[HISTORY: Adopted by the City Council of the City of Crystal Lake
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-6-2007 by Ord. No. 6287]
A.
The purpose of this article is to provide a fair and
efficient method of enforcing the City's regulations through administrative
adjudication of charges of nonvehicular violations of the City Code. All provisions
of the City Code may be enforced through the administrative adjudication system,
provided the system shall have no authority to impose a penalty of incarceration
or adjudicate an offense under the Illinois Motor Vehicle Code which is a
traffic regulation governing moving vehicles, or to impose a fine in excess
of $50,000, exclusive of costs of enforcement, costs imposed to secure compliance,
costs of abatement and any other costs which may be provided for by the municipal
code of this City. The City reserves its right to employ all other means and
methods available under the law to enforce its City Code, including direct
application to the courts.
B.
Section 1-2.1 of the Illinois Municipal Code (65 ILCS
5/1-2.1-2) allows home rule municipalities to provide by ordinance for a system
of administrative adjudication of municipal code violations to the extent
permitted by the Illinois Constitution. The City is a home rule municipality.
The Illinois Constitution provides that a home rule division may exercise
any power and perform any function pertaining to its government and affairs
[Illinois Constitution, Art. VII, Sec. 6(a)(1970)]. The Illinois Constitution
also provides that a home rule division may exercise and perform concurrently
with the state any power or function of a home rule division to the extent
that the General Assembly by law does not specifically limit the concurrent
exercise or specifically declare the State's exercise to be exclusive
[Illinois Constitution, Art. VII, Sec. 6(i)(1970)]. The Illinois Constitution
further provides that the powers and functions of home rule divisions shall
be construed liberally.
The system of administrative adjudication of nonvehicular regulations
violations shall be composed of an Administrative Adjudication Division which
shall be comprised of an Administrative Law Judge and may include any one
or more of the following: an administrator, a computer operator/system coordinator
and hearing room personnel (deputy), with the power, authority and limitations
as are hereinafter set forth:
A.
Powers of the Administrative Law Judge.
(1)
The Administrative Law Judge shall have all of the powers
granted to Administrative Law Judges under state law, set forth at 65 ILCS
5/1-2.1-4, the provisions of which are incorporated herein by this reference,
including the power to:
(a)
Preside over all administrative hearings as the adjudicator.
(b)
Administer oaths.
(c)
Hear testimony and accept evidence that is relevant to
the existence of the Code violation.
(d)
Issue subpoenas to secure the attendance of witnesses
and the production of relevant papers or documentation upon the request of
the parties or their representative.
(e)
Hold conferences for the simplification or settlement
of issues.
(f)
Rule upon objections and the admissibility of evidence.
(g)
Preserve and authenticate the record of the hearing and
all exhibits and evidence introduced at the hearing.
(h)
Issue a determination, based on the evidence presented
at the hearing, of whether a City Code violation exists. The determination
shall be in writing and shall include a written finding of fact, decision,
and order setting forth the fine, penalty, or action with which the person
found liable must comply.
(i)
Impose penalties consistent with applicable City Code
provisions and assess costs upon finding a party liable for the charged violation.
The Administrative Law Judge shall have the authority to impose fines and
penalties up to $50,000, exclusive of costs of enforcement, costs imposed
to secure compliance, costs of abatement and any other costs which may be
provided for by the municipal code of this City.
(j)
Impose a term of community service.
B.
Powers of the administrator. The City Manager's
designee, who shall serve as the administrator, shall be empowered and is
authorized and directed to:
(1)
Operate and manage this system of administrative adjudication
of nonvehicular City Code violations.
(2)
Adopt, distribute and process City Code violation notices
and other notices as may be required to carry out the purpose of this article.
(3)
Collect monies paid as fines and/or penalties assessed
after a final determination of a City Code violation.
(4)
Promulgate rules and regulations reasonably required
to operate and maintain this administrative adjudication system.
(5)
Collect unpaid fines and penalties and otherwise pursue
all post-judgment remedies available under law.
(6)
Compromise or otherwise settle violation notices prior
to a hearing date. However, any such compromise should be made of record by
the administrator on the date the violation notice was scheduled to appear
for hearing, with an explanation by the administrator as to the reasons for
such compromise. The Administrative Law Judge is also required to approve
any such compromise or settlement at the hearing.
C.
Powers of the system coordinator. The system coordinator/computer
operator shall operate and maintain computer programs for the administrative
adjudication system created hereunder, on a day-to-day basis, including, but
not limited to:
(1)
Input of violation notice information.
(2)
Input of hearing and notice dates.
(3)
Input of fine and penalty assessments and payments.
(4)
Issuance of receipts for payment.
(5)
Issuance of succeeding notices of hearing dates or court
dates and/or final determination of liability as directed by the administrator
or by the Administrative Law Judge in accordance with the provisions hereinafter
set forth.
(6)
Maintenance of accurate records of hearing dispositions,
fines and penalties assessed and paid.
D.
Powers of the hearing room personnel. The hearing room
personnel shall be full-time, part-time or auxiliary police officers. The
hearing room personnel shall:
E.
Selection and appointment of personnel. The persons who
shall hold the positions of Administrative Law Judge, administrator, system
coordinator and hearing room personnel under this article shall be selected
and appointed according to the following procedures:
(1)
The City Manager is hereby authorized to appoint a person(s)
to hold the position of Administrative Law Judge.
(2)
In making selections, the City Manager shall consider
all pertinent information, including, at a minimum:
(a)
The candidate's ability to comply with the job descriptions
as set forth herein; and
(b)
Background and performance date on file with the City,
or otherwise obtained by the City; and
(c)
Whether the candidate meets the statutory criteria as
an attorney licensed to practice law in the State of Illinois for at least
three years.
F.
Compensation. Compensation to be paid for any of the
above-stated positions shall be established annually by the City Council through
the annual budget approval.
G.
Training of personnel. Prior to an Administrative Law
Judge conducting these administrative adjudication proceedings, the Administrative
Law Judge must either:
The system of administrative adjudication of nonvehicular regulations
violations shall be conducted in accordance with the following procedures
to assure defendants are afforded due process of law:
A.
Issuance of violation notices. City Code violation notices
("violation notices") may be issued by any authorized person and shall contain
information and shall be served, certified and have evidentiary value as hereinafter
stated. Certain violation notices may be issued in the form of a "CC" ticket
(City Code ticket), which may allow the recipient to pay the stated fine prior
to any hearing. If the recipient fails to pay the required fine within the
allotted time under the ordinance violation ticket, the violation notice will
be processed through the administrative adjudication system as otherwise provided
for in this article.
B.
Authorization. All police officers and other specifically
appointed individuals, including, but not limited to, the City's Code
Official (Building Commissioner) and his/her designees, shall have the authority
to issue violation notices.
C.
Detection of violations. Any individual authorized to
issue a violation notice, within his/her scope of responsibility, who detects
a violation of any nonvehicular regulation may issue a notice of violation
thereof and shall serve the violation notice as herein provided.
D.
Content. Violation notices shall contain, at a minimum:
(1)
The date, time and place of the alleged violation occurrence;
(2)
The particular City Code section or regulation violated;
(3)
The common address of the building or property alleged
to be in violation (the "cited property"), if applicable;
(4)
The name of the individual alleged to be liable for the
violation (the "respondent"), including the respondent's date of birth,
address, and telephone number, if applicable;
(5)
The signature and identification number, if applicable,
of the person issuing the violation notice;
(6)
The date, time and place of the administrative hearing
at which the charge may be contested on its merits. This date shall be no
less than 15 days after the date of service of the violation notice. A hearing
may be set at a date less than 15 days after the date of service of the violation
in an emergency situation where the violation constitutes a threat to public
interest, safety or welfare;
(7)
A statement of penalties for failure to appear at the
hearing;
(8)
If the violation notice is issued as a Code compliance
ticket ("CC ticket"), the notice shall include the amount of the fine and,
if applicable, the date required for payment of the fine in lieu of appearing
for an administrative hearing, in which case the notice shall also state that
failing to timely pay the stated fine shall operate to process the violation
notice within the administrative adjudication system as otherwise provided
for by this article; and
(9)
The legal authority and jurisdiction under which the
hearing will be held.
E.
Service of violation notices. Service of violation notices
shall be made in a manner reasonably calculated to give the defendant actual
notice by:
(1)
Handing a copy of the violation notice to the person
charged; or
(2)
Delivering a copy of the violation notice to the person
charged by first class mail, certified mail, return receipt, or via commercial
carrier. Such service shall be completed as of the date of deposit in the
United States Mail, or deposit with a commercial carrier.
F.
Certification. The correctness of facts contained in
the violation notice shall be certified by the issuing person by:
(1)
Signing his/her name to the violation notice at the time
of issuance; or
(2)
In the case of a violation notice produced by a computer
device, by signing a single certificate, to be kept by the administrator,
attesting to the correctness of all violation notices produced by the device
while under his/her control.
G.
Business records. The original or complete copy of the
violation notice shall be retained and kept as a record in the ordinary course
of City business.
H.
Prima facie evidence. Any violation notice issued, signed
and served in accordance herewith, or a complete copy of the notice, shall
be deemed prima facie correct and shall be considered prima facie evidence
of the facts alleged therein.
I.
Admissibility. The violation notices shall be admissible
in any subsequent administrative or legal proceeding.
Hearings shall be held to adjudicate alleged violations of all City
Code sections, except those that are excluded by law from the City's
administrative adjudication system, pursuant to the following standards:
A.
Time and date. Hearings shall be on the date, time and
place as set forth in the violation notice issued and served.
B.
Recording. Hearings shall be tape recorded.
C.
Default judgment. Respondents who do not appear on their
scheduled hearing date may have a default judgment entered against them. A
notice of judgment entered by default shall be forwarded to any respondent
who fails to appear and shall contain the same information as a determination
of liability, but shall also state that the judgment may be set aside by the
Administrative Law Judge if, within 21 days of issuance of the judgment, a
motion is filed and received by the administrator stating good cause for failure
to appear or timely respond to the violation notice. The default judgment
shall state that it shall constitute a final determination of liability if
such motion is not timely received; a hearing on the motion shall be scheduled
within 21 days of receipt of the filed motion. If at the hearing on the motion
the Administrative Law Judge determines that good cause has been established
by the respondent, the default judgment shall be set aside and a new hearing
shall proceed on the merits of the violation notice. If the motion is denied
or if the respondent fails to appear for a hearing on the motion, the default
judgment shall constitute a final determination of liability.
D.
Rules of evidence. The formal and technical rules of
evidence shall not apply in an administrative hearing conducted in compliance
with this article. Evidence, including hearsay, may be admitted pursuant to
state law set forth at 65 ILCS 5/1-2.1-6, only if it is of a type commonly
relied upon by reasonably prudent persons in the conduct of their affairs.
E.
Hearing rights. Persons appearing to contest an alleged
City Code violation may be represented by counsel of their own choice at their
own expense, may present witnesses, may present testimony and documents, may
cross-examine opposing witnesses, and may request the issuance of subpoenas
to compel the appearance of relevant witnesses or the production of relevant
documents.
F.
Evidentiary standard. No violation may be established
except by proof by a preponderance of the evidence.
G.
Conclusion of hearing. Upon the conclusion of a hearing,
the Administrative Law Judge shall make a determination of liability or no
liability. If a hearing results in a determination of liability, the Administrative
Law Judge shall assess fines and penalties in accordance with this article
and applicable fine provisions of the municipal code of this City. The Administrative
Law Judge may also order the respondent to take corrective action. Further,
in lieu of imposing a fine, the Administrative Law Judge may order a respondent
to perform a term of community service.
H.
Finding, decision and order. The decision of the Administrative
Law Judge regarding liability and any applicable penalties made at the conclusion
of a hearing shall be written and serve as a final determination. The order
shall also contain, at a minimum, the following information and warnings:
(1)
A statement that the unpaid fine and any penalty assessed
is a debt due and owing the City.
(2)
A date by which the violation must be brought into compliance
with the City Code, if applicable.
(3)
A statement that the respondent may appeal the decision
to the Circuit Court within 35 days, pursuant to the Illinois Administrative
Review Act set forth in 735 ILCS 5/3-101 et seq.
I.
Final determination. The determination of liability shall
constitute a final determination for purposes of judicial review and shall
be subject to review under the Illinois Administrative Review Law as set forth
in 735 ILCS 5/3-101, et seq.
Administrative review of final determinations issued by the Administrative
Law Judge under this article shall be subject to the provisions of the Administrative
Review Law as set forth in 735 ILCS 5/3-101 et seq. of the Illinois Code of
Civil Procedure, which sections are incorporated herein by reference.
A.
Enforcement. Upon expiration of the period in which judicial
review under the Illinois Administrative Review Law may be sought for a final
determination of liability for a City 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.
B.
Court costs, attorneys' fees and costs of collection.
In any case in which a person has failed to comply with an Administrative
Law Judge's judgment ordering the correction of a City Code violation
or imposing any fine or other sanction as a result of a City Code violation,
any expenses incurred by the City to enforce the judgment, including, but
not limited to, attorneys' fees, court costs, and costs related to property
demolition or foreclosure, after they are fixed by a court of competent jurisdiction
or by the Administrative Law Judge, shall be a debt due and owing the City
and may be collected in accordance with applicable law.
(1)
Prior to any expenses being fixed by the Administrative
Law Judge pursuant to this subsection, the City shall provide notice to the
person that states that the person shall appear at a hearing before the Administrative
Law Judge to determine whether the person 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 on the date the notice was deposited in the
mail.
(2)
Upon being recorded in the manner required by Article
12 of the Code of Civil Procedure (735 ILCS 5/12-101 et seq.) or by the Uniform
Commercial Code, a lien shall be imposed on the real estate or personal estate,
or both, of the person 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
would be enforced in a court of competent jurisdiction.
Nothing contained in this article shall prevent the City from pursuing
all available remedies, allowed by law, to collect money judgments.