notices which are unpaid, not adjudicated or for which no
appearance was made.
(4)
The motor vehicle of the registered owner to whom notice is sent
has failed to make payment of the fines or penalties as specified
in the notice and has failed to appear with evidence to conclusively
disprove liability before the ordinance enforcement administrator
to contest the validity of the notice.
B.
Criminal violations authorizing seizure/impoundment. A motor vehicle,
operated with the permission, express or implied, of the owner of
record, that is used in connection with the following violations,
shall be subject to seizure and impoundment by the Village, and the
owner of record of said vehicle shall be liable to the Village for
an administrative penalty of $500, in addition to costs of prosecution
and any towing and storage fees as hereinafter provided:
(1)
Operation or use of a motor vehicle in the commission or attempted
commission of any offense for which a motor vehicle may be seized
and forfeited pursuant to 720 ILCS 5/36-1.
(2)
Driving under the influence of alcohol, other drug or drugs, intoxicating
compounds, 625 ILCS 5/11-501.
(3)
Operation or use of a motor vehicle in connection with the commission
or attempted commission of any felony offense or in violation of the
provisions of the Illinois Cannabis Control Act, 720 ILCS 550/1.
(4)
Operation or use of a motor vehicle in connection with the commission
or attempted commission of any offense in violation of the Illinois
Controlled Substances Act, 720 ILCS 570/100.
(5)
Unlawful use of a weapon in violation of 720 ILCS 5/24-1; aggravated
discharge of a firearm in violation of 720 ILCS 5/24-1.5; unlawful
possession of a firearm and firearm ammunition in violation of 720
ILCS 5/24-3.1.
(6)
Driving while license, permit or privilege to operate a motor vehicle
is suspended or revoked, 625 ILCS 5/6-303; vehicles shall not be subject
to seizure/impoundment if the suspension is for unpaid citations,
due to failure to comply with emission testing.
(7)
Operating a motor vehicle without a valid driver's license,
625 ILCS 5/6-101 in combination with operation of motor vehicle with
no insurance 625 ILCS 5/3-707.
C.
Request for rearing in case of impoundment and towing of motor vehicle.
Upon the receipt of the request for hearing to contest the validity
of the immobilization or towing and impoundment, the Ordinance Enforcement
Administrator shall schedule an administrative hearing to contest
the validity of the immobilization or towing and impoundment on the
next scheduled hearing date or, if sooner, scheduled by the Ordinance
Enforcement Administrator for good cause shown, but in no case shall
the hearing be scheduled later than 30 days after the request for
hearing is filed and shall serve notice of the hearing date upon the
registered owner by first-class mail, postage prepaid, to the address
as is set forth on the request for hearing. Service of the notice
shall be complete on the date it is placed in the United States mail.
D.
Notice affixed to vehicle in cases of immobilization: Upon immobilization
of an eligible vehicle, a notice shall be affixed to the vehicle in
a conspicuous place. Such notice shall warn that the vehicle is immobilized
and that any attempt to move the vehicle may result in its damage.
The notice shall also state that the unauthorized removal of or damage
to the immobilizing restraint is a violation of sections 16-1 and
21-1 of the Illinois Criminal Code. The notice also shall provide
the following information specifying that a release of the immobilizing
restraint may be had by:
(1)
Paying all the fines and penalties, if any, on the outstanding complaints
for which notice has been sent prior to the date of the immobilization;
or
(2)
Completing appearance forms on all outstanding parking violation
complaints for which notice had been sent prior to the date of the
immobilization and depositing collateral in the amount of 50% of the
total fines for these outstanding parking violation complaints, or
$500, whichever is less.
E.
Towing of immobilized vehicle. Except where the vehicle is otherwise
subject to towing, if the immobilizing restraint has not been released
as hereinabove provided within 72 hours of its placement, the vehicle
shall be towed and impounded.
F.
Post-impoundment notice. Within 10 days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle. The notice shall state that the owner has the right to a post-immobilization and post-towing hearing as provided in Subsection G of this section and that if the vehicle is not claimed within 30 days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with the Illinois Vehicle Code.
G.
Hearing in case of vehicle immobilization. The owner of an immobilized vehicle or other interested person shall have the right to a hearing to determine whether the immobilization or any subsequent towing was erroneous or whether the vehicle was properly included on an immobilization list, if the owner files a written demand for a hearing before the ordinance enforcement administrator within 14 days after issuance of the notice specified in Subsection F of this section or within 14 days of immobilization, whichever is later. A hearing shall be conducted on any business day within 48 hours of receipt of a written demand for hearing, unless otherwise mutually agreed by the parties. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any amount deposited pursuant to Subsection D of this section shall be forfeited. A hearing provided by this subsection shall not determine the validity of or otherwise adjudicate any citation or notice of ordinance violation issued relative to the immobilized vehicle, but shall only relate to whether the vehicle was properly immobilized or towed by determining whether the owner previously submitted evidence required by this chapter.
H.
Fines and fees for immobilization. The fine for immobilization shall
be $500 and the fine for impoundment and towing shall be an amount
not to exceed $650. The owner of the vehicle shall also be charged
reasonable storage and towing fees should the vehicle be removed to
a private storage facility, provided that no fees shall be assessed
for any immobilization or tow which has been determined to be erroneous.
I.
Towing services. The Ordinance Enforcement Administrator shall appoint
or retain the services of an individual agency or company to tow and
impound vehicles in accordance herewith, provided that that individual,
agency or company is fully insured and licensed according to local
or state law and has available a secured impound area within which
to retain vehicles impounded hereunder. For the purpose of this subsection
a "secured area" shall mean an area bounded by a fence, chain-link
or otherwise, of a sufficient height and with locking gates so as
to minimize or prevent unauthorized entry into the impounded vehicles.
The Village and the Village attorney or the finance director
or their designees may retain attorneys and private collection agents
for the purpose of collecting any default in payment of any fine or
penalty imposed by this Code, or any installment of a fine or penalty.
The Village shall add a 35% cost of collections to any outstanding
balance that requires the Village to retain the services of a collection
agency. This 35% cost includes any default in a fine or penalty or
any installment of a fine or penalty that was previously referred
to an attorney or private collection agency and the payment of which
remains outstanding.
