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HomeMy WebLinkAboutOrdinance 2026-22 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2026-22 AN ORDINANCE AMENDING TITLE 1, CHAPTER 14 OF THE YORKVILLE CITY CODE Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 10th day of March, 2026 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on March 14, 2026. Ordinance No. 2026-22 AN ORDINANCE AMENDING TITLE 1, CHAPTER 14 OF THE YORKVILLE CITY CODE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality pursuant to the Illinois Constitution of 1970 and the laws of this State; and WHEREAS, the City has a codified set of ordinances which are of a general and permanent nature, which said codified set is known and designated as the Yorkville City Code, as amended (the "City Code"); and WHEREAS, the Mayor and City Council (the "Corporate Authorities") have the authority to amend the City Code to include or amend all ordinances, rules and regulations the Corporate Authorities deem necessary to carry into effect the powers granted to municipalities; and WHEREAS, the Corporate Authorities have adopted and codified administrative adjudication processes and procedures pursuant to Section 5/1-2.2-1 et seq. of the Illinois Municipal Code (65 ILCS 5/1-1 et seq.) to provide for the fair and efficient enforcement of all City ordinances; and WHEREAS, pursuant to Title 1, Chapter 14, Section 1-14-2B of the City Code, the position of a hearing officer is established and, as provided in Section 1-14-2B.2, is authorized and assigned specific duties to hear and make determinations on alleged violations of the City Code; and WHEREAS, on July 1, 2025, Governor J. B. Pritzker signed Public Act 104-0200 into law by which the duties of the hearing officer have been expanded to authorize the hearing officer to compel the remediation of violations of the City's Code; and WHEREAS, the Corporate Authorities believe that it is in the best interests of the safety, health and welfare of the residents to amend the City Code to adopt the authority granted to hearing officers pursuant to Public Act 104-0200. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and the City Council of the United City of Yorkville, Kendall County, Illinois as follows: Ordinance No.2026-22 Page 2 Section 1. Title 1, Chapter 14, 1-14-2B 2. is hereby amended by deleting said Section in its entirety and replacing it with the following new 1-14-2B 2. 2. The powers and duties of a hearing officer shall include: (a) Hearing testimony and accepting evidence that is relevant to the existence of the code violation; (b) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives; (c) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing; (d) Issuing a determination, based on the evidence presented at the hearing, of whether a code violation exists. The determination shall be in writing and shall include a written finding of fact, decision, and order including the fine, penalty, or action with which the defendant must comply; (e) Imposing penalties consistent with applicable code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to (i) impose a penalty of incarceration, or (ii) impose a fine in excess of $50,000. The maximum monetary fine under this item (e), shall be exclusive of costs of enforcement or costs imposed to secure compliance with the municipality's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality; and (f) Entering orders prohibiting further code violations or compelling the remediation of existing code violations within a specified time and authorizing the municipality to take all necessary steps to remediate code violations. (g) Upon a finding of liable a $30 penalty is to be imposed by the hearing officer as an administrative cost. This penalty shall not be construed as part of the fine for the purpose of dismissal of any alleged ordinance violation or any reduction made in the fine for compliance. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Ordinance No. 2026-22 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 10th day of March, A.D. 2026. (?I01( cJitit'1'tA, CITY CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this)3day of M a r , A.D. 2026. MAYOR Attest: ti ill CL0,14/(AIMZ Y CLERK Ordinance No.2026-22 Page 4