CHAPTER
36
ADMINISTRATIVE ADJUDICATION OF CERTAIN ORDINANCE
VIOLATIONS.
ARTICLE
I. IN GENERAL
Sec. 36-01. Purpose.
The stated purpose of this Chapter is to
provide for fair and efficient enforcement of City vehicular standing and
parking regulations violations; City vehicle license or sticker requirements,
and other City ordinance violations as may be allowed by law, through an
administrative adjudication of violations of such City ordinances and
establishing a schedule of uniform fines and penalties, and authority and
procedures for collection of unpaid fines and penalties.
Sec. 36-02. Jurisdiction.
Violation of all Ordinances with the Code
of the City of
Sec. 36-03. Appointments.
All appointments required in this
ordinance shall be made by the Mayor of the City of
Sec. 36-04. Administrative Composition.
The system of administrative adjudication
of ordinance violations shall be composed of a Hearing Officer, Ordinance
Enforcement Administrator, Computer Operator/System Coordinator and Hearing
Room Personnel (Deputy), with the power and authority as follows:
1. Hearing Officer is hereby authorized
and directed to:
(a) Preside over administrative hearings, as
the adjudicator.
(b) Administer oaths
(c) Issue subpoenas to secure the attendance
of witnesses and production of relevant papers or documentation.
(d) Assess fines and penalties for any
ordinance violation.
(e) Make final determination of:
(i) Vehicular
standing and/or parking regulation violation(s) liability; vehicle sticker
liability; or any other ordinance violation authorized to be adjudicated
pursuant to this Chapter.
(ii) Validity of notice of impending
impoundment.
(iii) Validity of notice of impending drivers
license suspension.
(f) Provide for the accurate recordation of
all administrative adjudication hearings.
2. Ordinance Enforcement Administrator is
authorized and directed to:
(a) Operate and manage the system of
administrative adjudication of vehicular standing and parking regulation
violations; vehicle license or sticker requirements; and any other City
ordinance violation 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 be reasonably required
to carry out the purpose of this Chapter.
(c) Collect moneys paid as fines and/or
penalties assessed after a final determination of liability.
(d) Conduct hearings, as a Hearing Officer,
with the same power and authority as is hereinafter set forth during the absence
of the appointed Hearing Officer.
(e) Certify copies of final determinations
of standing and/or parking regulation violation liability; vehicle sticker
violation; or any other ordinance violation adjudicated pursuant to this
Chapter and any factual reports verifying the final determination of any
violation liability which was issued in accordance with this Chapter, the laws
of the State of Illinois, including 625, Section 5/11-208.3 of the Illinois
Compiled Statutes as from time to time amended.
(f) Certify reports to the Secretary of
State concerning initiation of suspension of driving privileges in accordance
with the provisions of the Chapter as hereinafter set forth, and those of
Chapter 625, Section 5/6-306.5 of the Illinois Compiled Statutes.
(g) Review any final determination of
vehicular standing and/or parking regulation violation liability, validity of
notices of impending impoundment or validity of notice of impending drivers license suspension, in an administrative review
capacity in accordance with the provisions of this Ordinance.
(h) Review any final determination of any
vehicle sticker violation or any other ordinance violation adjudication
pursuant to this Chapter.
(i) Promulgate
rules and regulations reasonably required to operate and maintain the
administrative adjudication system hereby created.
(j) Collect unpaid fines and penalties by
filing complaints in the
(k) Select or appoint an individual, agency
or firm to tow and impound vehicles in accordance with the provisions of this
Chapter as hereinafter set forth.
3. System Coordinator/Computer Operation
is hereby authorized and directed to operate and maintain the computer programs
for the administrative adjudication system hereby created, on a day-to-day
basis, including but not limited to:
(a) Input of violation notice information.
(b) Establishing court dates and notice
dates.
(c) Record fine and penalty assessment and
payments.
(d) Issue payment receipts.
(e) Issue succeeding notice of hearing dates
and/or final determination of liability, notice of impending impoundment of
impending drivers license suspension, as directed by the Ordinance Enforcement
Administrator in accordance with the provisions hereinafter set forth.
(f) Keep accurate records of appearances
and non-appearances at administrative hearings, pleas entered, fines and
penalties assessed and paid.
4. Hearing Room Personnel shall be
qualified off-duty, full-time, part-time or auxiliary
police officers who 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 Hearing Officer or Ordinance Enforcement
Administrator.
5. The City Mayor is hereby authorized to appoint persons to hold the positions above set forth. One person may hold and fulfill the requirements of one or more of the above stated positions and compensation for each of the above stated positions shall be as approved by the City Council.
Sec. 36-05. Procedure.
The system of Administrative Adjudication
of vehicle standing or parking regulation, vehicle sticker violation, or any
other ordinance violation authorized to be adjudicated hereunder, shall be in
accordance with the following procedures:
1. Violation Notice of any Ordinance
Violation authorized by this Code to be adjudicated, shall be issued by persons
authorized herein, and shall contain information and shall be served, certificated
and have evidentiary admissibility as is hereinafter
set forth. (Ord. 98-88, Sec. 36-05,
2. All full-time, part-time and auxiliary
officers as well as other specifically appointed individuals shall have the
authority to issue violation notices.
3. Any individual authorized hereby to
issue violation notices ad who detects a violation of any Section of any City
Ordinance authorized to be adjudicated hereunder, shall issue a Notice of
Violation thereof, and shall make service of the notice so as provided in this
Code. (Ord. 98-88, Sec. 36-05,
4. The violation notice shall contain, but
shall not be limited to, the following information:
(a) The date, time and place of the
violation (date of issuance.)
(b) The particular regulation violated.
(c) Vehicle make and state registration
number.
(d) The fine and any penalty which may be
assessed for late payment.
(e) The signature and identification number
of the person issuing the notice.
(f) A section entitled "Request for
Hearing" shall clearly set forth that the Respondent, and/or registered
owner, operator, lessee, owner or tenant may appear at an Administrative
Hearing to contest the validity of the violation notice on the date and at the
time and places specified by...". (Ord. 98-88, Sec.
36-05,
(i) Checking or
placing a mark in a space provided and clearly identified, "Request for
Hearing";
(ii) Placing his/her name and current address
in the place provided;
(iii) Signing his/her name in the indicated
place; and
(iv) Filing the violation notice with the
"Request of Hearing" portion fully completed with the Ordinance
Enforcement Administrator within, but not later than, fourteen (14) days from
the date of issuance of the violation notice.
The request shall be deemed filed upon receipt by the Ordinance Enforcement
Administrator.
(g) The date, time and place of an
administrative hearing at which the violation may be contested on its merits.
(h) That payment of the indicated fine and
any late payment penalty shall operate as a final disposition.
(i) A Section
entitled "A Request for Non-Appearance Hearing” shall clearly set forth
that a person who desires not to appear may have a hearing to contest the
validity of the violation notice of any Ordinance prosecuted hereunder by
checking or placing a mark in a space provided and clearly identifying a
request for non-appearance hearing. (Ord. 98-88, Sec.
36-05,
(i) Checking or
placing a mark in a space provided and clearly identified, "Non-Resident
Request for Hearing - Non-Appearance";
(ii) Placing his/her name and current address
in the place provided;
(iii) Signing his/her name in the indicated
place;
(iv) Filing the violation notice with the
Non-Resident Request for Hearing portion fully completed, with the Ordinance
Enforcement Administrator within, but not later than fourteen (14) days from
date of issuance of the violation notice.
The request shall be deemed filed upon receipt by the Ordinance Enforcement
Administrator; and
(v) Filing
a notarized statement of facts specifying the grounds for challenging the
violation notice which must be filed, with the Ordinance Enforcement
Administrator, no later than five (5) days prior to the hearing date specified
on the violation notice.
(j) A clearly marked statement that the
execution of the Non-Appearance for Request of Hearing is a waiver of that
Respondent's right to personal appearance. (Ord.
98-88, Sec. 36-05,
Sec. 36-06. Service.
1. Service of any violation notice shall
be made by the person issuing such notice by:
(a) Affixing the original or a facsimile of
the notice to a vehicle or
(b) Handing the notice to the registered
owner, operator or lessee of the vehicle, if present.
2. The correctness of facts contained in
any violation notice shall be certified by the person issuing said notice by:
(a) Signing his/her name to the notice at
the time of issuance, or
(b) In the case of a notice produced by a
computer device, by signing a single certificate, to be kept by the Ordinance
Enforcement Administrator, attesting to the correctness of all notices produced
by the device while under his/her control.
3. The original or a facsimile of the
violation notice shall be retained by the Ordinance Enforcement Administrator
and kept as a record in the ordinary course of business.
4. Any violation notice issued, signed and
served in accordance herewith, or a copy of the notice, shall be prima facie
correct and shall be prima facie evidence of the correctness of the
facts shown on the notice and shall be admissible in any subsequent
administrative or legal proceeding.
Sec. 36-07. Administrative Hearings.
An Administrative hearing to adjudicate
any alleged ordinance violation on its merits, or to contest the validity of a
notice of impending impoundment, or the validity of a notice of impending
drivers license suspension shall be granted to the registered owner or operator
of the "cited vehicle", pursuant to Illinois Compiled Statutes Chapter
625, Subsection 5/11-208.3 or the lessee of the "cited vehicle",
pursuant to Illinois Compiled Statutes, Chapter 625, Subsection
5/11-1306, incorporated herein by reference and at the date, time and place as
is set forth in the violation notice issued and served, the second notice
issued in accordance with this Ordinance or as is set by the Ordinance
Enforcement Administrator and served upon the registered owner, operator or
lessee for hearings contesting the validity of notices of impending impoundment
or drivers license suspension. All
administrative hearings shall be recorded and shall culminate in a
determination of liability or non-liability, made by the Hearing Officer, who
shall consider facts and/or testimony without the application of the formal or
technical rules or evidence. The Hearing
Officer shall, upon a determination of liability, assess fines and penalties in
accordance with Sec. 36-10 hereof.
Persons appearing to contest the alleged violation on its merits may be
represented by counsel at their own expense.
The final determination of any matter which may be decided by the
Hearing Officer may be reviewed as is hereinafter set forth.
Sec. 36-08. Additional Notices.
1. Upon failure of the registered owner,
operator or lessee of the "cited vehicle"
to appear at the administrative hearing indicated in the violation notice, or
upon final determination of violation liability, the Ordinance Enforcement
Administrator shall send or cause to be sent additional notices by first class
mail, postage prepaid to the registered owner or operator of the "cited
vehicle" at the address as is recorded with the Secretary of State, and
shall be sent to the lessee of the "cited vehicle" at the address
last known to the lessor of the "cited
vehicle" at the time of the lease.
Service of additional notices sent in accordance herewith shall be
completed as of the date of deposit in the
2. The additional notices sent in
accordance herewith shall be in the following sequence and contain, but not be
limited to, the following information:
(a) Upon the failure of the registered
owner, operator or lessee of the "cited vehicle" to appear at the
hearing set forth in the violation notice, a second notice shall be sent, as
above set forth, and shall contain, but not be limited to the following
information:
(i) Date and
location of violation cited in the violation notice;
(ii) Particular ordinance violated;
(iii) Vehicle make and state registration
number;
(iv) Fine and any penalty that
may be assessed for late payment;
(v) A section entitled "Request for
Hearing" which shall clearly set forth that the registered owner, operator
or lessee may appear at an administrative hearing to contest the validity of
the violation notice on the date and at the time and place as specified in the
violation notice by:
1. Checking the space provided and clearly
identified, "Request for Hearing";
2. Placing his/her name and current
address in the place provided;
3. Signing his/her name in the appropriate
indicated place; and
4. Filing the violation notice with the
"Request for Hearing" portion fully completed with the Ordinance
Enforcement Administrator within, but not later than, twenty-one (21) days from
the date of issuance of the violation notice.
The request shall be deemed filed upon receipt by the Ordinance
Enforcement Administrator.
(vi) A section entitled "Non-Resident
Request for Hearing - Non-Appearance", which clearly sets forth that a
non-resident registered owner, operator or lessee may have a hearing to contest
the validity of the violation notice without personally appearing by:
1. Checking the space provided and clearly
identified, "Non-Resident Request for Hearing - Non-Appearance";
2. Placing his/her name and current
address in the place provided;
3. Signing his/her name in the indicated
place; and
4. Filing the violation notice with the
Non-Resident Request for Hearing portion fully completed with the Ordinance
Enforcement Administrator within, but not later than, twenty-one (21) days from
the date of issuance of the violation notice.
The request shall be deemed filed upon receipt by the Ordinance
Enforcement Administrator. A notarized
statement of facts specifying the grounds for challenging the violation notice
must be filed with the Ordinance Enforcement Administrator, no later than five
(5) days prior to the hearing date specified on the violation notice. A clearly marked statement that execution of
the Non-Resident Request for Hearing - Non-Appearance, is a waiver of the
non-resident's right to a personal appearance and that the adjudication will be
made based upon the notarized statement of facts submitted by the non-resident
and the facts contained in the violation notice.
(vii)
Date,
time and place of the administrative hearing at which the alleged violation may
be contested on its merit.
(viii)
Statement
that failure to either pay fine and applicable penalty
or failure to appear at the hearing on its merits on the date and at the time
and place specified will result in a final determination of liability for the
"cited" violation in the amount of the fine and penalty indicated.
(xi)
Statement
that upon the occurrence of a final determination of liability for the failure,
and the exhaustion of, or the failure to exhaust, available administrative or
judicial procedures for review, any unpaid fines or penalty will constitute a
debt due and owing the City.
3. A notice of final determination of
liability shall be sent following at conclusion of administrative and/or
judicial review, as is hereinafter set forth, and shall contain, but not be
limited to, the following information and warnings:
(a) A statement that the unpaid fine and any
penalty assessed is a debt due and owing the City.
(b) A warning that failure to pay the fine and
penalty due and owing the City within the times specified may result in the
City's filing a complaint in the Circuit Court to have the unpaid fine or
penalty rendered a judgment in accordance with Illinois Compiled Statutes,
Chapter 625, Section 5/11-208.3(f), incorporated herein by reference or any
other applicable state law.
(c) A warning that the person's drivers
license may be suspended for failure to pay fines or penalties for ten (10) or
more vehicular standing or parking violations under Illinois Compiled
Statutes, Chapter 625, Section 5/6-306.5, incorporated herein by reference.
(d) A warning that the vehicle owned by the
person and located within the City may be impounded for failure to pay fines or
penalties for ten (10) or more vehicular standing or parking regulation
violations.
4. A notice of impending suspension of a
person's drivers license shall be sent to any person
determined to be liable for the payment of any fine or penalty that remains due
and owing on ten (10) or more vehicular standing or parking regulation
violations:
(a) The notice shall state that the failure
to pay the fine or penalty owing within forty-five (45) days of the date of the
notice will result in the City's notifying the Secretary of State that the
person is eligible for initiation of suspension proceedings under Illinois
Compiled Statutes, Chapter 625, Section 5/6-306.5, incorporated herein by
reference.
(b) The notice of impending drivers license
suspension shall be sent by first class mail, postage prepaid, to the address
recorded with the Secretary of State.
Sec. 36-09. Final Determination of Liability.
1. A final determination of liability
shall occur following the failure to pay the fine or penalty after the Hearing
Officer's determination of liability and the exhaustion of, or the failure to
exhaust, any administrative review procedures hereinafter set forth. Where a person fails to appear at the
administrative hearing to contest the alleged violation on the date and at the
time and place specified in a prior served or mailed notice, the hearing
officer's determination of liability shall become final either upon a denial of
a timely petition to set aside that determination or upon the expiration of the
period for filing a petition without a filing having been made.
Sec. 36-10. Administrative Review.
1. A petition to set aside a determination
of liability may be filed by a person owing an unpaid fine or penalty with the
office of the Ordinance Enforcement Administrator within, but not later than,
fourteen (14) days from the date the determination of liability is made. The Ordinance Enforcement Administrator shall
act upon the petition timely filed and render a decision thereon within
fourteen (14) days of the date filed.
2. The grounds for setting aside a
determination of liability shall be limited to the following:
(a) The person against whom the
determination of liability is made was not the owner or operator of the
"cited vehicle" on the date the violation notice was issued.
(b) The persons having paid the fine or
penalty prior to the determination of liability for the violation in question.
(c) Excusable failure to appear at or
request a new date for hearing.
3. Should the determination of liability
be set aside, the Ordinance Enforcement Administrator shall notify the
registered owner, operator or lessee, as the case may be, that the
determination of liability has been set aside and the date, time and place for
a hearing on the merits. The notice shall be by first class mail, postage prepaid to the address set forth on the
petition to set aside the determination of liability, and shall be complete on
the date the notice is deposited in the
1. Persons who desire a Non-Appearance
Hearing and have been served a Notice of Violation of any Ordinance prosecuted
hereunder, in accordance with this Ordinance:
(a) Completing, in full, the
"Non-Appearance Request for Hearing" Section of the "Violation
Notice", served upon him/her or the Non-Appearance Request for hearing of
the "second notice" sent to him/her pursuant to this Ordinance.
(b) Signing the "Non-Appearance Request
for Hearing" in the space specified in the "violation notice" or
"second notice", as the case may be, and acknowledging that his/her
personal appearance is waived and submitting to an
adjudication based upon the notarized statement filed by him/her and the
facts contained in the "violation notice". (Ord.
98-88, 36-11,
(c) Filing the "violation notice"
or "second notice" with the Request for Hearing section fully
completed with the Ordinance Enforcement Administrator within fourteen (14)
days from the issue date of the "violation notice". Filing of the Request for Hearing shall be
deemed complete upon receipt by the Ordinance Enforcement Administrator.
(d) Filing a notarized statement of facts
specifying the grounds for challenging the "violation notice" not
later than five (5) days prior to the hearing date as specified in the
"violation notice" or the "second notice", as the case may
be. This statement will be deemed filed
upon receipt by the Ordinance Enforcement Administrator.
2. The Hearing Officer shall make an
adjudication based upon the facts set forth in the notarized statement of facts
filed by the non-resident as is contained in the "violation notice"
and a notice of the determination shall be served upon the non-resident by
first class mail, postage prepaid, addressed to the non-resident at the address
set forth in the statement of facts submitted.
Service of the notice shall be complete on the date the notice is placed
in the
Sec. 36-12. Schedule of Fines/Penalties.
The fines and penalties
which shall be imposed shall be as follows:
|
|
Within
14 days of ticket |
Within
30 days of Hearing date |
|
Parking |
$50.00 |
$100.00 |
|
Handicapped: |
$250.00 |
$400.00 |
|
Stickers: |
$70.00 |
$140.00 |
|
All
other Ordinance Violations (Except parking and possession of cannabis &
other non expressly in conflict |
$50.00 |
$100.00 |
In addition thereto, an administrative
cost may be added to any violation as assessed by the Hearing Officer in the amount
not to exceed Fifty Dollars ($50.00). (Ord. 98-88,
Sec. 36-12,
Sec. 36-13. Immobilization/Towing & Impoundment.
1. Any motor vehicle whose registered
owner has been determined to be liable for ten (10) or more vehicular standing
or parking regulation violation(s), for which the fines or penalties assessed
remain unpaid, may be immobilized or towed and impounded if:
(a) The Ordinance Enforcement Administrator
has determined that a person has been determined to be liable for ten (10) or
more vehicular standing or parking regulation violation(s), the fines or
penalties for which remain unpaid.
(b) The person determined to be liable for
ten (10) or more violations is the registered owner of a motor vehicle located within
the City geographical boundaries.
(c) A Pre-Towing Notice has been sent to the
registered owner of the motor vehicle located within the geographical
boundaries of the City which contains, but shall not be limited to the
following:
(i) That a
final determination has been made on ten (10) or more vehicular standing or
parking regulation violation(s), the fines and penalties for which remain
unpaid.
(ii) A listing of the violation(s) for which
the person has been determined to be liable, which shall include for each
violation:
1. The vehicular standing or parking
regulation violation notice number.
2. Date of issuance.
3. Total amount of fines and penalties
assessed.
(iii)
That
the motor vehicle owned by the person and located within the
City
are subject to immobilization and/or towing and impoundment if the fines and
penalties are not paid within, but not later than fourteen (14) days of the
date of the notice.
(iv)
That
the registered owner may contest the validity of the notice by
fully completing and signing the request for
hearing portion of one notice and by filing the request for hearing with the
Ordinance Enforcement Administrator within, but not later than fourteen (14)
days of the date of the notice. The request
for hearing shall be deemed filed upon receipt by the Ordinance Enforcement
Administrator.
(d) The motor vehicle of the registered
owner to whom notice is sent has failed to make payment of the fines or
penalties as specified in the notice and no timely request for hearing has been
filed with the Ordinance Enforcement Administrator to contest the validity of
the notice.
(e) Upon the receipt of the request for
hearing to contest the validity of the notice of impending immobilization or towing
and impoundment, the Ordinance Enforcement Administrator shall schedule an
administrative hearing to contest the validity of said notice on the next
scheduled hearing date, (but in no case shall the hearing be scheduled later
than thirty (30) days after the request of hearing is filed) and shall serve
notice of the hearing date upon the registered owner by first class mail,
postage prepaid to the address as is set forth on the request for hearing. Service of the notice shall be complete on
the date it is placed in the
2. The registered owner of a vehicle(s)
immobilized or towed and impounded under this Section shall have the right to a
prompt administrative hearing without the requirement of payment of outstanding
fines and penalties for which final determination has been made.
(a) The Ordinance Enforcement Administrator
shall serve a post-towing notice upon the registered owner of a vehicle
immobilized or towed and impounded under this section which notice shall
contain, but not be limited to the following information:
(i) Date of
immobilization or towing and date of impoundment.
(ii) Location of vehicle.
(iii) That the vehicle was immobilized under
this section of this Chapter for non-payment of fines or penalties assessed for
the violation of ten (10) or more violations of vehicular standing or parking
regulation for which the registered owner has been determined liable and
notified of impending immobilization or towing and impoundment.
(iv) Date of notice of impending
immobilization or towing and impoundment.
(v) That the registered owner may contest
the validity of the immobilization or towing and impoundment by completing and
signing the request for hearing portion of the notice and filing the request
for hearing with the Ordinance Enforcement Administrator within, but not later
than, fourteen (14) days of the date of the notice which shall be deemed filed
upon receipt by the Ordinance Enforcement Administrator.
3. Upon the receipt of the request for
hearing to contest the validity of the immobilization or towing and
impoundment, the Ordinance Enforcement Administrator shall schedule an
administrative hearing to contest the validity of the immobilization or towing
and impoundment on the next scheduled hearing date or if sooner scheduled by
the Ordinance Enforcement Administrator for good cause shown, but in no case
shall the hearing be scheduled later than thirty (30) days after the request
for hearing is filed and shall serve notice of the hearing date upon the
registered owner by first class mail, postage prepaid to the address as is set
forth on the request for hearing.
Service of the notice shall be complete on the date it is placed in the
4. An order entered after the hearing to
contest the validity of the immobilization or towing and impoundment is a final
administrative decision within the meaning of Section 5/3-101 of Chapters 735
of the Illinois Compiled Statutes, incorporated herein by reference.
5. A vehicle impounded pursuant to this
section shall be released to the registered owner thereof, or his agent, upon
payment of the fines and penalties due and owing the City as specified in the
notice sent in accordance with Sec. 36-06 hereof and the payment of towing
charges accrued daily impound charges or upon order of the hearing officer
following hearing contesting the validity of the impoundment.
6. The Ordinance Enforcement Administrator
shall appoint or retain the services of an individual agency or company to tow and
impound vehicles in accordance herewith, provided that the individual, agency
or company is fully insured and licensed according to local or state law and
has available a secured impound area within which to retain vehicles impounded
hereunder. For the purpose of this
Section a secured area shall mean an area bounded by a fence, chain link or
otherwise, of a sufficient height and with locking gates so as to minimize or
prevent authorized entry into the impounded vehicles.
Sec. 36-14. Judicial Review.
Judicial Review of administrative
decisions issued after hearing for any violation authorized by this ordinance
shall be subject to the provisions of the Administrative Law Review as is set
forth in Section 5/3-101 et seq. of Chapter 735 of the Illinois Compiled
Statutes, incorporated herein by reference.
Sec. 36-15. Debt to the City.
Any fine, penalty or part of any fine or
any penalty assessed in accordance with the provisions of this Ordinance and
remaining unpaid after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Ordinance and the conclusion of any
judicial review procedures shall be a debt due and owing the City and, as such,
may be collected in accordance with the applicable law. Payment in full of any fine or penalty
resulting from a standing or parking violation shall constitute a final
disposition of that violation.
Sec. 36-16. Judgment.
The Ordinance Enforcement Administrator
shall, following the expiration of the period within which administrative or
judicial review may be sought for a final determination of parking violation,
take all necessary action, execute all required documents and appoint or retain
any individual or agency deemed appropriate to obtain a judgment against and
collect moneys from the person who has been assessed fined or penalties which
remain unpaid and have become a debt due and owing the City in accordance with
the provisions of this Chapter and Section 5/11-208.3 of Chapter 625 of the Illinois
Compiled Statutes by:
1. Filing a complaint in the Circuit Court
praying for the entry of a judgment against the person for whom a final
determination of standing or parking regulation violation liability has been
made.
2. The complaint filed by the Ordinance
Enforcement Administrator or individual or agency on behalf of the City seeking
entry of a judgment against an individual for unpaid fines and/or penalties
pursuant to a final determination of standing or parking regulation violation
shall have appended:
(a) A certified copy of the final
determination of the standing regulation violation.
(b) A certification that recites facts
sufficient to show that the final determination of standing or parking
regulation violation was issued in accordance with this Ordinance and Section
5/11-208.3 of Chapter 625 of the Illinois Compiled Statutes.
3. Nothing shall prevent the City from
consolidating multiple final determinations of any decision relating to any
violation authorized under this against an individual and pursuing all
available remedies, allowed by law.
4. Service of Summons and a copy of the
Complaint may be served upon the person against whom a Judgment is sought under
the provisions of this Chapter by any method provided under Section 5/2-203 of
Chapter 735 of the Illinois Compiled Statutes, incorporated by reference
or by certified mail, return receipt requested, provided the total amount of
fines and penalties for final determination of standing or parking regulation
violation does not exceed $2,500.00
Sec. 36-17. Severability.
Should a court of competent jurisdiction
determine that one or more sections or subsections of this Ordinance is or are
invalid, the remaining sections and subsections hereof shall remain in full
force and effect.
Sec. 36-18. Effective Date/Publication.
This ordinance shall become effective ten
(10) days after publication
Sec. 36-19. Repealer.
Any and all Ordinances, sections or
subsections of Ordinances in conflict herewith are hereby repealed. (Ord. 98-23,
Sec. 36-20 - 36-30. Reserved.
Sec. 36-31. Intergovernmental Agreements for the
Administrative Adjudication.
The Intergovernmental Agreement between
the Village of Manteno and the City of Kankakee regarding Administrative
Adjudication of Ordinance Violations, a complete copy of which is attached
hereto and made a part hereof, is hereby approved and adopted.
Sec. 36-32. Authority to sign Intergovernmental Agreements for
Administrative Adjudication.
The Mayor of the City of
Article I ‑
Administrative Adjudication
Administrative-Adjudication‑Appointments................................................................... 36
- 03
Administrative
Adjudication ‑ Additional Notices.......................................................... 36
- 08
Administrative
Adjudication ‑ Administrative Composition............................................. 36
- 04
Administrative
Adjudication ‑ Debt to the City.............................................................. 36
- 15
Administrative
Adjudication ‑ effective date/publication................................................. 36
- 18
Administrative
Adjudication ‑ final determination of liability............................................ 36 - 09
Administrative
Adjudication ‑ Jurisdiction...................................................................... 36
- 02
Administrative
Adjudication ‑ Judgment........................................................................ 36
- 16
Administrative
Adjudication ‑ Judicial Review............................................................... 36
- 14
Administrative
Adjudication ‑ non‑resident procedures.................................................. 36 - 11
Administrative
Adjudication ‑ Procedure........................................................................ 36
-05
Administrative
Adjudication ‑ Purpose.......................................................................... 36
- 01
Administrative
Adjudication ‑ repealer.......................................................................... 36
- 19
Administrative
Adjudication ‑ Schedule of Fines/Penalties............................................ .36 - 12
Administrative
Adjudication ‑ Service........................................................................... 36
- 06
Administrative
Adjudication ‑ severability...................................................................... 36
- 17
Administrative
Adjudication Immobilization/Towing Impoundment................................ .36
- 13
Administrative
Hearings................................................................................................ 36
- 07
Administrative
Review.................................................................................................. 36
- 10