Village of Homer Glen, IL Penalties and Enforcement

Any full- or part-time Village employee whose duties include the inspection or examination of structures in the Village to determine whether a code violation exists.

CODE

The Village Code, except for 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.

HEARING OFFICER

An employee, officer or agent of the Village, other than a law enforcement officer, whose duty it is to:

Preside at an administrative hearing called to determine whether or not a code violation exists;

Hear testimony and accept evidence from all interested parties relevant to the existence of a code violation;

Preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing; and

Issue and sign a written finding, decision, and order stating whether a code violation exists.

§ 1-16 Code Hearing Department.

There is hereby established a Code Hearing Department in the Village. Its function is to expedite the prosecution and correction of code violations in the manner set forth in this article.

The Code Hearing Department shall adjudicate any violation of the code except for 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.

§ 1-17 Hearing procedures not exclusive.

This article does not preclude the Village from using other methods to enforce the code.

§ 1-18 Instituting proceedings.

When an individual authorized to issue a code violation finds a code violation to exist, he or she shall note the violation on a multiple-copy violation notice and report form that indicates:

(1)

The name and address of the defendant;

(2)

The type and nature of the violation;

(3)

The date and time the violation was observed; and

(4)

The names of the witnesses of the violation.

Service of any violation notice shall be made as follows:

(1)

In the case of violation of a vehicle regulation by:

(a)

Affixing the original or a facsimile of the notice to the vehicle; or

(b)

Handing the notice to the registered owner, operator or lessee of the vehicle, if present; or

(c)

Handing the notice to the responsible person or leaving the notice with any person 12 years of age or older at the residence of the owner.

(2)

In the case of any violation other than a violation of a vehicle regulation violation by:

(a)

Handing the notice to the person responsible for the violation; or

(b)

Handing the notice to the responsible person or leaving the notice with any person 12 years of age or older at the residence of the responsible owner; or

(c)

Mailing the notice by first class mail to the person responsible for the violation; or

(d)

Posting the notice upon the property where the violation is found when the person is the owner or manager of the property.

§ 1-19 Subpoenas; defaults.

At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the request of either party, issuing subpoenas directing witnesses to appear and give testimony at the hearing or produce tangible things. If on the date set for the hearing the defendant or his or her attorney fails to appear, the hearing officer may find the defendant in default and proceed with the hearing.

§ 1-20 Hearing; evidence.

At the hearing, a hearing officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or nonexistence of a code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this article.

§ 1-21 Qualifications of hearing officers.

Prior to conducting proceedings under this article, hearing officers shall successfully complete a formal training program that includes the following:

(1)

Instruction on the rules of procedure of the hearing that they will conduct;

(2)

Orientation to each subject area of the code violations that they will administer;

(3)

Observation of administrative hearings; and

(4)

Participation in hypothetical cases, including rules on evidence and issuing final orders.

In addition, every hearing officer must be an attorney licensed to practice law in the State of Illinois for at least three years.

§ 1-22 Findings, decision and order.

At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing as to whether a code violation exists.

§ 1-23 Review under Administrative Review Law.

The findings, decision and order of the hearing officer shall be subject to review pursuant to the Administrative Review Law (735 ILCS 5/3-101 et seq.).

§ 1-24 Judgment on findings, decision and order.

A 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 Administrative Review Law (735 ILCS 5/3-101 et seq.) shall be a debt due and owing the Village and may be collected in accordance with applicable law.

§ 1-25 Vehicle violations: failure to appear; service of additional notices; license suspension.

In the case of vehicle violations:

Failure to make an appearance shall result in additional notices of violation as provided in this section being sent by first class mail to the registered owner of the vehicle at his or her address as recorded with the Secretary of State.

A second notice of violation shall be sent to the owner of the cited vehicle upon the failure of the recipient of a violation notice to make an appearance. The recipient may appear by either paying the indicated fine and assessed penalty for late charges or by requesting a hearing on the merits of the citation in the time and manner specified on the second notice and attending such hearing at the time, date and place specified by the Hearing Officer. Failure to appear in the manner herein prescribed shall result in a final determination of parking violation liability for the cited violation.

A notice of final determination of violation liability shall be sent to the owner of the cited vehicle upon failure to appear pursuant to the second notice of violation and after a final determination of violation liability has been rendered. The recipient may appear by paying the fine and penalty within the time specified on the notice and shall be advised that failure to do so may result in the Village filing a petition in the Circuit Court to have the unpaid fine or penalty rendered a judgment and that proceedings to suspend the owner's driver's license be initiated for failure to pay fines or penalties for 10 or more parking violations.

A notice of impending driver's license suspension shall be sent to the person for whom a final determination of liability was rendered in accordance on each of 10 or more unpaid parking violations. Failure to pay the fines and/or penalties owing within 45 days of the notice's date shall result in notification to the Secretary of State of the owner's eligibility for initiation of driver's license suspension proceedings.

Part 2 General Penalty

[Adopted 2-12-2008 by Ord. No. 08-006; amended in its entirety at time of adoption of Code (see Art. I)]

§ 1-26 Penalty for Code violations.

Whenever, in this Code or in any other ordinance, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provisions of this Code or of any other ordinance shall be punished by a fine of not less than $50 nor more than $1,000. Every day that a violation exists constitutes a separate offense.

§ 1-27 Penalties for parking violations.

For violations of any ordinance provision regulating, restricting or prohibiting the standing or parking of motor vehicles along the streets, byways, alleyways, regulated parking lots or such other locations as may be controlled by off-street parking agreements, for violations of any ordinance provisions regulating parking in any area located within the boundaries of the Village, including handicapped parking, for violations of regulations for parking during snow removal operations and for violations regarding the use or condition of vehicular equipment, the fines shall be set forth in the following schedule:

		Fine Schedule
		General Fine	Handicapped Parking	Parking During Snow Removal Operations
Step 1	Upon service of a "hang-on violation notice," the fine amount prior to or on the first hearing date shall be:	$50	$250	$100
Step 2	Upon failure to pay the fine amount specified in Step 1, after the first hearing date the fine shall be:	$100	$250	$250
Step 3	Upon failure to pay the fine amount specified in Step 2 prior to or on the second hearing date, the fine amount shall be:	$150	$250	$250
Step 4	Upon failure to pay the fine amount specified in Step 3 and failing to appear at the second hearing, the fine amount shall be:	$250	$250	$250