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Ordinance 2008-037 I p Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS BY DELETING THE PENALTY PROVISIONS OF THE BUILDING CODE WHEREAS, the United City of Yorkville (the "City ") is a non home -rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, the Mayor and City Council of the City have determined that it is in the best interests of the City to implement Administrative Adjudication; and, WHEREAS, pursuant to Section 1 -13 -10 of the City Code, the Administrative Adjudication process allows a Hearing Officer to impose a fine or penalty according to his or her best judgment, if no fine or penalty is expressed in the City Code, but in no event more than $750.00 per day. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 8, Chapter 2, Section 2, Subsection C of the United City of Yorkville Code of Ordinances is hereby amended by deleting the following text: Section 80.23(B)(3) Penalties. Delete: "Any person, firm, or corporation who shall willfully violate any of the applicable provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than _dollars ($__) or more than _dollars ($__) for each offense, together with the costs of prosecution, imprisonment, or both, for not less than (__) days or more than ( V Insert: Any person, firm, or corporation who shall willfully violate any of the applicable provisions of this article shall be punished by a fine of not less than seventy -five dollars ($75.00) nor more than five hundred dollars ($500.00), together with the costs of prosecution. Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. Section 2 Title 8, Chapter 2, Section 3, Subsection B of the United City of Yorkville Code of Ordinances is hereby amended by deleting the following text: i Section 108.4 Violation penalties. Delete: "...shall be guilty of a [SPECIFIC OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall be punished by a fine of not less than seventy -five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 108.5 Stop work orders. Insert: seventy -five dollars ($75.00), five hundred dollars ($500.00). Section 3. Title 8, Chapter 2, Section 4, Subsection B of the United City of Yorkville Code of Ordinances is hereby amended by deleting the following text: Section 108.4 Delete: "...shall be guilty of a [SPECIFIC OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall be punished by a fine of not less than seventy -five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 108.5 Stop work orders. Insert: seventy -five dollars ($75.00), five hundred dollars ($500.00). Section 4. Title 8, Chapter 2, Section 6, Subsection B of the United City of Yorkville Code of Ordinances is hereby amended by deleting the following text: Section 109.3 Violation Penalties. Delete: "...shall be guilty of a [SPECIFIC OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall be punished by a fine of not less than seventy -five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 111.4 Failure to Comply. Insert: seventy -five dollars ($75.00), five hundred dollars ($500.00). Section S. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. [Remainder of this page intentionally left blank] ' I Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this \� day of , A.D. 2008. cig� i\'t' CL { ROBYN SUTCLIFF , JOSEPH BESCO ARDEN JOSEPH PLOCHER \ WALLY WERDERICH GARY GOLINSKI Lt MARTY MUNNS ROSE ANN SPEARS Approved by me, as Ma or of the United City of Yorkville, Kendall County, Illinois, this 13 day of M 4' 2008. MAYOR i i i I