Ordinance 2008-035 i
Ordinance No. a00%3S
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AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
PROVIDING FOR THE ADMINISTRATIVE ADJUDICATION OF VIOLATIONS OF
CITY ORDINANCES
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the City of the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 1 of the United City of Yorkville Code of Ordinances is hereby
amended by adding the following new Chapter 13:
CHAPTER 13
ADMINISTRATIVE ADJUDICATION
OF VIOLATIONS OF CITY ORDINANCES
1 -13 -1: PURPOSE: The stated purpose of this Chapter is to provide for
fair and efficient enforcement of City ordinances as may be allowed by
law and directed by ordinance, through an administrative adjudication of
violations of such City ordinances and establishing a schedule of fines and
penalties, and authority and procedures for collection of unpaid fines and
penalties.
1 -13 -2: CREATION: There is hereby established an executive
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department of the municipal government to be known as the United City
of Yorkville Ordinance Enforcement Department and to have the power to
enforce compliance with all municipal ordinances as from time to time
authorized by the City Council (65 ILCS 5/1- 2.2 -1, et seq.) and any
offense under the Illinois Building Code (65 ILCS 5/11- 31.1 -1, 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 Section 6 -204 of the Illinois Vehicle
Code (625 ILCS 5/1 -100, et seq.) The establishment of the United City of
Yorkville Ordinance Enforcement Department does not preclude the
Mayor and City Council from using any other method to enforce
ordinances of the City.
1 -13 -3: ADMINISTRATIVE COMPOSITION: The United City of
Yorkville Ordinance Enforcement Department shall be composed of a
Hearing Officer, an Ordinance Enforcement Administrator, System
Coordinator /Computer Operator and such other personnel hereinafter
appointed, with the power and authority as hereinafter set forth.
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The Mayor is hereby authorized to appoint all Hearing Officers of this
City with the advice and consent of the City Council. The Mayor is
hereby authorized to appoint all other persons to hold the positions
hereinafter set forth below, and such other personnel as needed. Other
than the Hearing Officer, one person may hold and fulfill the requirements
of one or more of the above stated positions, and compensation for each of
the hereinafter stated positions shall be as approved by the Mayor and City
Council.
A. Hearing Officer:
1. 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 code violation exists.
b. Hear testimony and accept evidence that is relevant to
the existence of the City Code 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 City Code violation exists; and,
f. Impose penalties, sanctions or such other relief
consistent with applicable City Code 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.
2. Prior to conducting administrative adjudication proceedings
under this Chapter, the Hearing Officer shall have successfully
completed a formal training program which includes the following:
a. Instruction on the rules of procedure of the
administrative hearings over which the Hearing Officer shall
preside;
b. Orientation to each subject area of the code violations
that he /she will adjudicate;
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c. Observation of administrative hearings; and,
d. Participation in hypothetical cases, including ruling on
evidence and issuing final orders.
3. A Hearing Officer must be an attorney licensed to practice law
in the State of Illinois for at least three (3) years.
B. Ordinance Enforcement Administrator: The Ordinance
Enforcement Administrator is authorized and directed to:
1. Operate and manage the system of administrative adjudication
of City ordinance violations as may be permitted by law and
directed by ordinance.
2. 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.
3. Collect moneys paid as fines and /or penalties assessed after a
final determination of liability.
4. 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 Illinois Compiled Statutes ( "ILCS "), 5/11-
208.3 as from time to time amended.
5. 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.
6. Promulgate rules and regulations reasonably required to operate
and maintain the administrative adjudication system hereby
created.
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7. Collect unpaid fines and penalties through private collection
agencies and pursuit of all post judgment remedies available by
current law.
C. System Coordinator /Computer Operator: The System
Coordinator /Computer Operator is hereby authorized and directed
to operate and maintain the computer programs for the
administrative adjudication system of the United City of Yorkville
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Ordinance Enforcement Department hereby created, on a day -to-
day basis, including but not limited to:
1. Input of violation notice information.
2. Establishing court dates and notice dates.
3. Record fine and penalty assessment and payments.
4. Issue payment receipts.
5. 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
drivers license suspension, as directed by the Ordinance
Enforcement Administrator in accordance with the provisions
hereinafter set forth.
6. Keep accurate records of appearances and non - appearances at
administrative hearings, pleas entered, judgments entered,
sanctions imposed, if any, fines and penalties assessed and paid.
1 -13 -4: NOTICE OF VIOLATION: The system of administrative
adjudication of any City 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 City Motor Vehicles and Traffic Code, Title 6 of this Code,
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 the "City Motor Vehicle
Code "), 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 specifically authorized individuals of any City Department
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 City
ordinance, is authorized to issue notice of violation thereof and
shall make service thereof as is hereinafter set forth.
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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 the City Motor Vehicle Code, the legal authority and
jurisdiction under which the hearing is to be held, and the penalties
for failure to appear at the hearing.
E. The date of the hearing shall not be less than thirty (30) nor more
than forty (40) days after the violation is reported.
1 -13 -5: SERVICE & 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 the City Motor Vehicle Code, 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. .
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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 (20) days before the hearing is
scheduled.
3. In the case of any ordinance violation other than a violation of
the City Motor Vehicle Code or 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.
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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.
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1 -13 -6: ADMINISTRATIVE HEARINGS:
A. An administrative hearing shall be granted for the following:
1. To adjudicate any alleged ordinance violation on its merits.
2. To contest the validity of a notice of impending immobilization
or impending impoundment, or, the validity of a notice of
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impending drivers license suspension. The hearing shall be
granted to the registered owner or operator of the "cited vehicle ",
pursuant to 625 ILCS 5/11 -208.3 or the lessee of the "cited
vehicle ", 625 ILCS 5/11 -1306, incorporated herein by reference,
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 drivers
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
twenty -five (25) days.
C. 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 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 Section 1 -13 -10 hereof.
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.
1 -13 -7: 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.
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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 Section 1-
13-11 hereof, 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.
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C. A notice of final determination of liability shall be sent following
the conclusion of an administrative hearing within five (5) 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.
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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 City.
4. A statement of any sanction ordered or costs imposed which
costs are debts due and owing the City.
5. A warning that failure to pay the fine and any penalty due and
owing the City within the time specified may result in proceeding
with collection procedures.
6. 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 625 ILCS 5/6- 306.5,
incorporated herein by reference.
7. A warning that the vehicle owned by the person and located
within the City may be immobilized and impounded for failure to
pay fines or penalties for ten (10) or more vehicular standing or
parking regulation violations.
8. Any other warning of possible impoundment as permitted by
law or ordinance.
1 -13 -8: 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.
1 -13 -9: 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
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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 city may commence a
proceeding in the circuit court of Kendall 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
(21) 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.
1- 13 -10: SCHEDULE OF FINES /PENALTIES: Fines and penalties
shall be imposed in accordance with the City Code, or where no fine or
penalty is expressed in the City 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 $750.00 per violation per
day, or a maximum of $2500.00 for all Building Code violations.
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1- 13 -11: FAILURE TO APPEAR, NOTICE:
A. Upon failure of the person receiving a notice of a violation of a
City ordinance, other than a City Motor Vehicle Code violation, to
appear at the time and date designated for a hearing, or, in the case
of a violation of the City Motor Vehicle Code, 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 the City
Motor Vehicle Code, 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 the City Motor
Vehicle Code, 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 the City Motor Vehicles and
Motor Vehicles and Traffic Code, Title 6 of this Code, or the
registered owner, operator, or lessee may appear at an
administrative hearing to contest the validity of the violation notice
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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 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.
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 City.
1- 13 -12: IMPENDING SUSPENSION OF DRIVERS LICENSE,
NOTICE: 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 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.
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.
1- 13 -13: IMMOBILIZATION /TOWING AND IMPOUNDMENT OF
MOTOR VEHICLES:
A. 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, booted, or towed and
impounded if
1. The Ordinance Enforcement Administrator has determined that
a person has been determined to be liable for ten (10) or more
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ordinance violations, for which the fines or penalties remain
unpaid.
2. 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.
3. A Seizure 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:
a. That a final determination has been made on ten (10) or
more ordinance violations, for which the fines and penalties remain
unpaid.
b. A listing of the violations for which the person has been
determined to be liable, which shall include for each violation:
i. the ordinance violation notice number;
ii. date of issuance; and
iii. total amount of fines and penalties assessed.
c. 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 fifteen
(15) days of the date of the notice.
d. Date of immobilization.
e. Date of impending towing and impoundment.
f. That the registered owner may contest the validity of the
notice by appearing in person before the Ordinance Administrator
within fifteen (15) days of the date of the notice and submitting
evidence which would conclusively disprove liability, such as the
following:
i. That the registered owner was not the owner or
lessee of the vehicle on the date or dates the notices of
violation were issued; or,
ii. That the fines or penalties for the violations cited
in the notice were paid in full; or,
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iii. That the registered owner has not accumulated
ten (10) or more ordinance violation notices which are
unpaid, not adjudicated or for which no appearance was
made.
4. 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 has failed to appear with evidence to
conclusively disprove liability before the Ordinance Enforcement
Administrator to contest the validity of the notice.
1- 13 -14: REQUEST FOR HEARING IN THE CASE OF TOWING
AND IMPOUNDMENT OF MOTOR VEHICLES: 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
United States mail.
1- 13 -15: NOTICE AFFIXED TO VEHICLE IN CASES OF
IMMOBILIZATION: Upon immobilization of an eligible vehicle, a
notice shall be affixed to the vehicle in a conspicuous place. Such notice
shall warn that the vehicle is immobilized and that any attempt to move
the vehicle may result in its damage. The notice shall also state that the
unauthorized removal of or damage to the immobilizing restraint is a
violation of Sections 16 -1 and 21 -1 of the Illinois Criminal Code, 720
ILCS 511 -1, et seq. The notice also shall provide the following
information specifying that a release of the immobilizing restraint may be
had by:
A. Paying all the fines and penalties, if any, on the outstanding
complaints for which notice has been sent prior to the date of the
immobilization; or,
B. Completing appearance forms on all outstanding parking violation
complaints for which notice had been sent prior to the date of the
immobilization and depositing collateral in the amount of fifty
percent (50 %) of the total fines for these outstanding parking
violation complaints, or five hundred dollars ($500.00), whichever
is less.
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1- 13 -16: TOWING OF IMMOBILIZED VEHICLE: Except where
the vehicle is otherwise subject to towing, if the immobilizing restraint has
not been released as hereinabove provided, within seventy -two (72) hours
of its placement, the vehicle shall be towed and impounded.
1- 13 -17: POST - IMPOUNDMENT NOTICE: Within ten (10) days
after a vehicle has been impounded, notice of impoundment shall be sent
by certified mail, return receipt requested, to the registered owner of the
vehicle. The notice shall state that the owner has the right to a post -
immobilization and post- towing hearing as provided in 1 -13 -15 and that if
the vehicle is not claimed within thirty (30) days from the date of the
notice, the vehicle may be sold or otherwise disposed of in accordance
with the Illinois Vehicle Code.
1- 13 -18: HEARING IN CASE OF VEHICLE IMMOBILIZATION:
The owner of an immobilized vehicle or other interested person shall have
the right to a hearing to determine whether the immobilization or any
subsequent towing was erroneous or whether the vehicle was properly
included on an immobilization list, if the owner files a written demand for
a hearing before the Ordinance Enforcement Administrator within
fourteen (14) days after issuance of the notice specified in 1 -13 -16 or
within fourteen (14) days of immobilization, whichever is later.
A hearing shall be conducted on any business day within forty -eight (48)
hours of receipt of a written demand for hearing, unless otherwise
mutually agreed by the parties. Failure to request or attend a scheduled
hearing shall be deemed a waiver of the right to a hearing. In the event of
such failure, any amount deposited pursuant to 1 -13 -14 shall be forfeited.
A hearing provided by this Section shall not determine the validity of or
otherwise adjudicate any citation or notice of ordinance violation issued
relative to the immobilized vehicle, but shall only relate to whether the
vehicle was properly immobilized or towed by determining whether the
owner previously submitted evidence required by this Chapter.
1- 13 -19: FINES AND FEES FOR IMMOBILIZATION: The fine for
immobilization shall be sixty dollars ($60.00) and the fine for
impoundment and towing shall be an amount not to exceed five hundred
dollars ($500.00). The owner of the vehicle shall also be charged
reasonable storage and towing fees should the vehicle be removed to a
private storage facility, provided that no fees shall be assessed for any
immobilization or tow which has been determined to be erroneous.
1- 13 -20: TOWING SERVICES: The Ordinance Enforcement
Administrator shall appoint or retain the services of an individual, agency,
or company to tow and impound vehicles in accordance herewith,
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provided that that 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 unauthorized entry into the impounded
vehicles.
1- 13 -21: EVICTION, RIGHTS OF OCCUPANTS: In the case of a
Building Code violation, no action for eviction, abatement of a nuisance,
forcible entry and detainer or other similar proceeding shall be threatened
or instituted against an occupant of a dwelling solely because such
occupant agrees to testify or testifies at a code violation hearing.
1- 13 -22: DEFENSES TO BUILDING CODE VIOLATIONS: It shall
be a defense to a Building Code violation if the owner, his attorney, or any
other agent or representative proves to the Hearing Officer's satisfaction
that:
A. The code violation alleged in the notice does not in fact exist, or at
the time of the hearing the violation has been remedied or
removed;
B. The code violation has been caused by the current property
occupants and that in spite of reasonable attempt by the owner to
maintain the dwelling free of such violations, the current occupants
continue to cause the violations;
C. An occupant or resident of the dwelling has refused entry to the
owner or his agent to al or a part of the dwelling for the purpose of
correcting the code violation.
1- 13 -23: SANCTIONS APPLICABLE TO THE BUILDING
OWNER: The order to correct a Building Code violation and the
sanctions imposed by a municipality as the result of a finding of a code
violation shall attach to the property as well as to the owner of the
property, so that a finding of a code violation against one owner cannot be
avoided by conveying or transferring the property to another owner. Any
subsequent transferee or owner of property takes subject to the findings,
decision, and order of a Hearing Officer.
1- 13 -24: FEDERAL GOVERNMENT CONTRACTS UNDER THE
BUILDING CODE: A person who contracts with the federal government
or any of its agencies, including without limitation the Depart of Housing
and Urban Development, to care for vacant residential real estate shall be
responsible for maintaining the property to prevent and correct municipal
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health and safety code violations. A person who intentionally violates this
Section is guilty of a business offense and shall be fined not less than $501
and not more than $1,000.
Section 2. 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.
Section 3. This Ordinance shall become effective ten (10) days after publication.
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Section 4. Any and all Ordinances, sections, or subsections of Ordinances in
conflict herewith are hereby repealed.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 1 day of ( _ , A.D. 2008.
CITY CLERK
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI _� MARTY MUNNS
ROSE SPEARS
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this 1 3 day of NlA 2008.
/ ")) a"�'6C �
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