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Home My WebLink AboutO-24-43VILLAGE OF DEERFIELD ORDINANCE NO. 2024 0-24-43 AN ORDINANCE AMENDING ARTICLE 16 OF "THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED, TO ALLOW FOR THE PROSECUTION OF VIOLATIONS OF "THE DEERFIELD ZONING ORDINANCE 1978," AS AMENDED, THROUGH THE VILLAGE'S 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, the Village administers an administrative hearing system for the enforcement of certain Village ordinances and regulations as an effective and efficient alternative to prosecuting Code violations in the either the Lake or Cook County Circuit Courts; and WHEREAS, the Village Board desires to provide authority for the Village's Hearing Officer to hear cases involving violations of "The Deerfield Zoning Ordinance 1978," as amended; 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's 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 SECTION 2-185 OF THE VILLAGE CODE. Section 2-185, titled, "Scope," of Article 16, titled "Administrative Hearing System," of Chapter 2, titled "Administration," of the Village Code is hereby amended and shall read as follows: "Sec. 2-185. Scope: Notwithstanding any other provision of this Code and the n' Code, all provisions of the Code and Zoning Code may be enforced by instituting an administrative adjudication proceeding as provided in this article, unless administrative adjudication of the alleged violation is otherwise prohibited by law." SECTION THREE: AMENDMENT TO SECTION 2-190 OF THE VILLAGE CODE. Section 2-190, titled, "Definitions," of Article 16, titled "Administrative Hearing Additions are bold and double -underlined, 1 4907-2361-9333, v. 1 System," of Chapter 2, titled "Administration," of the Village Code is hereby amended and shall read as follows: Sec. 2-190. Definitions: For purposes of this article, the following terms shall be given these definitions: Code enforcement administrator. That person or those persons appointed by the Village Manager pursuant to, and having those responsibilities set forth in Section 2-210 of this Code. 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, court costs, and costs related to securing compliance with this Code, as provided in Section 2-225 of this Code. Hearing. A hearing on an alleged violation conducted pursuant to Section 2-225 of this Code. Hearing officer. That person or those persons appointed pursuant to, and having those responsibilities set forth in, Section 2-205 of this Code. Illinois administrative review law: Section 3-101 et seq. of the Illinois Code of Civil Procedure, 735 ILCS 5/3-101 et. seq. Initial ticket: A ticket issued by an individual authorized by the Village Manager, in compliance with the most current policies and regulations of the ticket issuer's Village Department for any Violation of any Chapter of the Village Code that has a penalty provision that permits the pre -payment of fines. Village Code or Code: The Municipal Code of the Village of Deerfield, Illinois, 1975, as amended. Violation: A violation of those specific chapters of the Village Code, and all sections and divisions within such chapters, set forth in Section 2-185. Violation notice: A notice of any Violation issued pursuant to Section 2- 215 of this Code. Zoning Code: "The Deerfield Zoning Ordinance 1978 " s amended." Additions are bold and double -underlined; ^ + •^'r +w ^••^i 4907-2361-9333, v. 1 SECTION FOUR: AMENDMENT TO SECTION 2-195 OF THE VILLAGE CODE. Section 2-195, titled, "Hearing Procedures Non -Exclusive," of Article 16, titled "Hearing Procedures Non -Exclusive," of Chapter 2, titled "Administration," of the Village Code is hereby amended and shall read as follows: "Sec. 2-195. Hearing Procedures Non -Exclusive: The existence of the administrative hearing system shall not preclude the Village fiom using other methods or proceedings to enforce and adjudicate the Code Zoning Code, or other ordinances of the Village, including, without limitation, the institution of an action in the Circuit Court of Lake County, the Circuit Court of Cook County, the United States District Court, or any administrative proceeding." SECTION FIVE: AMENDMENT TO SECTION 2-205 OF THE VILLAGE CODE. Section 2-205, titled, "Hearing Officer," of Article 16, titled "Hearing Procedures Non -Exclusive," of Chapter 2, titled "Administration," of the Village Code is hereby amended and shall read as follows: "Sec. 2-205. Hearing Officer: (a) Appointment. The Village Manager shall appoint one or more qualified hearing officers to perform the functions set forth in this article. (b) Term. The term of a Hearing Officer shall be one year; provided, however, that the Village Manager may remove a Hearing Officer, with or without cause. (c) Qualifications. To qualify as a Hearing Officer, an individual must: (1) Be an attorney licensed to practice law in the State of Illinois for at least three years; (2) Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission; and (3) Complete a formal training program approved by the Village Manager consisting of: i. Instruction on the rules of procedure for administrative hearings; ii. Orientation to each subject area of the Village Code an Zoning Code that will be adjudicated; Additions are bold and double -underlined; 3 4907-2361-9333, v. 1 iii. Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system; and iv. Participation in hypothetical hearings, including ruling on evidence and issuance of final orders. (d) Compensation. Authorization for compensation for a Hearing Officer shall be made by the Village Board through the Village's annual budget process. Compensation shall be determined by the Village Manager within approved budget limitations. (e) Authority and Jurisdiction. The Hearing Officer shall have all powers necessary to conduct fair and impartial hearings including, but not limited to, the power to: (9) Impose penalties consistent with applicable Code and Zoning Code provisions, order the violator to obtain a compliance bond, and require the violator to take corrective measures to cure the Violation upon finding a violator liable for the charged Violation, except as expressly provided in this article; [ ]" SECTION SIX: AMENDMENT TO SECTION 2-215 OF THE VILLAGE CODE. Section 2-215, titled, "Violations Notices," of Article 16, titled "Hearing Procedures Non -Exclusive," of Chapter 2, titled "Administration," of the Village Code is hereby amended and shall read as follows: Sec. 2-215. Violation Notices: (a) Authority to Issue. All full-time, part-time and auxiliary police officers, as well as other individuals holding positions in any department of the Village and specifically authorized by the Village Manager, may institute an administrative adjudication proceeding by forwarding a copy of a Violation Notice, which has been properly served, to the Code Enforcement Administrator. (b) Contents of Violation Notice. A Violation Notice shall contain, without limitation, the following information: (1) The name, department, and signature of the issuer of the Violation Notice; Additions are bold and double -underlined; 4 4907-2361-9333, v. 1 (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. Zoning Code, or rule or regulation which was allegedly violated; .1„ SECTION SEVEN: AMENDMENT TO SECTION 2-225 OF THE VILLAGE CODE. Section 2-225, titled, "Hearings," of Article 16, titled "Hearing Procedures Non - Exclusive," of Chapter 2, titled "Administration," of the Village Code is hereby amended and shall read as follows: "Sec. 2-225. Hearings: All Hearings conducted under the Administrative Hearing System shall be conducted by a Hearing Officer and shall be in accordance with the following rules and procedures: (g) Hearing Officer Discretion and Remedies. Pursuant to, and subject to the limitations set forth in, Section 2-205, the Hearing Officer shall, upon a determination of liability, have the discretion to assess fines and penalties in accordance with the Code and Zoning 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) impose a fine in excess of $50,000 for a single Violation. The maximum monetary fine imposed 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 Village's Code} Zoning Code, and ordinances, and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the Village. Additions are bold and double -underlined; . 5 4907-2361-9333, v. 1 SECTION EIGHT: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION NINE: EFFECTIVE DATE. This Ordinance will be in full force and effect after passage, approval, and publication in the manner provided by law. AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: Metts-Childers PASSED: December 16, 2024 APPROVED: December 16, 2024 ORDINANCE NO. 0-24-43 Daniel C. Shapiro, Mayor ATTEST 4�2. �5 - Kent S. Stree , Village Cler Additions are bold and double -underlined; &'^* ^^^ ^-r^ Straek thpough. 6 4907-2361-9333, v. 1