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HomeMy WebLinkAboutORDINANCE - 3242 - 8/17/2010 - VILLAGE CODEORDINANCE NO. 3242 AN ORDINANCE AMENDING VARIOUS SECTIONS OF SECTION 1-4-4 SETTLEMENT OF PENALTIES OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE BY TRANSFERRING HEARING RESPONSIBILITIES TO THE VILLAGE'S ADMINISTRATIVE ADJUDICATION HEARING OFFICER AS OPPOSED TO THE CIRCUIT COURT OF COOK COUNTY FOR VARIOUS "P" TICKETS, "C" TICKETS AND SIMILAR ORDINANCE VIOLATION CITATIONS WHEREAS, the Village previously has required individuals who have received "P" tickets, "C'' tickets or other ordinance violation tickets by various departments in the Village to have a hearing on said tickets or an appeal on a judgment issued on said tickets before the Third Municipal District of the Circuit Court of Cook County; and WHEREAS, the Village has recently set up an Administrative Adjudication Hearing process, which process will expedite the hearing on said tickets or an appeal of said tickets as well as provide a convenient forum for individuals receiving same. 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: That the initial paragraph of Section 1-4-4-1 A. Parking Violations be amended to read as follows: A. Parking Violations: Whenever a peace officer is authorized to arrest a person without a warrant or otherwise observes a violation of Sections 6-4-5-1, 6-4-5-2 and 6-4-5-3 of this code (parking regulations), said officer shall issue a "P" ticket in such form as authorized by the Village, setting forth the nature of the violation and the date, time and location wherein the violation occurred and shall issue same by personal delivery to the vehicle operator, if present, or attaching same to the motor vehicle. The registered owner or operator of any vehicle who receives a "P" ticket may request a hearing before the Village's Administrative Adjudication Hearing Officer or may settle and compromise the penalty arising from same by paying to the Finance Department the following settlement amounts: Time Period Date of Violation up to due date Due date up to Final Notice date Adjudication Hearing Assignment date up to Adjudication Hearing date Settlement Amount Minimum fine established by ordinance Minimum fine established by ordinance plus $25.00 $35.00 Section 2: That the last paragraph of Section 1-4-4-1 A. Parking Violations be amended to read as follows: Any person who fails to request a hearing before the Village's Administrative Adjudication Hearing Officer or who fails to settle or compromise any "P" ticket as set forth herein will be subject to having a judgment entered in the amount of one hundred dollars ($100.00) for each offense. Section 3: That the last paragraph of Section 1-4-4-1 B. "Certain Nonparking Vehicular Offenses And Other Miscellaneous Offenses" be amended to read as follows: Any person issued a "C" ticket and who has not settled and compromised same within ten (10) days may do so within twenty (20) days from the date of the issuance of the citation by following the procedure set forth above and adding thereto a late payment fee of twenty-five dollars ($25.00). Any person who does not settle or compromise the "C" ticket within the above -stated period shall be processed with the filing of a complaint before the Village's Administrative Adjudication Hearing Officer. Section 4: That Section 1-4-4-1 C. Other Offenses be amended to read as follows: Whenever a peace officer observes a violation where the offender is not present at the time of the violation or where the situation is such that the issuance of a citation requiring the posting of bond is impractical, then and in that event, the officer may issue or cause the issuance of a "P" ticket to the alleged offender. Said "P" ticket may permit the offender or violator to settle and compromise the violation by paying the minimum fee set forth in this code for such offense. Any person who fails to settle or compromise said ticket within the time provided shall be subject to the filing of a complaint before the Village's Administrative Adjudication Hearing Officer. Section 5: That Section 1-4-4-1 D. 4. Pertaining to the release of impounded vehicle be amended to read as follows: Release of Vehicle: Any vehicle removed or impounded in place pursuant to this section will be released to its lawful owner upon the showing of adequate evidence of the right to possession and upon the payment of all accrued fines and costs for each outstanding unpaid citation or judgment against a person or persons registered as the owner of the vehicle. In lieu of payment of the amount due on any unpaid citation, the owner may deposit a bond in the amount of two hundred dollars ($200.00) for his appearance before the Village's Administrative Adjudication Hearing Officer to answer said violation or violations. A release must be signed by an officer of the police department of the Village. Section 6: That Paragraph D. of Section 1-4-4-2 relating to sworn complaints issued by the Village's Health Department be amended to read as follows: D. Sworn Complaint: In the event that the person upon whom such citation or notice to appear is issued fails to settle and compromise said claim within the prescribed time, then the health department officer, inspector or employee is authorized and directed to file a complaint before the Village's Administrative Adjudication Hearing Officer, 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 Village's Administrative Adjudication Hearing Officer. Section 7: That Paragraph A. of Section 1-4-4-3 concerning authorization to issue citations by the fire department be amended to read as follows: A. Authorization: The fire department of the Village, through its duly appointed officers, inspectors and employees, is hereby authorized to issue citations, or notice to appear before the Village's Administration Adjudication Hearing Officer. Section 8: That Paragraph D. of Section 1-4-4-3 pertaining to sworn complaints for fire prevention code offenses be amended to read as follows: D. Sworn Complaint: In the event that the person upon whom such citation or notice to appear is issued fails to settle and compromise such claim within the prescribed time, or for violations relating to life safety provisions of the applicable fire prevention code which, in the opinion of the fire department, require a hearing, the fire department officer, inspector or employee is authorized and directed to file a complaint before the Village's Administrative Adjudication Hearing Officer charging the violator with the violation 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 a manner prescribed by law, setting forth a date, time and place such complaint shall be heard by the Village's Administrative Adjudication Hearing Officer. Section 9: That Paragraph D. of Section 1-4-4-4 pertaining to sworn complaints involving the Department of Engineering and Community Development be amended to read as follows: D. Sworn Complaint: In the event that the person upon whom such citation or notice to appear is issued fails to settle and compromise said claim within the prescribed time, then the Director of Engineering and Community Development or such officer, inspector or employee designated by such Director is authorized and directed to file a complaint before the Village's Administrative Adjudication Hearing Officer, 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 Village's Administrative Adjudication Hearing Officer. Section 10: That the Village Clerk is hereby authorized to publish this ordinance in pamphlet form. Section 11: That this ordinance shall be in full force and effect from and after its passage and approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 17th day of August 2010. APPROVED this 17th day of August 2010. APPROVED: Mayor Craia B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk PUBLISHED in pamphlet form this 20th day of August 2010. Ord amendadjud icat iono fTicer