O-24-28VILLAGE OF DEERFIELD
ORDINANCE NO. 2024 0-24-28
AN ORDINANCE AMENDING VARIOUS SECTIONS OF "THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED,
TO ESTABLISH AN ADMINISTRATIVE HEARING SYSTEM
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant
to the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, after extensive study and review by Village staff, the Village Board has
determined that the adoption of an administrative hearing system for the enforcement of
certain Village ordinances and regulations will benefit Village residents by providing an
effective and efficient alternative to prosecuting Code violations in the either the Lake or
Cook County Circuit Courts; and
WHEREAS, pursuant to the authority conferred upon home rule units under Division
2.1 of the Illinois Municipal Code, the Village Board finds that it is necessary and in the
public interest of the Village that "The Municipal Code of the Village of Deerfield, Illinois,
1975," as amended ("Village Code') be further amended as provided in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO: AMENDMENT TO CHAPTER 1 OF THE VILLAGE CODE.
Section 1-30, titled "Alternative Citations And Fines For Miscellaneous Offenses" of Chapter
1, titled "General Provisions," of the Village Code is hereby amended to read as follows:
Sec. 1-30. Alternative Citations And Fines For Miscellaneous
Offenses:
(f) Failure To Settle Offense: If the person to whom a citation is issued
pursuant to this section fails to pay and settle the alleged offense, or
fails to remove or correct the offense within the prescribed time, the
police, code enforcement officer or other designated village
representative is authorized to cause a summons and complaint,
warrant, notice to appear or other process requiring mandatory
court appearance to be served upon the alleged offender and to
prosecute the same before an administrative hearing officer or
in the circuit court of the appropriate county. In such event, payment
of any fine and costs shall be in such amounts as may be determined
and established by the circuit court."
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-
Additions
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SECTION THREE: AMENDMENT TO CHAPTER 2 OF THE VILLAGE CODE.
Section 2-72, titled "Village Prosecutor; appointment; powers and duties" of Article 6, titled
"Village Attorney and Village Prosecutor" of Chapter 2, titled "Administration," of the Village
Code is hereby amended to read as follows:
"Sec. 2-72. Village Prosecutor; appointment; powers and duties.
(a) The President, with the advice and consent of the Board, may appoint
an attorney to prosecute ordinance violation cases.
(b) It shall be the duty of the prosecutor to handle all such prosecutions
before an administrative hearing officer or in that branch of the
Circuit Court of Lake County and in that branch of the Circuit Court of
Cook County assigned to hear and determine cases involving a violation
of a Village ordinance.
(c) The Village Attorney shall assist such Prosecutor upon request of the
Prosecutor.
(d) The Prosecutor shall notify the Village Attorney of any notice of appeal
served in connection with the imposition of any fine or other penalty for
a violation of a Village ordinance."
SECTION FOUR: AMENDMENT TO CHAPTER 2 OF THE VILLAGE CODE.
Chapter 2, titled "Administration," of the Village Code is hereby amended to add a new
Article 16 which shall be and read as follows:
"Article 16. Administrative Hearing System
Sec. 2-180, Establishment of Administrative Hearing System:
There is hereby established administrative hearingsystem
to provide for the fair and efficient enforcement of the Village
ordinances delineated in this article through an administrative
adjudication process. This administrative hearing sys em is
established pursuant to the authority f Division 2.1 of Article I of the
Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seg., which authorizes a
home rule municipality to implement a system of administrative
adjudication for Code violations: Division 3 _ f the Illin is
unicipal Code,-6-5 ILCS 5/11-31.1-1 et sea., which authorizes a
municipality to provide a system of administrative adjudicatio for
certain building code violations: and Section 11-208.3 of the Illindss
Vehicle Code, 625 ILCS 5/11-208.3 et sea., which authorizes a
municipa ity to_nrovide a system of ,administrative adjudication for
vehicular standing. parkins, and compliance violations
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4889-6999-5940, v. 2
Sec. 2-185. Scope:
.N� i h n in n other hi 11
r i i ni of the Code may be enforcedinstitutin
administrative adjudication proceedingprovided in this articl
unless administrative adjudication of the alleged violation is
otherwise_prohi deed by law,
Sec. 2-190. Definitions:
or purposes of this article. the following terms shall be Lxiven
these definitions:
Code enforcement administrator: That person or those nersnns
appointed by the Village Manager pursuant to, and having those
responsibilities set forth in Section 2-210 of this Codes
Compliance bond;- A _bond to ensure a violator's timely
compliance in correcting a Violation, as provided in Section 2-245 of
this Code.
Enforcement expenses: Any expenses incurred by the Village to
enforce a judgment entered against a violator, including without
limitation, administrative costs, attorney fees. cou# , and costs
related to securing compliance with this Code, as gromided in Section
2-225 of this Code.
Hearing. A hearing on an alleged violation conducted pursuant
to Section 2-225 of this Code.
Hfarinm pf icer: That person or those persons gppointed
pursuant to, and having those responsibilities set forth in. Section 2-
205 of this Cod
Illinois administrative review law: Section 3-101 et sea. of the
Illinois Code of Civil Procedure, ILC,9 5/3-101 a .-$je .
Initial ticket: A ticket issued by an individual authorized by the
ViUa -e Maxi ger. in compliance with the most current policies and
regulations of the ticket issuer's Village De artment for any Violation
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4889-6999-5940, v. 2
of any Chanter of the Village Code that has a penalty provision that
permits the pre -payment of fines.
Village Code r The ni i 1 Code of the Village
Deerfield, Illinois, 1975, as amended.
Violation: A violation of those specific chanters of the Villll see
Code, and all sections and divisions within such chap Mrs, _,aet forth in
Section 2-185,
Violation notice: A notice of any Violation issued pursuant to
Section 2-215 of this Code.
Sec. 2-195, Hearing Procedures on -Exclusive:
The existence of the administrative_hc ring system shall not
preclude the Village from using other methods or proceedin sto
enforce and adjudicate the Code or other r 'n n f_the ill
without limitation, th institufion of an action in the
Circuitrt of Lake n Circuit Court of Cook County, the
United States District Court, or any administrative proceeding.
Sec 2-200 Composition of Administrative Hearing System:
The administrative hearing system n i f one or mQm
hearing officers, one or more code enforcement administrators.�he
illage Prosecutor and such other counsel representing the Yag_e_a
may be necessary, and hearing room personnel, all with the power.
authority, and limitations as set forth in this article.
Sec. 2-205. Hearing Officer:
(a) Appointment. The Village Manager shall ap__
poinr more
gualified hearing officers to performAhe functions set forth in
this article.
(b) Term. The term of a Hearing -Officer shall be one ear• rovWed
however,that the Village Manager may remove a Hear'
Officer, with or without cause.
(c) ua i ications. To qualify as a Hearing Officer, an individual
must:
(1) Be an attorneylicensed to practice,in the State of
Illinois for at least three years:
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(2) Be in good standing with the Illinois Supreme Court
Attorney Registration and Disciplinary Commi i n• n
(3) Complete a formal training program approved by the
Village Manager consisting of:
i. In tru tion on the rules uref r
administrative rings:
ii. Orientation to each subject areaf theill
Code that will be adjudicated;
iii. Observation of hearings conducted by Illinois
munici alities that have adopted— the
administrative hearing system;
iv. Participation in hypothetical hearings, including
ruling on evidence and issuance of final orders.
(d) Compensation. Authorization for compensation for a Hearin
Officer shall be made by the Village Board through the Village's
process.annual budget m n a i shall be determined b
the VillageManager i hip anproved budat limitation
(e) Authority and Jurisdiction. The Hearing Officer shall haye all
powersnecessary to conduct fair-andfair—and imgartial hearin
including. but not limited to, the power to;
(1) Hold conferences for the settlement or simplification of
the iss�zes: - - - --
(2) Administer oaths and affirmations;
(3) Conduct hearings in accordance with this article
including hearing testimony and accenting evidence that
is relevant to the allegation of a Violation;
(4) Rule upon motions, objections. and the admissibility of
evidence•
(5) At the request of any party or on the Hearing Officer'
own motion issue subpoenas directing witnesses to
appear and give relevant testimony at the He rin _,_ or
directing the production of relevant books records, or
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4889-6999-5940, v. 2
other information, but _only if the Hearing Officer
determines the subpoenaed information is necessary to
present relevant evidence that relates to a contested
issue in the case;
(6) Preserve and authenticate the record of the Hearing.
including all exhibits and evidence introduced at the
rip
(7) Postpone or continue a violator's Hearing to a later
Hearing date-
(8) Issue a final det_e_rminati!un=based on the evidence
presented at the Hearing. on whether a Violation
occurred or exists. The Hearing Officer's feral
determination shall be in writing _andshall inclue
written findipgs of fact and cimclusions of law, including
any corrective measures, the applicable fines and
penalties, or other action with which the violator must
o
(9) Impose penalties consistent with applicable Code
provisions, order the violator to obtain a compliance
bond,nd reguire thei t r to take rr tiv
measures to care the Violation upon finding a violator
liable for the charged Violation, except as expressly
provided in this article:
(10) Impose administr tine co-sU in an amount not less than
the minimum amount set by the Board of Trustees in a
resolution adopted pursuant to Section 2-260 of this
Code, upon finding- violator liable for the car e
Violation. The Hearing Officer shall have no authority to
waive, or impose an amount less than the minimum_
amount Board;
(11) Require, upon recommendation of the Village, that a
violator complete, a f qf m letio of , -a
specified period of community service with an
organization designated by the Village Manager in
consultation with the Chief of Police. Such community
service may include, without limitation, a specific period
of attendance at a designated educational program or the
receipt of counseling related to substance abuse, This
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4889-6999-5940, v. 2
community service requirement may be imposed in
addition to, or in lieu of, any applicable fines and
administrative costs for the Violation;
(12) Upon recommendation of the Village, acs"t_and enter
any agreed order. cont.uancc, or other agree
disposition of any matter: and
(13) Conduct and adjudicate hearings concerning towed
motor vehicle& in accordance with and pursuant to
Chapter 22 of the Code.
Sec. 2-210. Code Enforcement Administrator:
(a) Appointment. The Village Manager shall appoint one or more
Code Enforcement Administrators to perform the functions set
forth in this articles The Code Enforcement Administrator ma'v
be employee of the Village or may be an independent
contractor or agency contracted by the Village Manager and be
compensated in an amount as determined by the Village
Manager.
(b) Authority and Jurisdiction. The Code Enforcement
Administrator is hereby aut orized, empowered, and directed
ttQ
(1) Promulgate rules and regulations reasonably required to
manage and operate the Administrative Hearing System;
(2) AQpt, distribute,
-and --process
all
notices
as m
be
required under this article,
—or as
may
reasonably
—be
required to
carry out the
purpose
of
this article:
(3) Collect payments made as a result of fines and/or
penalties assessed and transmit such payments to the
Director of Finance:
(4) Certify reports to the Illinois Secretary of State
concernixL initiation of suspension of driving xKrivile es
in accordance with the provisions of this article an
those of 625 ILCS 5/6-306.5:
(5) Refer to the Finance Director the collection of unn i�d
fines and penalties through private collection a encie
that the Village m retain or by filing complaints in the
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Circuit Court of hake C_Qunty and the Circuit Court of
Cook County: or select or appoint an individual or agency
to act Qn. _behalf of the Village_ in _filing com _ in
seeking judgments for unpaid fines or- penaltips and
pursuing all post-iudgment remedies available under
current 1
(6) Certify copiesf fin in", decisions and order
adjudicated pursuant to this article, and any factual
reports verifying the findings, decisions and orders that
are issued in accordance with this article or the law3 of
the State of Illinois; and
(7) Oversee the operation and maintenance of the computer
pMrams for the Administrative Hearing Sy
including, without limitation:
i. Inputting information for Violation Notices:
ii. Establishine_an annual calendar of Hearin es
and deadlines for submittal of Violation Notices for
each Hearing date-
iii. Recording fine and penalty assessment and
payments•
iv. Issuing payment receipts-
v. Issuing notices of Hearingdates, notices of default,
and -such other notices as may be necessary to
implement the Administrative Hearing_ System.
and final notices; and
vi. Keening accurate records of appearances and non -
appearances at Hearings, requests for
adjudication by mail. pleas entered, final
determinations of the Hearing Officer, _fmcs ndd
other penalties assessed and_ ai=
(8) Postpone or continue a violator's Hearing to a later
Hearing to suchre uest is made prior to the first
scheduled Hearing date.
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Sec. 2-215. Violation Notices:
(a) A th_ rity
to Issue. All full-time.
part-time and auxiliary
nplice_
officers, as
well as other individuals
holding positions
in any
department
of the Village and
specifically authorized
by the
)Ri11 Manager,
may institute
n administrative adjudication
proceeding
by forwarding a copy
of a Violation Notice,
which
has been
properly served
h Enf r
m nn
Administrator.
(b) Contents of Violal-tionNotice. A Violation Noticeshall con 'n
without limitation, h fullowing information•
(1) The name, department, and signature of the issuer of the
Viqjajjn N tice-
(2) The name and address of the violator:
(3) The date, time and location of the alleged Violation;
(4) The type and nature of the alleged Violation:
(5) The section(s) of the Code or rule or regulation which
was allegedly violated;
(6) The legal authority and jurisdiction under which the
Hearing is to be held;
(7) The date, time, and location of the Hearin •and
(8) The penalties for failure to alMearatthe Hearin .
(c) Certffjcation by Signature. The issuer of a ViolatiQn N Qice shall
certify a correctness of the specified information b • signing
his or her name to the Violation Notice or, in the case of —a notice
produced by a computer device, by A'n sin,je certificate
to be kept by the Code Enforcement Administrator, attesting
the correctness f all notices r uced by the device while
under his or her control.
(d) Prima Facie iolation Notice shall constitute
prima facie evidence of the Violation cited.
(e) Service. The issuer must serve the Violation Notice in the
manner provided in Section 2-2�24 f this Code.
(f) Retention of Record. The Code EnforcementAdministrator shall
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retain the original or a facsimile of the Violation Notice and
keen it as a record in the ordinary course of business.
(g) Admissibility as Evidence. The Violation Notice or A s.onv
thereof shall be admissible in the Hearing and any subsequent
administrative or judicial proceeding to the extent permitted
by law.
(h) Violation Notices for Initial Tickets allowing Pre -Payment o
Fines. For Violations of any Chapter of the Code that has a
penalty provision that permits the pre -payment of a specific
fine, an individual authorized by the Village Manager shall
issue an Initial Ticket. The Initial Ticket shall notify the
violator in writing.that the violator meither h - ified
fine before the hearing or attend the hearing on the date. time.
and at the location as provided on the Initial Ticket.
Sec. 2-220. Service of Violation Notices;
Service of a Violation Notice may be made as follows:
(a) Via Personal Service. By personal service, including personal
service upon an employee or agent of the alleged violator at a
place of business of the alleged violator or otherwise if such
service i3 r_e_asgnably cglc .lgted to give the alleged violator
actual notice; or
(b) Via Mail or Overnight Carrier. By first class or express mail or
by overnight carrier, postage prepaid, at the violator's
residence address or, if the violator is a business entity, at any
address identified for its registered agent or at its principal
place of business:
(c) Via Posting. When the alleged violator is the owner or manager
f the nronerty by posting a cony of the violation notice on the
front entrance of the building or other structure where the
violation is -found, or -if the, pronerty is unimpr_wed or &need
off. by posting a copy of the violation notice in a prominent
place upon the property where the violation is found: or
(d) Via Electronic Notif riis
means such as email when allowed under state or local laws or
regulations or as authorized by the alleged violator or their
representative or agent.
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Sec. 2-225. Hearings:
11 Hearings conducted under the Administrative Hearin
System shall be conducted by a Hearing Officer and shall be in
accordance with the following --rules and procedures:
(a) Hearina date, time and place. The hearing will commence at the
date, time, and place set forth in the Violation Notice, unless an
initial continuance is grante the Code Enforce
Administrator, providing that for Hearings scheduled in all
non -emergency situations, if requested by the violator, the
violator shall have at least 15 days after service of process to
prepare for a Hearing. For purposes of this subsection. "non -
emergency situation" means any situation that does not
reasonably e n i . to a threat to the public interest, safety.
health. or welfare. If service is provided y mail _t _e 15-dav
period shall begin to run on the date that thenotice ia deposited
in the mail.
(b) Audio recording. The Hearing's shall be audio recorded-
(c) Representation of Parties. The parties may be represented at
he hearing by counsel, present witnesses, and cross-examine
opposing witnesses. All counsel must file an appearance on a
form provided by the Code Enforcement Administrator. The
Village will he represented at hearings by the Village
Prosecutor or Village Attorney or his or her desigpgt,
(d) Subpoenas. Parties may rcqueat _tjwBgffring. Officer to issue.
and the Hearing Officer shall have the authority to issues,
xoenas to direct the attendance and testimony of relevant
witnesses and produce relevant documents pursuant to Section
2-205 of this Code.
(e) Rules of Evidence. The formal and technical rules of eyld_ence
shall not apply. Evidence, including hearsay, may be admitted
but only if it is of a type_ commonly relied upon by reasonable.
prudent persons in the conduct of their affairs.
(f) Disposition of Hearings. Ea h Hearing that does not result in a
_negotiated resolution presented to the Hearing Officer
pursuant to Section 2-205 shall culminate in a determination of
liability or nonliability by the Hearing Officer after receipt of
the evidence presented, or when the violator does not appear at
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4889-6999-5940, v. 2
the schedizl�a Hearing by entry of a determination of def&ult
liability.
(g) Hearing Officer Discretion and Remedies, Pursuant
subject to the limitations set forth inSection 2-205. the Hearing
Officer shall, Mpon a determination of liability, hayethe
discretion to assess fines and penalties in accordance with the
_Code, including without limitation to order the violator to
undertake corrective actions to remedy each Violation. In
addition, pursuant to, and subject to the limitations set forth in.
Section 2-205, the Hearing Officer shall assess administrative
costs upon finding a violator liable for the charged Violation.
(h) Limitation of Authority. In no event shall the Hearing Officer
have authority to: (a) impose a penalty of incarceration: or (b)
im e a fine inexcess of _ single i i n T
maximum monetary fine im_vosed under this Section shall be
exclusive of administrative costs, costs of enforcement, interest
charges for late payments, or costs incurred by the Village to
,secure compliance with the Villaae's C de and ordinances, -and
hall not be applicable to cases to enforce the collection of any
tax imposed and collected by the Village.
(i) Hearing Room Personnel. Hearing room personnel shall be
designated and appointed by the Village's Chief of Police and
shall be authorized and directed to:
(1) Maintain hearing room decorum;
(2) Execute.-ut ority as is granted to courtroom deputies of
the Circuit Court of Lake County and Circuit Court of
Cook County: and
(3) Perform such other duties or acts as may reasonably be
required and as directedh Hearin Officer or the
Code Enforcement Administrator, including without
limitation that police officer rip ro
personnel may r vide relevant testimonyunder oath or
affirmation as deemed appropriate by the Hearin
Officer.
(j) Hearing Record. The record of all hearings before a Hearing
Officer shall include: (1) the recording of the Hearing"
2) all
documents gresented at the Hearing, f the Violati n
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4889-6999-5940, v. 2
_ - nd (4) a cots v of the findings and decision of the Hearing
Officer.
(k) Hearings Concerning_ The hearing rules r m 1
by theo nt Administrator shall- include
procedures for the confidentiality of hearings concerning
alleged violations by juveniles.
2-230. Liability For Failure To Appear At Hearin
(a) Default. If at the time set for Hearing, the violator, or his
attorney or agent of r cord. fails to appear. and the Hearing was
neither t oned by the Code Enforcement Administr r
_pursuant to his or her authority under Section 2-210, nor
continued by the Hearing Officer pursuant to his or her
authority under Section 2-205, the Hearing Officer may enter a
finding of default and impose liability the violator
including the assessment of fines up to the maximum permitted
for each violation and of administrative costs, A copy of the
finding of default, which is a final determination. _shall be _sent
promptly to the violator by first-class mail, postage prepaid,
and shall apprise the violator of the procedure for setting aside
the finding of default pursuant to this section and of the
availability to appeal the finding of default to the Circuit Court
of Lake County or the Circuit Court of Cook_ County.
(b) Set Aside of Default. A written petition to set aside a finding of
default shall be -considered, in accordance with the following
procedures:
(1) The petition must be filed by the violator or his or_her
agent with the Code Enforcement Administrator not
later than 21 days. from the date on which the finding of
default was made, arovided that a violator may He a
netiti_gAAp _seI asides the finding of default at-anny time if
such violator establishes that the Village did not provide
proper service of process.
(2) The Hearing Officer, or the Code Enforcement
Administrator if authorized by the rules governing the
Administrative Hearing System, shall render n ded i n
on a timely filed petition-.promptlyafter the date of
receipt of the petition.
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4889-6999-5940, v. 2
(3) The grounds for setting -a de - finding of default shall be
limited to the followiAM-
L The Berson, against whom the finding of default is
made, not beingthe owner or lessee of the citpd
vehicle or not being the owner, tenant, or manager
of the cited property on the date the Violation
Notice was issued:
ii. The person having paid the fine or penalty prior to
the finding of default for the Violation in question:
iii. Excusable failure to appear at or request a neW
date for any Hearing; or
iv. The violator establishes that the Village did not
provide proper service of process.
(4) Should the finding of default be set aside. the Code
Enforcement Administrator shall notify the violator that
the finding of default has been set aside, as well as any
default fines and administrative costs, and of the date.
time and place for a new Hearing on the merits of the
Violation. Notice will first-class'1
postage prepaid, to the address set forth on the petition
hereunder, and service thereof shall be complete on the
date the notice is deposited in the United States mail. The
Baring Officer shall have authority to enter an order
extinguishing any lien ghat has been recorded for an_v_
debt due and owing he Village as a result of the vacAted
finding of default.
Sec. 2-235. Adjudication by Mail:
Any person who has been served a Violation Notice may elect to
contest the alleged Violation by mail and without personally
appearing at a Hearing by,
(a) Fully completing and _ submitting a written request for
adjudication by email in the form and manner specified by the
Code Enforcement Administrator, including without limitation
providing he re uestor's name nd current address where the
adjudication should be mailed -
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4889-6999-5940, v. 2
(b) Acknowledging in the written request that the reauestor is
affirmatively waiving his or her personal appearance at the
Hearingand consenting to an adjudication in his or her ab5knee
by the Hearing Officer:
(c) Submitting the written request no later than 7 days prior to the
scheduled Hearing, unless otherwise authorized by the Code
Enforcement Administrator;
(d) Including with the written request any grounds or evidence the
re uestor wishes the Hearing Officer to consider in
adjudicating the Violation:
(e) The Hearing Officer shall make a decision based upon the facts
set forth in the written request. the Violation Notice. -and -any
additional relevant evidence presented at jhg=jbea-r-in-g.JLy=tbe
Village;
(f) Notice of
the final determination of
the Hearing
Officer in an
adjudication
by mail shall be served
upon the reauestor
by firft-
class mil,
postage repaid. addressed
to the violator
at the
address
set forth in the written request,
with service
of notice
deemed
complete on the date the
notice is deposited
in the
United States
mail,
Sec. 2-240, Judicial Review:
Any final decision by a Hearing Officer that a Violation does Qr
does not exist shall constitute a final determination and shall be
aubjgr,t to judicial review under the Illinois Administrative Review_
Law. The Village's answer to any complaint for administrative review
shall be the filing of the hearing record described in Section 2 225 of
this Code pursuant to the reviewing court's rules and procedures.
Sec. 2-2. Compliance Bond:
(a) In order to ensure that Violations are remedied in a timely
manner, the Hearing Officer, n issuing a determination of
liability that includes an order of compliance, shall have the
authority to order the violator to obtain a Compliance
Any Compliance Bond ordered pursuant to -this Section shall
name the Village as a beneficiary n shall be in the amoun
specified by the HeAribig Officer, provided that the amount of
the ompliance Bond shall be reasonably related to_tb& Gost_of
compliance. If the violator fails to xemedy in a timg_ly-manner
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4889-6999-5940, v. 2
tje Viglation(s) for which a Compliance Bond ha"Cen ordered
n issued, and the Village k remediation Qr
otherwise expends funds elated to those Violation(s). the
Hearing Officer, after giving_ the parties notice and an
opportunity to be heard, as provided in Section 2-250, may issue
n order permitting the Village to draw against the Compliance
Bond in an appropriateamount. The Hearing Officer shall
order the Compliance Bond amount, less the reasonable c_o__sts
incurred by the Village. returned to the violato"Don -proof of
(b) In the eventr ordered to secure a Compliance
provided by this Section seeks judicial review of that portion of
the Hearing ffi er's order requiring Bond and
prevails on that issue, the Village shall release the Compliance
Bond and if the Village has drawn against the Compliance
Bond, the Village .shall refund to the violator the total amount_
drawn within 30 days of receiving a copy of the reviewing
court's mandate.
Sec. 2-250. Enforcement of Hearing Officer Decision:
(a) Fines. All fines andother monies to b&jl&W to theill 'n
accordance with this article shall be remitted to the Village and
deposited in the appropriate Village account as designated by
the VillageManage,
(b) Debt to the Villa".Any fine,penalty,.or part of any e or
penalty assessed in accordance with -the -provisions of this
article and remaining unpaid after the exhaustion o£ &rye
failure to exhaust, administrative procedures under his articl
and the conclusion of any judicialprocedures, shall be a
debt due and owing the Village, and,as such may be collected
in accordance with applicable law and as provided in this
Section=
(c) Entpreement as Judgment. After expiration of the period that
judicial review under the Illinois Administrative Review Law
may be sought, unless staved by a court of competent
jurisdiction, the findings, decision, and order of the hearing
Officer may be enforced in the same manner aq a judgmen
entered by a court of competent iuri$ iction.
(d) Liabiditti Lor Viira ge Enforcement Expenses. If the violator fails
to co=ly with a judgment ordering the violator to correct
Additions are bold and double -underlined; A-IM:i- are stnaek through-.
16
4889-6999-5940, v. 2
Viglation or imposing any fine or other sanction, the Villaaels
Enforcement Expenses, after they are fixed_ y a court of
competent ri is Officer in r
with the Section, shall be a debt due andinVillage and
may be collected in accordance with applicable law, including,
without limitation, drawing against any Compliance Bond,
(e) Lien on Property. In addition to all other enforcement action
set forth in this article, the Hearing Officer, after providing the
notice and opportunity to be heard, in accordance with the
Section, hall have the right lien on the real es
r personal estate, or both, of the violator in the amount of any
debt due and owing the Village for any Violation adjudicated
under this article, including any and all Enforcement penes.
(f) Final Notice and Hearing, Prior to
Expenses p_urs_u tQ this Section:
i) imposing
or (ii)
Enforcement
imposing
a lien
pursuant
_an
to this Section, the Hearing
Officer
shall conduct
a
Hearing
pursuant to notice sent by
-first-class
mail, postage
prepaid,
not less than seven days
prior to
the date
of the
Hearing,
Theviolator's failure to appear
at such
Hearing
1
not
11reclude the Hearing Officer from imposing
Enforoemennt
Expenses
or a lien.
Sec. 2-255. Violation of Hearing Officer Decision:
(a) The violation of a Hearing Officer's decision is itself av_iol_ation
of this Section. A person violates this section if he or she: (1)
receives notice and an opportunity to be heard under this Code:
and (2) knowingly fails to comply with an order issued by a
Hearing fficer under this article.
(b) Each day that a violation of this section occurs shall be
considered a separate and distinct offense.
(c) It shall be an affirmative defense to this section that a cQurt of
competent jurisdiction staved the order issued by the Hearing
Officer prior to the effective date of the order.
(d) It is not a defense to -this section. that a person O came into
compliance or attempted to come into compliance with _the
order after the date the order by its terms reaui-,d compliance,
or (2) sought judicial review of the order but failed to obtain
stay of the order l2rior to the date the order by its terms
required compliance.
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17
4889-6999-5940, v. 2
(e) The Village shall -institute actions under this Section_ in a court
of competent jurisdiction.
Sec. 2-260 Administrative Costs and Interest Char es:
Administrative costs assessed pursuant to_th_ ra ichhall he
in the amounts e li lied
,-Lom time to time,the Board of
Trustees pursuant tothe-Annual Fee Ordinance. Except as otherwise
provided by law, interest on any judgment shall accrue at the rate set
for interest unon iudements pursuant to the Illinois Code of Civil
Procedure, 735 ILCS 5/2-13Q3."
SECTION FIVE: PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION SIX: EFFECTIVE DATE. This Ordinance will be in full force and
effect after passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Additions are bold and do ll-underlined; delet enS ^r^ BtFuek through
18
4889-6999-5940, v. 2
AYES: Benton, Berg, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Goldstone, Metts-Childers
PASSED: September 3, 2024
APPROVED: September 3, 2024
ORDINANCE NO. 0-24-28
c
Daniel C. Shapiro, Mayor
Additions are bold and double -underlined. a^L^ti^nr ^ struck through
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4889-6999-5940, v. 2