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Home My WebLink AboutO-25-19VILLAGE OF DEERFIELD ORDINANCE NO. 2025- 0-25-19 AN ORDINANCE AMENDING CHAPTER 2 OF "THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED, REGARDING THE PREPAYMENT OF FINES 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, Chapter 2 of "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code', provides regulations for Village regarding the Village's administrative hearing system; and WHEREAS, Village staff have identified the need to add regulations for the pre -payment of fines prior to an administrative hearing; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to amend Chapter 2 of the Village Code pursuant to 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: DEFINITIONS. Pursuant to the Village's home rule authority, Section 2-182, titled "Definitions," of Article 16, titled "Administrative Heading System," of Chapter 2, titled "Administration," of the Village Code is hereby amended to read as follows: "Sec.2-182. 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 2-186 of this Code. Compliance bond: A bond to ensure a violator's timely compliance in correcting a Violation, as provided in Section 2-193 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 Additions are bold and double -underlined; a..',.t:,,.,., Fa3e. str-ue'- thFE)•.,.h 1 4912-2278-2286, v. 1 related to securing compliance with this Code, as provided in Section 2- 189 of this Code. Hearing: A hearing on an alleged violation conducted pursuant to Section 2-189 of this Code. Hearing officer: That person or those persons appointed pursuant to, and having those responsibilities set forth in, Section 2- 185 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. -WORM~ Mc 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 2-181. Violation notice: A notice of any Violation issued pursuant to Section 2-187 of this Code. Zoning Code: "The Deerfield Zoning Ordinance 1978," as amended." SECTION THREE: VIOLATION NOTICES. Pursuant to the Village's home rule authority, Section 2-187, titled "Violation Notices," of Article 16, titled "Administrative Heading System," of Chapter 2, titled "Administration," of the Village Code is hereby amended to read as follows: "Sec. 2-187. 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: Additions are bold and double -underlined; deletions -a-ve struck through. 2 4912-2278-2286, v. 1 (1) The name, department, and signature of the issuer of the Violation Notice; (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; (6) The legal authority and jurisdiction under which the Hearing is to be held; (7) The date, time, and location of the Hearing; and (8) The penalties for failure to appear at the Hearing. (c) Certification by Signature. The issuer of a Violation Notice shall certify the correctness of the specified information by signing his or her name to the Violation Notice or, in the case of a notice produced by a computer device, by signing a single certificate to be kept by the Code Enforcement Administrator, attesting to the correctness of all notices produced by the device while under his or her control. (d) Prima Facie Evidence. The Violation 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 2-188 of this Code. (f) Retention of Record. The Code Enforcement Administrator shall retain the original or a facsimile of the Violation Notice and keep it as a record in the ordinary course of business. (g) Admissibility as Evidence. The Violation Notice or a copy thereof shall be admissible in the Hearing and any subsequent administrative or judicial proceeding to the extent permitted by law. (h) time,Vielatiens of any Chapter of th-e- Code th-at has a penalty preN4rsien that permits the pre payment of a speeifie Ane, an individual autherized by t1h-e 1,411-age Manage-F sh-All is -sue. -AR Initial Tieket The. Initial Ti SIRA-1-1 Hatify the vielater in writing that the vielater- may eitheF pay the nd AM tie 1,,,,.,tien .. vide r +t,.. Initi ,l m;,,y + Prepayment of Fines. Notwithstanding any other provision of this Code, in the event a Violation Notice states that an aiDAearance at a Hearin Additions are bold and double -underlined; a^i tiers...,-v^ ^tr... k thFwagh. 3 4912-2278-2286, v. 1 is nit reauired by the allee'ed violator the alleged violator ma plead guilty and pay a reduced fine of $100.00 by submitting payment to the Village no later than 10 days prior to the Hearing, and will not be required to appear at the Hearing. If the Violation Notice requires that the violator appear for a Baring, then the violator must appear at the Hearing and may be fined an amount up to the amount set forth under the applicable Village Ordinance, as determined by the hearing officer. An alleged violator may not prepay fines for violations of Chapter 6_or Chapter 13 of this Code." SECTION FOUR: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION FIVE: EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its passage and publication in the manner provided by law. AYES: Benton, Berg, Goldstone, Greenberg, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: None PASSED: July 7, 2025 APPROVED: July 21, 2025 ORDINANCE NO. 0-25-19 Daniel C. Shapiro, Mayor ATTEST: Kent S. Street, Village Cl rk Additions are bold and double -underlined; are struck through. 4 4912-2278-2286, v. 1 n oc`RF �o Deerfield Police Department qQ A p nQ�E, Date: July 2, 2025 To: Kent Street, Village Manager From: John J. Sliozis, Chief of Police CC: Deputy Chiefs Budny and Fry Subject: Request for Board Action — Approval of Ordinance Amendment Regarding the Prepayment of Fines On Monday, July 7, 2025, at the regularly scheduled meeting of the Mayor and Board of Trustees, the Police Department will seek approval of an Ordinance Amending Chapter 2 of the Village Code regarding the prepayment of fines. This amendment proposes the amendment of Section 2-187 (h), Prepayment of Fines. The amendment allows for a prepayment of fines in lieu of appearance at the administrative hearing. BACKGROUND With the implementation of the Village Administrative Hearing System, the Police Department is prepared to begin issuing and sending violation notices to the monthly hearings. The amendment of Section 2-187(h) will allow for alleged violators who are issued a violation notice stating an appearance at a hearing is not required, to plead guilty and pay a reduced fine of $100.00. If the alleged violator chooses to make the payment, they will not be required to appear at the hearing. The amendment for a prepayment fine will still hold violators accountable without creating a burden on the administrative hearing system. RECOMMENDATION The Police Department recommends the approval of the ordinance amendment. John J. Sliozis Chief of Police