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HomeMy WebLinkAboutORDINANCE - 3175 - 6/17/2008 - ADJUDICATIONORDINANCE NO. 3175 AN ORDINANCE CREATING A CODE HEARING UNIT FOR THE PURPOSE OF OPERATING A SYSTEM OF ADMINISTRATIVE ADJUDICATION OF ORDINANCE VIOLATIONS WITHIN THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, the Village of Elk Grove Village, is a home rule municipality pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, pursuant to its powers as a home rule municipality and pursuant to the express grant of authority as set forth in Division 2.1 of Article I of the Illinois Municipal Code (65 ILCS 5/11-208.3), the Village is authorized to provide by ordinance for a system of administrative adjudication of certain municipal code violations including violations of vehicular standing, parking and compliance regulations; and WHEREAS, the corporate authorities of the Village of Elk Grove Village have determined that it is in the best interest of the Village of Elk Grove Village that a system of administrative adjudication of municipal code violations be created, as a non-exclusive method of enforcing the various provisions of the Village of Elk Grove Village Code NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois.as follows: Section 1: The foregoing recitals are adopted as express findings of the corporate authorities of the Village of Elk Grove Village and are incorporated herein by specific reference. Section 2: That Title 1 of the Village Code of Elk Grove Village is hereby amended by adding thereto a new Chapter creating a Code Hearing Unit for the purpose of operating a system of administrative adjudication of ordinance violations, a copy of said new Chapter as set forth in Exhibit A attached hereto. Section 3: Any ordinance or portion of any ordinance in conflict with the provisions of this ordinance is hereby repealed solely to the extent of such conflict. Section 4: That the Village Clerk is hereby authorized to publish this ordinance in pamphlet form. Section 5: That this ordinance shall be in full force and effect from and after its passage; approval and publication in pamphlet form as provided by law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 17th day of June 2008. APPROVED this 17th day of June 2008. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk PUBLISHED this 20th day of June, 2008 in pamphlet form. Ordadmadj udication.doc 7 FXHiRiT A Chapter 12 Administrative Adjudication of Ordinance Violations 1-12-1 Purpose. The stated purpose of this Chapter 12 is to provide for the fair and efficient enforcement of the Village of Elk Grove Village (hereinafter referred to as "Village") ordinances as may be allowed by law and directed by ordinance, through an administrative adjudication of violations of such Village ordinances and by establishing a schedule of fines and penalties for violations, and authority and procedures for collection of unpaid fines and penalties and enforcement of orders to correct violations. 1-12-2 Creation of Code Hearing Unit; Jurisdiction. There is hereby created within the Village of Elk Grove Village an executive unit of the municipal government to be known as the Code Hearing Unit, which is authorized to provide for and operate a "system of administrative adjudication," which shall be defined as the adjudication of any violation of any municipal ordinance of the Village of Elk Grove Village, including, but not limited to Title 6 Police Department; Motor Vehicles and Traffic; Ordinance Violations, including vehicle seizure and impoundment regulations; as well as the zoning ordinance and various building, health, fire and property maintenance codes and regulations of the Village of Elk Grove Village; provided that proceedings not within the statutory or home rule authority of the Village and any offense under the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.) or similar offenses of a local ordinance that is a traffic regulation governing the movement of vehicles, and any reportable offense under Section 6-204 of the Illinois Vehicle Code, shall not be subject to administrative adjudication pursuant to the provisions of this Chapter. 1-12-3 Hearing Procedures Non -Exclusive. The provisions of this Ordinance shall not preclude the Village from using other methods or proceedings to enforce'the ordinances of the Village of Elk Grove Village, including, but not limited to, the institution of any action in the Circuit Court of Cook County, Illinois or any other administrative proceeding. 1-12-4 Code Hearing Unit. The Code Hearing Unit shall be composed of an Administrative Hearing Officer, an Ordinance Enforcement Administrator, the Chief of Police or his designee, Hearing Room personnel, and any other duly appointed person or persons deemed necessary for the efficient administration of the Code Hearing Unit, with the following powers, duties and authority: A. All adjudicatory hearings shall be presided over by an Administrative Hearing Officer who shall be an attorney licensed to practice law in the State of Illinois for no less than three (3) years. The Administrative Hearing Officer shall be appointed by the Mayor with the advice and consent of the Village Board. Prior to conducting administrative adjudication hearings, the Administrative Hearing Officers shall have successfully completed a formal training program which includes the following: instruction on the rules of procedure of the administrative hearings which they will conduct; 2 orientation to each subject area of the code violations that they will adjudicate; 3 observation of administrative hearings; 4 participation in hypothetical cases, including ruling on evidence and issuing final orders; and B. Administrative Hearing Officers are hereby authorized, empowered and directed to: 1 administer oaths; 2 hear testimony and accept evidence that is relevant to the existence of an ordinance violation: 3 issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives: 4 preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing; 5 issue a determination, based on the evidence presented at the hearing, of whether a code violation occurred or exists. The Administrative Hearing Officer's determination shall be in writing and shall include written findings of fact, decision, and order 11 including the fine, penalty, or other action with which the Respondent must comply.- 6 omply; 6 impose penalties consistent with applicable Village of Elk Grove Village Code provisions and assess costs upon finding a party liable for the charged violation, provided, however, that the Administrative Hearing Officer shall not be authorized to (i) impose a penalty of incarceration, (ii) impose fines in excess of $50,000 against a single Respondent, or (iii) levy a total fine and penalty in excess of $250.00 for any one violation of a standing, parking or compliance regulation except that the total fine and penalty for any one violation of Section 11-1301.3 of the Illinois Vehicle Code (625 ILCS 5/11-1301.3) or similar provision of the Village of Elk Grove Village Ordinances shall not exceed $350.00; 7 the maximum monetary fine under this subsection B (6) shall, except as may otherwise be provided, be exclusive of costs of enforcement or costs incurred by the Village to secure compliance with the Village's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality. 1-12-5 Ordinance Enforcement Administrator. The Ordinance Enforcement Administrator shall either be an employee of the Village or an independent contractor or agency contracted by the Village to perform such duties as enumerated herein. The Ordinance Enforcement Administrator is hereby authorized, empowered and directed to: A. operate and manage the system -of administrative adjudication of vehicular standing and/or parking regulation violations, vehicle compliance violations, vehicle license or. sticker requirement violations, building, fire and health code violations, and all other Village of Elk Grove Village ordinance violations as may be permitted by law and directed by ordinance; B adopt, distribute and process all notices as may be required under this Chapter or as may reasonably be required to carry out the purpose of this Chapter 12; C. collect monies paid as fines and/or penalties assessed after a determination of liability: D. certify copies of final determinations of vehicular standing and/or parking regulation violation liability, vehicle compliance violations; vehicle license or sticker requirement violations; building, fire and health code violations or any other ordinance violation adjudicated pursuant to this Chapter 12 as may be necessary; E. certify reports to the Secretary of State of Illinois concerning initiation of suspension of driving privileges in accordance with the provisions herein and those of 625 ILCS 5/6-306.5; F. promulgate rules and regulations reasonably required to operate and maintain the system of administrative adjudication hereby established; and G. collect unpaid fines and penalties including the use of private collection agencies that may be retained by the Village or by directing the Village Attorney to file complaints in the Cook County Circuit Court, or by selecting or appointing an individual or agency to act on behalf of the Village in filing complaints, seeking judgments for unpaid fines or penalties and pursuing all post judgment remedies available under current law. 1-12-6 Computer Prolzrams. The Ordinance Enforcement Administrator is hereby further authorized, empowered and directed to operate and maintain computer programs for the system of administrative adjudication hereby established, on a day-to-day basis, including, but not limited to: A. inputting of violation notice information: B. establishing hearing dates and notice dates: C. recording fine and penalty assessment and payments; D. issuing payment receipts; E. issuing succeeding notices of hearing dates and/or final determinations -of liability and issuing notices of impending driver's license suspension as may be required, in accordance with the Illinois Vehicle Code: F. keeping accurate records of appearances and non -appearances at administrative hearings, pleas entered and fines and other penalties assessed and paid. C•. 1-12-7 Personnel. Hearing room personnel shall be appointed by the Chief of Police and may include any police officer or auxiliary police officer, and such persons are hereby authorized and directed to: A. maintain hearing room decorum; B. have and execute authority as is granted to courtroom deputies of the Circuit Court; C. perform such other duties or acts as may reasonably be required and as directed by the Administrative Hearing Officer or the Ordinance Enforcement Administrator. 1-12-8 Complaints/Notices of Hearings. A. A proceeding before an Administrative Hearing Officer shall be instituted upon the filing of a written sworn notice of violation or complaint by any authorized official of the Village, including police officers, community service officers and/or code enforcement officers, and such other employees as may be authorized to issue notices of violation of Village ordinances. B. Respondents shall be served with a copy of the verified sworn notice of violation or complaint along with a notice of adjudicatory hearing in any manner reasonably calculated to give them actual notice of the proceeding instituted against them including: 1 personal service upon a party; 2 service by certified mail return receipt requested at the party's address; 3 service by first class mail postage prepaid at the party's address; 4 service by posting a copy of the sworn pleading or complaint upon the property where the violation is found when the Respondent party is the owner or manager of the property; 5 in the case of a motor vehicle parking, standing or compliance regulation, service of the violation notice shall be by affixing the notice to the vehicle. C. Notices of the adjudicatory hearing shall include: 1 the type and nature of the alleged ordinance violation to be adjudicated; 2 the date, time and location of the adjudicatory hearing; 3 the legal authority and jurisdiction under which the hearing is to be held; and 4 the penalties for failure to appear at the hearing and in the case of a motor vehicle parking, standing or compliance violation, the amount of the fine, any penalty for late payment and that payment of the fine shall act as the final disposition of the violation. 1-12-9 Administrative Hearing Procedures. Parties shall be provided with an opportunity for a hearing during which they may be represented by counsel, present witnesses, and cross-examine opposing witnesses. Parties may request the Administrative Hearing Officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents. Hearings shall be scheduled with reasonable promptness, provided that for hearings scheduled in all non -emergency situations, if requested by the Respondent, the Respondent 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 constitute a threat to the public interest, safety, health or welfare. If service of the notice of violation is provided by mail, the 15 -day period shall begin to run on the day that the notice is deposited in the mail. 1-12-10 Rules of Evidence Shall Not Govern. The formal and technical rules of evidence shall not apply in an adjudicatory hearing authorized under this Section. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. 1-12-11 Judicial Review. Any final decision by an Administrative Hearing Officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review and that decision shall be subject to review under the Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.). 1-12-12 Enforcement ofJudgnent. A. Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Illinois Administrative Review Law is a debt due and "owing the Village of Elk Grove Village and may be collected in accordance with applicable law. B. After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of an ordinance violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the Administrative Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. C. In any case in which a Respondent has failed to comply with a judgment ordering that Respondent to correct an ordinance violation or imposing any fine or other sanction as a result of an ordinance violation, any expenses incurred by the Village to enforce the judgment entered against that defendant, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the Village of Elk Grove Village and may be collected in accordance with applicable law. Prior to any expenses being fixed by the Administrative Hearing Officer pursuant to this subsection 1-12-12, the Village shall provide a notice to the Respondent that states that the Respondent shall appear at a hearing before the Administrative Hearing Officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such hearing, which shall not be less than seven (7) days from the date that notice is served. If notice is served by first class mail, the 7 -day period shall begin to run on the date that the notice was deposited in the mail. D. Upon being recorded in the manner required by Article XII of the Illinois Code of Civil Procedure (735 ILCS 5/12-101 et seq ), or by the Uniform Commercial Code (8 10 ILCS 5/1-101 et seq.), a lien shall be imposed on the real estate or personal estate, or both, of the Respondent in the amount of any debt due and owing the Village under this Chapter 12. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. E. The Administrative Hearing Officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed by the Respondent within thirty (30) days after the issuance of the order of default, if the Administrative Hearing Officer determines that the Respondent's failure to appear at the hearing was for good cause, or at any time if the Respondent established, by a preponderance of the evidence, that the Village did not provide proper service of process. If any judgment is set aside E pursuant to this subsection, the Administrative Hearing Office shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the Village as a result of the vacated default judgment. When a judgment is vacated; the Administrative Hearing Officer shall set a new date for a hearing on the underlying violation(s). 1-12-13 Schedule of Fines/Penalties. A. The fines and penalties which shall be imposed for each violation of a vehicular standing, parking, or compliance regulations violation shall be no less than thirty ($30.00) dollars nor more than two hundred fifty ($250.00) dollars and the fines and penalties shall be uniformly applied for each violation, provided, however, fines and penalties for a violation of parking in a parking space reserved for persons with disabilities (handicapped parking) shall be no less than three hundred ($300.00) dollars nor more than three hundred fifty ($350.00) dollars. B. Late payment penalty — a late payment penalty of $20.00 shall be added -to any violation notice that is not paid within ten (10) days, provided, however, no such late fee, or penalty will be assessed against any person requesting a hearing. 1-12-14 Adoption of Current and Future Statutes. The Village of Elk Grove Village adopts by reference all current and future provisions of the Illinois Complied Statutes governing the standing, parking, or condition of motor vehicles, for its enforcement and adjudication within the corporate boundaries of the Village and in those areas subject to off- street parking agreements. a1]