Loading...
HomeMy WebLinkAboutORDINANCE - 1207 - 3/14/1978 - HEALTH DEPTORDINANCE NO. 1207 AN ORDINANCE AMENDING CHAPTER 24A, SETTLEMENT OF PENALTIES, BY AUTHORIZING THE HEALTH DEPARTMENT OF THE VILLAGE TO ENFORCE HEALTH CODE VIOLATIONS AND PROVIDE FOR VOLUNTARY SETTLEMENT AND COMPROMISE OF THE VARIOUS PENALTIES THEREFOR WHEREAS, the Village of Elk Grove Village is a home rule municipality as defined by the Constitution of the State of Illinois; and WHEREAS, the Village of Elk Grove Village is adopting this Ordinance pursuant to its authority to regulate for local governmental affairs as a home rule municipality; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page, Illinois, as follows: Section 1: That Chapter 24A, Settlement of Penalties, be and the same is hereby amended by adding thereto a new Article, which shall read as follows: Article 2. Settlement of Health Code and Related Offenses. 24A.201. Authorization. The Health Department of the Village of Elk Grove Village, through its duly appointed officers, inspectors and employees are hereby authorized to issue citations, notices to appear in court or complaints for violations of Chapter 16 and Chapter 16A of the Municipal Code of the Village of Elk Grove Village. 24A.202. Settlement. Any person, firm or corporation upon whom a citation or notice is served, whether by personal service, service by certified mail or otherwise, may elect to settle and compromise the penalty arising from same by paying to the Village Clerk at the Village Hall the following settlement amounts: Violation Due Date Penalty Final Notice Date Penalty Chapter 16, Article 1 $ 10.00 $ 20.00 (Contagious Diseases) Chapter 16, Article 2 $ 10.00 $ 20.00 (Garbage and Refuse) Chapter 16, Article 3 $ 10.00 $ 20.00 (Offenses Related to Health) Chapter 16, Article 4 $ 10.00 $ 20.00 (Nuisances) Chapter 16, Article 5 $ 10.00 $ 20.00 (Plants and Weeds) Chapter 16, Article 6 $ 25.00 $ 50.00 (Food Service Sanitation Ordinance) Chapter 16A $ 25.00 $ 50.00 (Housing Maintenance and Occupancy Code) 24A.203. Due Date - Final Notice Date. The due date for settlement of any of the above offenses shall be five (5) days from the date on which the citation or notice is served. The final notice date shall be five (5) days from the date on which said final notice is served. 24A.204. Sworn Complaint. In the event that the person, firm or corporation upon whom such citation or notice to appear is issued, fails to settle and compromise said claim within the prescribed time, then the Iiealth Department officer, inspector or employee is authorized and directed to file a sworn complaint in the Circuit Court of Cook or Du Page County (as jurisdiction directs), charging the violator with the violations set forth on the citation above referred to. A copy of such complaint or summons shall be issued and served upon the defendant violator in the manner prescribed by law, setting forth the date, time and place such complaint shall be heard by the court. Any person, firm or corporation upon whom a summons and/or complaint is served may elect to plead guilty up to five (5) days before the scheduled court date and pay a fine equal to three (3) times the due date penalty, plus Ten ($10.00) Dollars costs. Section 2: If any Section of the P4unicipal Code is contrary to the provisions of this Ordinance, the provisions of this Ordinance shall be deemed to supersede such other sections and shall be controlling, and those paragraphs of Section 24A.101, Subparagraph b, which refer to settlement of violations of Chapter 16, are hereby repealed. Section 3: The provisions of this Ordinance shall not prohibit or waive the right of the Police Department of the Village of Elk Grove Village to enforce the provisions of the applicable Sections of the Health Code included in the settlment provisions herein. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 ATTEST: Eleanor G. Turner VILLAGE CLERK PASSED this 14th day of APPROVED this 14th day of PUBLISHED this 22nd day of in the Elk Grove lierald feVi—1.019"s Charles J. Zettek VILLAGE PRESIDENT — 2 — March March March . 1978. 1978. 1978,