Chapter 11.02
ADMINISTRATIVE ADJUDICATION OF MUNICIPAL CODE VIOLATIONS
Sections:
11.02.030 Administrative composition.
11.02.040 Notice of violation.
11.02.050 Service and notice of hearing.
11.02.060 Administrative hearings.
11.02.070 Final determination of liability.
11.02.090 Enforcement of judgment.
11.02.100 Schedule of fines/penalties.
11.02.110 Failure to appear, notice.
11.02.120 Impending suspension of driver’s license, notice.
Prior legislation: Ords. 2006-35 and 2013-20.
11.02.010 Purpose.
The stated purpose of this chapter is to provide for fair and efficient enforcement of village ordinances as may be allowed by law and directed by ordinance, through an administrative adjudication of violations of such village ordinances and establishing a schedule of fines and penalties, and authority and procedures for collection of unpaid fines and penalties. (Ord. 2014-04 § 3, 2014)
11.02.020 Creation.
There is hereby established an executive department of the municipal government to be known as the village of Riverdale ordinance enforcement department and to have the power to enforce compliance with all municipal ordinances as from time to time authorized by the village president and board of trustees. The administrative adjudication authorized by this chapter is established pursuant to Section 6(a), Article VII of the 1970 Constitution of the State of Illinois, 65 ILCS 5/1-2.2-1 et seq., 65 ILCS 5/11-31.1-1 et seq., and 625 ILCS 5/11-208.3 et seq., but not any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under 625 ILCS 5/6-204. The establishment of the village of Riverdale ordinance enforcement department does not preclude the village from using any other method to enforce ordinances of the village. (Ord. 2014-04 § 3, 2014)
11.02.030 Administrative composition.
A. The village of Riverdale ordinance enforcement department shall be composed of a hearing officer, an ordinance enforcement administrator, system coordinator and such other personnel hereinafter appointed, with the power and authority as hereinafter set forth.
B. The village president, with the consent of the village board of trustees, is hereby authorized to appoint all hearing officers of the village.
1. Hearing Officer. The hearing officer shall preside over all adjudicatory hearings and shall have the following powers and duties:
a. Preside at an administrative hearing called to determine whether or not a village ordinance violation exists;
b. Hear testimony and accept evidence that is relevant to the existence of the village ordinance violation;
c. Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
d. Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
e. Issue and sign a written finding, decision and order stating whether a village ordinance violation exists; and
f. Impose penalties, sanctions or such other relief consistent with applicable village ordinance provisions and assess costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to impose a penalty of incarceration or fine in excess of fifty thousand dollars. The hearing officer shall include, upon a finding of a violation after a hearing is held, an additional administrative fee of not less than fifty dollars to be imposed by the hearing officer as administrative adjudication hearing costs unless the maximum fine penalty is imposed. This additional penalty shall not be construed as part of the fine for the purposes of any reduction made in the fine for compliance with an order of the hearing officer.
g. Prior to conducting administrative adjudication proceedings under this chapter, the hearing officer shall have obtained or completed the following:
i. Must be an attorney licensed to practice law in the state of Illinois for at least three years;
ii. Instruction on the rules of procedure of the administrative hearings over which the hearing officer shall preside;
iii. Orientation to each subject area of the code violations that he/she will adjudicate;
iv. Observation of administrative hearings; and
v. Participation in hypothetical cases, including ruling on evidence and issuing final orders.
2. Ordinance Enforcement Administrator. The ordinance enforcement administrator shall be held by the village clerk, or his/her designee, and is hereby authorized and directed to:
a. Operate and manage the system of administrative adjudication of village ordinance violations as may be permitted by law and directed by ordinance;
b. Unless specifically delegated elsewhere under this chapter, 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. Certify copies of final determinations of an 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 ILCS 5/11-208.3, as from time to time amended;
e. Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter as hereinafter set forth, and those of 625 ILCS 5/6-306.5;
f. Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created; and
g. Collect unpaid fines and penalties through private collection agencies and pursuit of all post-judgment remedies available by current law.
3. System Coordinator. The system coordinator shall be held by the village clerk, or his/her designee, and is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system of the village of Riverdale ordinance enforcement department 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, issue notice of immobilization, issue notice of impending impoundment, issue notice of impending driver’s license suspension, as directed by the ordinance enforcement administrator in accordance with the provisions hereinafter set forth; and
f. Keep accurate records of appearances and nonappearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, fines and penalties assessed and paid. (Ord. 2014-04 § 3, 2014)
11.02.040 Notice of violation.
The system of administrative adjudication of any village ordinance violation authorized to be adjudicated hereunder shall be in accordance with the following procedures:
A. Violation notice of any ordinance violation including violations of the Riverdale vehicle and traffic code, RMC Title 10, other than any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under Section 6-204 of the Illinois Vehicle Code (hereinafter “RMC Title 10”), shall be issued by the persons authorized under this code and shall contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth.
B. All full-time, part-time, and auxiliary police officers as well as other individuals of any village department authorized by this code or by the village president shall have the authority to issue violation notices.
C. Any individual authorized hereby to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this chapter or a violation of any section of any village ordinance, is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth.
D. The violation notice shall contain, but shall not be limited to, the following information:
1. The name and address of the party violating the ordinance, if known;
2. The date, time and place of the violation (date of issuance);
3. The type and nature of the ordinance violated;
4. Vehicle make and state registration number (if applicable);
5. The penalty which may be assessed for failure to appear;
6. The names and witnesses of the violation;
7. The signature and identification number of the person issuing the notice;
8. The docket number, date and location of the adjudicating hearing of ordinance violations, if applicable, other than violations of RMC Title 10, the legal authority and jurisdiction under which the hearing is to be held, and the penalties for failure to appear at the hearing; and
9. The date of the hearing shall not be less than fifteen, nor more than forty-five, days after the violation is reported. (Ord. 2014-04 § 3, 2014)
11.02.050 Service and notice of hearing.
A. Service of any violation notice shall be made by the person issuing such notice:
1. In the case of violation of RMC Title 10, service shall be made by:
a. Affixing the original or a facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle, or vehicle violating any compliance regulation;
b. Handing the notice to the registered owner, operator, or lessee of the vehicle, if present; or
c. Mailing the notice by first class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing.
2. In the case of violation of the building code, service shall be made by:
a. First class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing;
b. If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the notice on the front door of the structure where the violation is found, not less than twenty days before the hearing is scheduled; or
c. In the case of any ordinance violation other than a violation of RMC Title 10 or the building code, service shall be made by mailing the notice by first class mail to the person responsible for the ordinance violation, along with a summons commanding the individual to appear at the hearing.
B. The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
1. Signing his/her name to the notice at the time of issuance; or
2. 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.
C. 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.
D. 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. (Ord. 2014-04 § 3, 2014)
11.02.060 Administrative hearings.
A. An administrative hearing shall be granted for the following:
1. To adjudicate any alleged ordinance violation on its merits; and
2. To contest the validity of a notice of impending immobilization or impending impoundment, or the validity of a notice of impending driver’s license suspension. The hearing shall be granted to the registered owner or operator of the “cited vehicle,” or the lessee of the “cited vehicle,” and at the date, time and place as is set forth by the ordinance enforcement administrator and served upon the registered owner, operator or lessee for hearings contesting the validity of notices of impending immobilization or impending impoundment or driver’s license suspension.
B. No continuances shall be authorized by the hearing officer at the hearing except where absolutely necessary to protect the rights of the individual. Lack of preparation does not constitute cause for a continuance. No continuance may be granted for more than thirty-five days.
C. All administrative hearings shall be recorded and shall culminate in a determination of liability or nonliability, made by the hearing officer, who shall consider facts and/or testimony without the application of the formal or technical rules of evidence. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs.
D. The hearing officer shall, upon a determination of liability, assess fines and penalties in accordance with RMC 11.02.100. Persons appearing to contest the alleged violation on its merits may be represented by counsel at their own expense. The burden of proof shall be on the alleged offender to refute the prima facie case set forth in the verified notice of violation.
E. Alternative Nonappearance Procedures. Persons who have been served vehicular standing, parking, or compliance regulation violations notice(s) in accordance with this chapter may contest the alleged violation on its merits without personally appearing at an administrative hearing by:
1. Requesting a “nonresident request for hearing” form from the ordinance enforcement administrator after receiving the final notice as provided in RMC 11.02.040;
2. Signing the nonresident request for hearing in the space specified in the violation notice or citation 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 notice or citation;
3. Filing the violation notice or citation with the “request for hearing” section fully completed with the ordinance enforcement administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed upon receipt by the ordinance enforcement department;
4. Filing a notarized statement of facts specifying the grounds for challenging the violation notice or citation which must be filed with the ordinance enforcement administrator postmarked within ten days of the violation notice issuance. The request shall be deemed filed upon receipt by the ordinance enforcement department;
5. The hearing officer shall make an adjudication based upon the facts set forth in the notarized statement of facts filed by the nonresident and the facts as contained in the violation notice or citation;
6. Notice of the determination of the hearing officer shall be served upon the nonresident by first class mail, postage prepaid, addressed to the nonresident at the address set forth in the statement of facts submitted;
7. Service of the notice shall be complete on the date the notice is placed in the United States mail; and
8. Provisions of this section shall apply equally to nonresidents and residents of the village. (Ord. 2014-04 § 3, 2014)
11.02.070 Final determination of liability.
A. 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.
B. 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 pursuant to RMC 11.02.110, 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.
C. A notice of final determination of liability shall be sent following the conclusion of an administrative hearing within five days after the final determination of liability is made, as is hereinafter set forth, and shall contain, but not be limited to, the following information and warnings:
1. The hearing officer’s findings of fact;
2. A decision of whether or not a code violation exists based upon the findings of fact;
3. A statement that the unpaid fine and any penalty assessed is a debt due and owing the village;
4. A statement of any sanction ordered or costs imposed which costs are debts due and owing the village;
5. A warning that failure to pay the fine and any penalty due and owing the village within the time specified may result in proceeding with collection procedures;
6. A warning that the person’s driver’s license may be suspended for failure to pay fines or penalties for ten or more vehicular standing or parking violations under 625 ILCS 5/6-306.5, incorporated herein by reference;
7. A warning that the vehicle owned by the person and located within the village may be immobilized and impounded for failure to pay fines or penalties for five or more vehicular standing or parking regulation violations; and
8. Any other warning of possible impoundment as permitted by law or ordinance. (Ord. 2014-04 § 3, 2014)
11.02.080 Judicial review.
Any final decision by a hearing officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review under the Illinois Administrative Review Law, 65 ILCS 5/1-2.1-1 et seq., and 65 ILCS 5/1-2.2-1 et seq. (Ord. 2014-04 § 3, 2014)
11.02.090 Enforcement of judgment.
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 are a debt due and owing the municipality 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 a code violation, the village may commence a proceeding in the circuit court of Cook County for the purpose of obtaining a judgment on the findings, decision and order.
C. In any case in which a hearing officer finds that an individual has failed to comply with a judgment ordering an individual to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by a municipality to enforce the judgment including, but not limited to, attorney’s fees, court costs, and costs related to property demolition or foreclosure after they are fixed by the hearing officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law.
D. A lien shall be imposed on the real estate or personal estate, or both, of the individual in the amount of any debt due and owing the municipality under this chapter. The lien may be recorded and enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. No lien may be enforced under this chapter until it has been recorded in the manner provided by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code.
E. A hearing officer may set aside any judgment entered by default and set a new hearing date upon a petition filed within twenty-one days after the issuance of the order of default if the hearing officer determines that the petitioner’s failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the municipality did not provide proper service of process. (Ord. 2014-04 § 3, 2014)
11.02.100 Schedule of fines/penalties.
A. Fines and penalties shall be imposed in accordance with the village code, or where no fine or penalty is expressed in the village code, the hearing officer may impose a fine or penalty according to his judgment. However, in no case may the fines imposed by the hearing officer exceed seven hundred fifty dollars per violation per day.
B. Notwithstanding any other provisions contained within the village code to the contrary, fines and penalties for violations of RMC Title 10 (excluding fines and fees set forth in Chapter 10.78 RMC) shall be as follows:
|
|
Fine Schedule |
General Fines |
Vehicle Tag Fines |
Fire Zone Fines |
Sound Device Fines |
Handicap Parking Fines |
|---|---|---|---|---|---|---|
|
Step 1 |
Upon service of a Notice of Violation, the fine amount on or before the 1st Hearing Date shall be: |
$50.00 |
$50.00 |
$100.00 |
$150.00 |
$250.00 |
|
Step 2 |
If the fine specified in Step 1 has not been paid after the 1st Hearing Date, but before the 2nd Hearing Date, the fine amount shall be: |
$100.00 |
$100.00 |
$150.00 |
$200.00 |
$275.00 |
|
Step 3 |
Having failed to pay the fine amount specified in Step 2 prior to the 2nd Hearing Date, the fine amount shall be: |
$150.00 |
$150.00 |
$200.00 |
$225.00 |
$300.00 |
|
Step 4 |
Having failed to pay the fine amount specified in Step 3 prior to the 3rd Hearing Date, the fine amount due, if paid on the 3rd Hearing Date and upon the finding of a Final Determination of Liability, for the violation shall be: |
$250.00 |
$250.00 |
$250.00 |
$250.00 |
$350.00 |
C. The fines and penalties herein set forth shall be uniformly applied for each violation of any provision under RMC Title 10. (Ord. 2014-04 § 3, 2014)
11.02.110 Failure to appear, notice.
A. Upon failure of the person receiving a notice of a violation of a village ordinance, other than a RMC Title 10 violation, to appear at the time and date designated for a hearing, or, in the case of a violation of RMC Title 10, the registered owner, operator, or lessee of the “cited vehicle” to pay the fine in full as stated on said notice, the ordinance enforcement administrator shall send or cause to be sent notices by first class mail, postage prepaid to the person who received the notice of an ordinance violation; or, in the case of the violation of RMC Title 10, 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 notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
B. The notices sent in accordance herewith shall be in the following sequence and contain, but not be limited to the following information:
1. Upon the failure of the person receiving notice of an ordinance violation or, in the case of a notice of a violation of RMC Title 10, the registered owner, operator, or lessee of the “cited vehicle” to pay the fine in full as stated on said notice, a notice shall be sent, as above set forth, and shall contain, but not be limited to, the following information:
a. Date and location of violation cited in the violation notice;
b. Particular ordinance violated;
c. Vehicle make and state registration number (if applicable);
d. Fine and any penalty that may be assessed for late payment;
e. A section entitled “Notice of Hearing” which shall clearly set forth that the person receiving a notice of ordinance violation, in the case of a violation of RMC Title 10, or 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 notice of hearing;
f. Date, time and place of the administrative hearing at which the alleged violation may be contested on its merits;
g. Statement that failure to either pay fine and any applicable penalty or failure to appear at the hearing on its merits on 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; and
h. 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 fine or penalty will constitute a debt due and owing the village. (Ord. 2014-04 § 3, 2014)
11.02.120 Impending suspension of driver’s license, notice.
A notice of impending suspension of a person’s driver’s 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 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 days of the date of the notice will result in the village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under 625 ILCS 5/6-306.5, incorporated herein by reference; and
B. The notice of impending driver’s license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State. (Ord. 2014-04 § 3, 2014)