§ 3.22. Code Hearing Unit/administrative adjudication of ordinance violations.
(a)
Purpose. The stated purpose of this Section is to provide for fair and efficient enforcement of City of Elmhurst (the "City") ordinances as may be allowed by law and directed by ordinance, through administrative adjudication of violations of City ordinances and Municipal Code sections and by establishing a schedule of fines, costs and penalties for violations, and authority and procedures for collection of unpaid fines, costs and penalties and enforcement of orders to correct violations.
(b)
Creation of Code Hearing Unit; Jurisdiction. There is hereby created within the City of Elmhurst an executive unit of the municipal government to be known as the City of Elmhurst Code Hearing Unit, which is authorized to provide for and operate a "system of administrative adjudication," which shall be defined as the adjudication of those violations of municipal ordinances contained in the following chapters of the City of Elmhurst Municipal Code now in effect or hereafter adopted:
(1)
Chapter 5 Streets, Alleys and Sidewalks;
(2)
Chapter 6 Trees and Plants;
(3)
Chapter 7 Water and Sewers;
(4)
Chapter 12 Nuisances, Noise and Dangerous Buildings;
(5)
Chapter 13 Animal Control;
(6)
Chapter 16 Garbage and Rubbish;
(7)
Chapter 22 Zoning;
(8)
Chapter 23 Subdivisions;
(9)
Chapter 24 Building Code;
(10)
Chapter 25 Fire Prevention Code;
(11)
Chapter 26 Electrical Code;
(12)
Chapter 27 Plumbing Code;
(13)
Chapter 29 Private Water and Sewer Systems;
(14)
Chapter 31 Business Licensing, Regulation and Registration;
(15)
Chapter 36 Liquor (Articles II, III, and IV only);
(16)
Chapter 37 Municipal Occupation and Privilege Taxes;
(17)
Chapter 38 Telecommunications and Cable Systems (Section 38.5.30 only);
(18)
Chapter 41 Motor Vehicle Licenses;
(19)
Chapter 44 Motor Vehicles and Traffic (Article VII, Article VIII, Sections: 44.150, 44.153, 44.159, 44.160, 44.161, 44.163, 44.171 through 44.177, 44.182 through 44.185 and 44.187 and Article XI, Section 44.230);
(20)
Chapter 51 Offenses Against Public Peace, Safety and Morals.
The foregoing notwithstanding proceedings not within the statutory or home rule authority of the City and any offense under the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.) or similar offense that is a traffic regulation governing the movement of motor vehicles, and any reportable offense under Section 6-204 of the Illinois Vehicle Code (625 ILCS 5/6-204), shall not be subject to administrative adjudication pursuant to the provisions of this Section.
(c)
Hearing Procedures Non-Exclusive. The provisions of this Section shall not preclude the City from using other methods or proceedings to enforce the ordinances of the City of Elmhurst, including, but not limited to, the institution of any action in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois or any other administrative proceeding.
(d)
Code Hearing Unit. The Code Hearing Unit shall be composed of an Administrative Hearing Officer, an Ordinance Enforcement Administrator, the Chief of Police of the City or his designee, hearing room personnel, and any other duly appointed person or persons deemed necessary for the efficient administration of the Code Hearing Unit, with the following powers, duties and authority:
(1)
Administrative Hearing Officer. All adjudicatory hearings shall be recorded and shall be presided over by an Administrative Hearing Officer who shall be an attorney licensed to practice law in the State of Illinois for no less than three years. The Administrative Hearing Officer shall be appointed by the Mayor with the advice and consent of the City Council. Prior to conducting administrative adjudication hearings, the Administrative Hearing Officers shall have successfully completed a formal training program which includes the following:
(i)
Instruction on the rules of procedure of the administrative hearings which they will conduct;
(ii)
Orientation to each subject area of the City code violations that the Administrative Hearing Officer will adjudicate;
(iii)
Observation of administrative hearings;
(iv)
Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(2)
Administrative Hearing Officers are hereby authorized, empowered and directed to:
(i)
Administer oaths and affirmations to witnesses;
(ii)
Hear testimony and accept evidence that is relevant to the existence or nonexistence of an ordinance or code violation;
(iii)
Issue subpoenas for the production of relevant documents and/or directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives or upon the initiative of the Administrative Hearing Officer;
(iv)
Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing;
(v)
Issue a determination, based on the evidence presented at the hearing, of whether a code or ordinance violation occurred or exists. The Administrative Hearing Officer's determination shall be in writing and shall include written findings of fact, decision, and order including any fine, penalty, cost or other action with which the Respondent must comply including correcting a code violation by a date certain; and
(vi)
Impose penalties consistent with applicable City of Elmhurst Municipal Code provisions and assess costs upon finding a party liable for the charged violation, provided, however, that the Administrative Hearing Officer shall not be authorized to (i) impose a penalty of incarceration, (ii) impose fines totaling in excess of fifty thousand dollars ($50,000.00) against a single Respondent, or (iii) levy a total fine in excess of two hundred fifty dollars ($250.00) for any one violation of a standing, parking and motor vehicle compliance regulation except that the total fine for any one violation of Section 11-1301.3 of the Illinois Vehicle Code (625 ILCS 5/11-1301.3) or similar provision of this Code shall not exceed three hundred fifty dollars ($350.00);
(vii)
Impose hearing costs in addition to any fines or other sanctions assessed against a Respondent found liable of a code or ordinance violation. Hearing costs shall be forty dollars ($40.00);
(viii)
Hold prehearing conferences for the purpose of settlement, scheduling or simplification of issues;
(ix)
Rule on motions, objections and the admissibility of evidence; provided, however, that the Administrative Hearing Officer is not empowered to rule on motions raising constitutional issues;
(x)
The maximum monetary fine as herein provided shall, except as may otherwise be provided, be exclusive of costs of enforcement or costs incurred by the City to secure compliance with the City's ordinances and the maximum fine limitation shall not be applicable to cases to enforce the collection of any tax imposed and collected by the City;
(xi)
Order, in addition to, or in lieu of fines imposed or costs assessed, the Respondent to perform a reasonable term of community or public service;
(xii)
Order any Respondent to take corrective action in order to comply with the requirements of any City ordinance;
(xiii)
Waive any hearing costs and/or fines upon a finding of compliance for a violation of the City ordinance where that violation required the respondent to take corrective action to comply with the provisions of the violated ordinance.
(e)
Ordinance Enforcement Administrator. The Ordinance Enforcement Administrator shall either be an employee of the City or an independent contractor or agency contracted by the City to perform such duties as enumerated herein. The Ordinance Enforcement Administrator is hereby authorized, empowered and directed to:
(1)
Operate and manage, on a day-to-day basis, the system of administrative adjudication of ordinance violations as provided by this Section;
(2)
Adopt, distribute and process all notices as may be required under this Section or as may reasonably be required to carry out the stated purpose of this Section;
(3)
Collect moneys paid as fines, costs and/or penalties assessed after a determination of liability;
(4)
Certify copies of final determinations of vehicular standing, parking and motor vehicle compliance violation liability, motor vehicle license or sticker requirement violations, police, building, fire and health code violations or any other code or ordinance violation authorized to be adjudicated pursuant to subsection (b) and any make factual reports verifying the final determination of liability issued in accordance with this Section or laws of the State of Illinois, including 625 ILCS 5/11-208.3 as amended;
(5)
Certify reports to the Secretary of State of Illinois concerning initiation of suspension of driving privileges in accordance with the provisions of this Section and the provisions of 625 ILCS 5/6-306.5;
(6)
Promulgate rules and regulations reasonably required to operate and maintain the system of administrative adjudication hereby established; and
(7)
Collect unpaid fines and penalties including the use of private collection agencies that may be retained by the City or by directing the City Attorney to file complaints in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, or by selecting or appointing an individual or agency to act on behalf of the City in filing complaints, seeking judgments for unpaid fines, costs or penalties and pursuing all post-judgment remedies available under current law.
(f)
Computer Programs for the System of Administrative Adjudication. The Ordinance Enforcement Administrator is hereby further authorized, empowered and directed to operate and maintain computer programs for the system of administrative adjudication hereby established, on a day-to-day basis, including, but not limited to:
(1)
Inputting of violation notice information;
(2)
Establishing hearing dates and notice dates;
(3)
Designating ordinance violation notices that are "must appear" violations requiring the Respondent's appearance at a hearing;
(4)
Recording fines, costs and penalty assessments and payments;
(5)
Issuing payment receipts;
(6)
Issuing succeeding notices of hearing dates, determinations of liability, and/or final determinations of liability, issuing notices of vehicle immobilization, and issuing notices of impending driver's license suspension as may be required, in accordance with the provisions of the Illinois Vehicle Code;
(7)
keeping accurate records of appearances and non-appearances of parties at administrative hearings, pleas entered and fines, costs and other penalties assessed and paid.
(g)
Hearing Room Personnel. Hearing room personnel that may be necessary to maintain hearing room decorum shall be appointed by the Chief of Police and may include any police officer or auxiliary police officer, and such persons are hereby authorized and directed to:
(1)
Maintain hearing room decorum;
(2)
Have and execute authority as is granted to courtroom deputies of the Circuit Court; and
(3)
Perform such other duties or acts as may reasonably be required and as directed by the Administrative Hearing Officer or the Ordinance Enforcement Administrator.
(h)
Complaints; Notices of Hearings and Instituting Hearings.
(1)
A proceeding before the Administrative Hearing Officer shall be instituted upon the filing of a written sworn or verified notice of violation or complaint by any authorized official of the City, including police officers, community service officers and/or code enforcement officers, and such other persons as may be authorized to issue notices of violation of City ordinances.
(2)
Respondents shall be served with a copy of a written verified or sworn notice of violation or complaint setting forth a description of the violation sufficient for the Respondent to prepare a defense, along with, except as may otherwise be provided herein, a notice of adjudicatory hearing in any manner reasonably calculated to give Respondent(s) actual notice of the proceeding instituted against them including:
(i)
Personal service upon a party or its or their duly authorized agent(s); or
(ii)
Service by certified mail return receipt requested first class mail postage prepaid express mail, or overnight mail at the party's or party's duly authorized agent's address;
(iii)
Service by posting a copy of the sworn or verified pleading or complaint upon the property where the violation is found when the responding party is the owner or manager of the property; and
(iv)
In the case of a motor vehicle parking, standing and motor vehicle compliance violation, service of the violation notice shall be as provided in subsections (h)(i), (h)(ii) or (h)(iii) or by firmly affixing the notice of violation to the vehicle.
(3)
Notices of violation or complaint for the administrative adjudication hearing shall include:
(i)
The type and nature of the alleged violation to be adjudicated;
(ii)
The date, time and location of the adjudicatory hearing provided, however, hearings for motor vehicle parking, standing or compliance violations shall be scheduled only at the request of the Respondent;
(iii)
The legal authority and jurisdiction under which the hearing is to be held; and
(iv)
The penalties for failure to appear at the hearing for a violation of motor vehicle parking, standing or compliance violation, any penalty for late payment of a motor vehicle parking, standing or compliance violation, if a hearing is not requested by the Respondent (in those cases that are not "must appear"), and that payment of the fine shall act as a final disposition of the violation.
(i)
Administrative Hearing Procedures.
(1)
Hearings shall be scheduled with reasonable promptness, provided that for hearings scheduled in all non-emergency situations, if requested by the Respondent, the Respondent shall have at least fifteen (15) days after service of process to prepare for a hearing. "Non-emergency situation" shall be defined as any situation that does not reasonably constitute a threat to the public interest, safety, health or welfare, excluding motor vehicle parking, standing or compliance violations where hearings will be scheduled only upon request of the Respondent, if service of the notice of violation or complaint is provided by mail, the fifteen (15) day period shall begin to run on the day that the notice is deposited in the U.S. mail.
(2)
All hearings shall be open to the public and conducted before the City's Administrative Hearing Officer.
(3)
The City may be represented by the City Prosecutor or other designated employee of the City, but the City may not be represented by an employee of the Administrative Hearing Division.
(4)
Documentary evidence including the notice of violation, complaint and attached exhibits may be presented by the Administrative Hearing Officer.
(5)
Any attorney appearing on behalf of a Respondent shall file with the Administrative Hearing Officer a written appearance on a form provided by the Code Hearing Unit.
(6)
All testimony shall be given under oath or affirmation.
(7)
The formal and technical rules of evidence shall not apply in administrative hearings authorized under this chapter. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(8)
Parties shall be provided with an opportunity for a hearing during which they may be represented by counsel, present witnesses, and cross-examine opposing witnesses. Parties may request the Administrative Hearing Officer to issue subpoenas to direct the attendance and testimony of a relevant witness and/or for the production of relevant documents. Issuance of the subpoena shall be at the discretion of the Administrative Hearing Officer where it is determined the witness or documents are material and do not constitute a needless presentation of cumulative, irrelevant or repetitive evidence.
(9)
Continuances may be granted at the discretion of the Administrative Hearing Officer upon a finding of good cause, lack of preparedness shall not be deemed good cause.
(10)
Violations shall be established by proof by a preponderance of the evidence; however, the notice of violation, or a copy thereof, issued and signed or verified in accordance with subsection (h) shall be prima facie evidence of the correctness of the facts specified therein, provided the notice of violation correctly sets forth the necessary elements of the offense alleged.
(11)
Upon the conclusion of a hearing, the Administrative Hearing Officer shall issue a final determination of liable or not liable. Upon issuance of a determination of liable, the Administrative Hearing Officer may impose penalties and/or fines that are consistent with applicable provisions of this Code, including the imposition of minimum mandatory fines for those violations set forth in subsection (i)(15), impose a term of community or public service, assess costs as herein provided and, if applicable, order the respondent to immediately correct the violation or otherwise comply with the ordinance violated.
(j)
Judicial Review. Any final decision by an Administrative Hearing Officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review and the Hearing Officer's decision shall be subject to review under the Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.).
(k)
Enforcement of Judgment.
(1)
Any fine, other monetary sanction or cost imposed, or part of any fine, other monetary sanction, or cost imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Illinois Administrative Review Law is a debt due and owing the City of Elmhurst and may be collected in accordance with applicable law.
(2)
After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought unless, stayed by a court of competent jurisdiction, the findings, decision, and order of the Administrative Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(3)
In any case in which a Respondent has failed to comply with a judgment ordering that Respondent to correct an ordinance violation or imposing any fine or other sanction as a result of an ordinance violation, any expenses incurred by the City to enforce the judgment entered against that defendant, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or hearing officer, shall be a debt due and owing the City of Elmhurst and may be collected in accordance with applicable law. Prior to any expenses being fixed by the Administrative Hearing Officer pursuant to this subsection (k), the City shall provide a notice to the Respondent that states that the Respondent shall appear at a hearing before the Administrative Hearing Officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such hearing, which shall not be less than seven days from the date that notice is served. Notice of the hearing shall be served as provided by subsection (h).
(4)
Upon being recorded in the manner required by Article XII of the Illinois Code of Civil Procedure (735 ILCS 5/12-101 et seq.), or by the Uniform Commercial Code (810 ILCS 5/1-101 et seq.), a lien shall be imposed on the real estate or personal estate, or both, of the Respondent in the amount of any debt due and owing the City under this Section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
(5)
The Administrative Hearing Officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed by the Respondent within thirty (30) days after the issuance of the order of default, if the Administrative Hearing Officer determines that the Respondent's failure to appear at the hearing was for good cause, or at any time if the Respondent establishes, by a preponderance of the evidence, that the City did not provide proper service of process for the notice of violation or complaint. If any judgment is set aside pursuant to this subsection (k)(5), the Administrative Hearing Officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the City as a result of the vacated default judgment. When a judgment is vacated, the Administrative Hearing Officer shall set a new date for a hearing on the merits of the underlying violation(s).
(l)
Bond.
(1)
Any person issuing a Violation Notice or Complaint alleging a violation of any City ordinance or Code provision, listed in subsection (b), excluding violations of regulations related to motor vehicle standing, parking and motor vehicle compliance violations, may require the Respondent to post a bond at the time the Violation Notice or Complaint is served, if the Violation Notice or Complaint is served personally upon the Respondent.
(2)
Where bond is requested to be posted, the bond shall be in the form of cash or a cash bond. For purposes of this subsection (l) "cash or cash bond" shall mean United States currency; traveler's checks issued by major banks or express companies which, alone or in combination with currency totaling the exact amount required to be deposited as bond; and negotiable drafts on major credit card companies, under conditions approved by the Chief of Police or his designee.
(3)
Bond shall be in the sum of one hundred dollars ($100.00).
(4)
Exception: no bond shall be requested or taken if the violation charged is a motor vehicle standing, parking or motor vehicle compliance violation.
(5)
Persons unable or unwilling to post bond as required by this subsection (l) shall be released without incarceration.
(6)
Any Bond posted shall, upon a finding of liability for the offense charged, be forfeited to the City in satisfaction of all or a portion of any fine imposed for such violation.
(m)
Additional Procedures and Notices Required for Motor Vehicle Standing, Stopping and Motor Vehicle Compliance Violations and Vehicle Immobilization.
(1)
Definitions. The following terms shall be defined as follows:
(i)
"Compliance violation" means a violation of a City of Elmhurst regulation governing the condition or use of equipment on a motor vehicle or governing the display of a municipal wheel tax license.
(2)
The vehicular standing, parking, and motor vehicle compliance regulation "violation notice" shall contain, but shall not be limited to, the following information:
a)
The date, time and place of the violation (date of issuance).
b)
The particular vehicular standing, parking, or compliance regulation violated, including the City Code section of the violation and sufficient description of the violation to inform the violator of the offense and thereby afford the violator an opportunity to defend against the violation.
c)
The fine and any penalty that may be assessed for late payment (no late payment will be assessed to any person who requests a hearing in a timely manner).
d)
The signature and identification or badge number of the person issuing the notice.
e)
A section entitled "request for hearing" which shall clearly set forth that the registered owner or lessee of the vehicle may request an opportunity for a hearing.
(3)
Service of the violation notice shall be as provided by subsection (h).
(4)
The correctness of facts contained in the vehicular standing, parking, or compliance regulation violation notice shall be certified by the person issuing said notice by signing his/her name to the notice at the time of service; or
(5)
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 of the City.
(6)
Prima facie evidence of correctness. Any violation notice issued, signed and properly served in accordance with this subsection (m), 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. The violation notice or a copy of the notice shall be admissible in any subsequent administrative or legal proceeding.
(7)
Request of Hearing Procedure.
The registered owner or lessee of a motor vehicle served with a vehicular standing, parking, or compliance regulation violation notice may contest the alleged violation on its merits in person if, within fourteen (14) days of service of the violation notice, the owner or lessee of the motor vehicle requests a hearing date be scheduled or, in the alternative, the owner or lessee of the motor vehicle may contest the validity of the violation by mail within fourteen (14) days of the service of the violation notice as provided in subsection (m)(7)(ii).
The Ordinance Enforcement Administrator shall provide the registered owner or lessee of a vehicle cited in the violation notice requesting a hearing with the following:
(i)
In-Person Administrative Hearing Option.
a)
The date, time and place of an administrative hearing at which the violation may be contested on its merits.
b)
That payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation.
c)
The request of hearing shall be deemed filed upon receipt by the Ordinance Enforcement Administrator.
(ii)
Mail-In Administrative Hearing Option.
a)
Signing a Mail-In Administrative Hearing Option request form and acknowledging that their personal appearance is waived and that they submit to adjudication based upon the notarized statement and any other relevant evidence submitted by them in defense of the violation filed by them and the facts contained in the violation notice.
b)
Filing with the Ordinance Enforcement Administrator, the Mail-In Administrative Hearing Option Request Form fully completed and postmarked within ten (10) days of issuance of the violation notice. The request shall be deemed filed upon receipt by the Ordinance Enforcement Administrator.
c)
The hearing officer shall make a decision of liable or not liable based upon a review of the facts set forth in the notarized statement of facts filed by the registered owner or lessee of a vehicle as well as the factual allegations contained in the violation notice.
d)
Notice of the hearing officer's determination shall be served upon the registered owner or lessee of a vehicle by first class mail, postage prepaid, addressed to the registered owner or lessee of a vehicle at the address set forth in the statement of facts submitted and service of the notice shall be complete on the date the notice is placed in the United States mail.
(8)
Additional notices.
(i)
If the registered owner or lessee of the "cited vehicle" fails to appear at the administrative hearing on the date set for hearing, the Ordinance Enforcement Administrator shall send or cause to be sent additional notices which:
a)
Shall be sent to registered owner or lessee of the "cited vehicle" at the address as is recorded with the Secretary of State or 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.
(ii)
All such additional notices shall be sent by first class mail, postage prepaid, and service of additional notices shall be complete as of the date of deposit in the United States mail.
(iii)
Additional notices shall be sent in the following sequence and shall at a minimum contain the following information:
a)
Upon the failure of the registered owner or lessee of the "cited vehicle" to appear at the scheduled requested hearing and additional notices shall be sent and shall contain, but not be limited to, the following information:
i)
Date and location of violation cited in the vehicular standing, parking, or compliance regulation violation notice;
ii)
Particular standing, parking, or compliance regulation violated, including code section and description of violation sufficient to allow owner or lessee to understand the offense and to prepare a defense;
iii)
Vehicle make and state registration;
iv)
Fine and any penalty that may be assessed for late payment or failure to appear at a rescheduled hearing or failure to timely request a Mail-In Administrative Hearing;
v)
Notice to the registered owner or lessee of the current status, other than paid in full;
vi)
Date, time and place of the rescheduled administrative hearing at which the owner or lessee may contest the violation notice on its merits;
vii)
Failure to either pay fine and any applicable late payment penalty or failure to appear at the rescheduled hearing on its merits on the date and at the time and place specified will result in a final determination of violation liability in the amount of the fine and late payment penalty indicated; and
viii)
Statement that upon the entry of a final determination of liability for the failure to appear, or the failure to exhaust available administrative or judicial procedures for review, any remaining unpaid fine and/or late payment penalty will constitute a debt due and owing the City.
(iv)
A notice of final determination of motor vehicle standing, parking, or compliance regulation violation liability shall be sent following a final determination of liability and the conclusion of judicial review procedures as hereinafter set forth. The notice shall state that:
a)
The unpaid fine and any late penalty assessed is a debt due and owing the City;
b)
A warning that failure to pay the fine and any late penalty due and owing the City within the time specified may result in the City filing a complaint in the circuit court to have the unpaid fine or penalty rendered a judgment in accordance with 625 ILCS 5/11-208.3(f); and
c)
The vehicle may be impounded for failure to pay fines or penalties after a final determination of liability for ten (10) or more vehicular standing, parking, or compliance regulation violations, and for failure to pay fines or penalties for those ten (10) or more such violations.
(v)
Final Determination of Liability.
A final determination of vehicular standing, parking, or compliance regulation violation liability shall:
(a)
Occur following the failure to pay the total assessed fine and/or penalty after the hearing officer's determination of vehicular standing, parking, or compliance regulation violation liability and the exhaustion of or the failure to exhaust any judicial review procedures; or
(b)
Where the owner or lessee fails to appear at a prior hearing or by the third and final administrative hearing (provided proper notice has been given), the hearing officer's determination of liability shall become final:
i)
Upon denial of a timely petition to set aside the determination of liability; or
ii)
Upon the expiration of the period for filing petition to set aside a final determination of liability without such filing having been made.
(9)
Illinois Compiled Statues Governing the Standing, Parking, or Condition of Vehicles-Adopted.
The City of Elmhurst, in addition to all local municipal standing, parking and motor vehicle compliance regulations adopts by reference all current and future provisions of the Illinois Vehicle Code (625 ILCS 5/1-1 et seq.) governing the standing, parking, or motor vehicle compliance regulations, for its enforcement and adjudication within the corporate boundaries of the City and in those areas subject to off-street parking agreements.
(10)
Immobilization/Towing and Impoundment.
Any motor vehicle may be immobilized or towed and impounded if:
(i)
The Ordinance Enforcement Administrator has determined that the registered owner of the motor vehicle has ten (10) or more final determinations of liable for vehicular standing, parking, or compliance regulation violations, the fines and penalties for which remain unpaid;
(ii)
The person determined to be liable for the ten (10) or more violations is the registered owner of a motor vehicle that is located upon any public roadway within the corporate limits of the City of Elmhurst at the time of immobilization, impoundment or towing; and
(iii)
A pretowing notice has been sent to the registered owner of the motor vehicle which notice contains the following:
a)
Final determinations of liability have been made on ten (10) or more vehicular standing, parking, or compliance regulation violations, the fines and penalties for which remain unpaid;
b)
A list of the violations for which the person has been determined to be liable, which shall include for each violation:
i)
The vehicular standing, parking, or compliance regulation violation notice number.
ii)
Date of issuance.
iii)
Total amount of fine and penalty assessed.
iv)
The motor vehicles owned by the person and located within the City is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within fourteen (14) days of the date of the notice.
v)
The registered owner may contest the validity of the notice by fully completing and signing the "request for hearing" portion of one notice and by filing the request for hearing with the Ordinance Enforcement Administrator within, but not later than fourteen (14) days of the date of the notice.
vi)
The request for hearing shall be deemed filed upon receipt by the Ordinance Enforcement Administrator.
(iv)
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 no timely request for hearing has been filed with the Ordinance Enforcement Administrator to contest the validity of the notice.
(11)
Impoundment or Pre-Towing Hearing. Upon the receipt of the request for hearing to contest the validity of the notice of impending immobilization or towing and impoundment, the Ordinance Enforcement Administrator shall schedule an administrative hearing whereby the registered owner of the vehicle may contest the validity of said notice, by disproving liability for the unpaid final determinations of liability listed on the notice. The hearing shall be scheduled on the next available hearing date, if practicable, but in no event shall the hearing be scheduled later than sixty (60) days after the request for hearing is filed.
(i)
The Ordinance Enforcement Administrator shall serve notice of the hearing date upon the registered owner by first class mail, postage prepaid to the address on the request for hearing; and
(ii)
Service of the notice shall be complete on the date it is placed in the United States mail.
(12)
Post-Towing Hearing. The registered owner of a vehicle already immobilized or towed and impounded pursuant to this Section, shall have the right to a prompt administrative hearing without the requirement of payment of the outstanding fines and penalties for which final determination has been made.
(i)
The Ordinance Enforcement Administrator shall serve a post-towing hearing notice upon the registered owner of a vehicle immobilized or towed and impounded and the notice shall contain the following information:
a)
Date of immobilization or towing and date of impoundment.
b)
Location of vehicle.
c)
That the vehicle was immobilized under this Section for nonpayment of fines or penalties assessed for ten (10) or more violations of vehicular standing, parking, or compliance regulations violations for which there has been a final determination of liability and for which the owner was previously notified of impending immobilization or towing and impoundment.
d)
Date of notice of impending immobilization or towing and impoundment.
e)
The registered owner may contest the validity of the immobilization or towing and impoundment by completing and signing the "request for hearing" portion of the notice and filing the request for hearing with the Ordinance Enforcement Administrator within fourteen (14) days of the date of the notice.
(ii)
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 available hearing date, if practicable, or sooner if scheduled by the Ordinance Enforcement Administrator for good cause shown, but in no case shall the hearing be scheduled later than sixty (60) days after the request for hearing is filed.
a)
The Ordinance Enforcement Administrator shall serve notice of the hearing date upon the registered owner.
b)
Notice shall be sent by first class mail, postage prepaid to the address as is set forth on the request for hearing and service of the notice shall be complete on the date it is placed in the United States mail.
(iii)
An order entered after the hearing to contest the validity of the immobilization or towing and impoundment is a final administrative decision within the meaning of 735 ILCS 5/3-101 et seq.
(13)
Release of Impounded Vehicle. Any motor vehicle impounded pursuant to this Section shall be released to its registered owner or agent, upon payment of the fines and penalties due and owing the City as specified in the notice plus the payment of towing charges and accrued daily impound charges. Notwithstanding the foregoing, a vehicle may be released upon written order of the hearing officer following a hearing contesting the validity of the impoundment.
(14)
Judgment.
(i)
The Ordinance Enforcement Administrator shall, following the expiration of the period within which administrative or judicial review may be sought for a final determination of violation, take all necessary action, execute all required documents and direct the City attorney or City prosecutor to obtain a judgment against and collect moneys from the person who has been assessed fines or penalties which remain unpaid and have become a debt due and owing the City by:
a)
Filing a complaint in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois praying for the entry of a judgment against the person(s) for whom a final determination of liability has been made.
b)
The complaint filed on behalf of the City shall have attached as exhibits:
i)
A certified copy of a final determination of the standing, parking, or compliance regulation violations, and
ii)
A certification that recites facts sufficient to show that the final determination of standing, parking, or compliance regulation violations were issued in accordance with this Section and 625 ILCS 5/11-208.3.
c)
Nothing herein shall prevent the City from consolidating multiple final determinations of standing, parking, or compliance regulation violations liability in an action against an individual.
(iii)
Service of summons and a copy of the complaint may be served upon the person against whom a judgment is sought under the provisions of this Section by any method provided under 735 ILCS 5/2-203, or by certified mail, return receipt requested, provided the total amount of fines and penalties levied does not exceed two thousand five hundred dollars ($2,500.00).
(15)
Minimum Mandatory Fines for Certain Violations.
(a)
Contrary provisions of this Code notwithstanding the following minimum mandatory fine schedule shall be applied to those ordinance violations after a finding of liable:
Tier I — minimum mandatory fine twenty-five dollars ($25.00)
Tier II — minimum mandatory fine seventy-five dollars ($75.00)
Tier III — minimum mandatory fine one hundred dollars ($100.00)
Tier IV — minimum mandatory fine two hundred fifty dollars ($250.00)
(b)
Tier Offenses.
Tier I — $25.00 Tier II — $75.00 Nuisance — Chapter 12 Motor Vehicle Compliance Violation — Chapter 44.230 12.02(b) Dumping Trash 3-413(a) No Front/Rear Registration Plate 12.02(f) Commercial Vehicle, Residential 3-413(b) Improper Display Registration 12.02(h) Nuisance Barking Dog 3-413(f) Expired Registration 12.02(i) Junk/Inoperable Vehicle 11-1406 Obstructed View 12.11 Nuisance Loud Noise 11-1407 Unsafe Door Opening 12.12 Unnecessary Noise 11-1410 Coasting 12.12(a) Unnecessary Horn 11-1411 Following Fire Apparatus 12.12(b) Nuisance Loud Music 11-1419.1 No Trip Permit 12.12(g) Loud Auto Muffler 12-101 Unsafe Vehicle Equipment 12-201(a) No Lamp, Motorcycle Animal Control — Chapter 13 12-201(b) No Lights When Required 13.1(a) No Dog/Cat License 12-201(b) No Taillight, Motorcycle 13.11(e) No Rabies Tag 12-201(b) One Red Taillight 13.21(g) Barking Dog 12-201(c) No Rear Plate Light 13.21(j) Dog At Large 12-202 No Trust Marker Lites 13.21(o) More than 4 Dogs/Cats 12-204 Lamp. Flag on Load 13.21(s) Fail Collect Excrement 12-205.1 Towed Vehicle Lights 13.22(j) Unattended Pet in Motor Vehicle 12-401 Illegal or Unsafe Tire(s) 12-502 Mirrors Required Vehicle Licenses — Chapter 41 12-503(a) Tinted Windows 41.07(a) No License Displayed 12-503(c) Obstructed Windshield (May = $25.00, June—April = $50.00) 12-503(d) Obstructed Windows 12-503(e) Defective Windshield 12-601 Improper Use of Horn Vehicle Parking — Chapter 44 12-602 Loud Muffler 44,101 Parking Snow Removal 12-702 Truck Safety Equipment 44.102 Fire Property Parking 12-703 Dripping Oil on Highway 44.103 3—6 a.m. Parking 12-710 Rear Splash Guards 44.104 Parking in Alleys 13-101 No Safety Test Sticker 44.105 Parking Cab/Bus Stand 15-102 Improper Vehicle Width 44.106 For Purposes of Sale 15-103 Improper Vehicle Height 44.107 Unattended Motor Vehicle 15-107 Improper Vehicle Length 44.108 Parking on Travel Lane 15-109.1 Truck Spill/Drop Mat 44.109 Park on Private Property 44.116(a) Wrong Way Parking 44.116(b) Improper Parked, Space 44.118 Removed Tire Marking 44.119.1 Parked on Sidewalk 44.119.2 Blocking Driveway 44.119.3 Parked in Intersection 44.119.5 Parked in Crosswalk 44.119.6 Within 20 ft. Crosswalk 44.119.7 Within 30 ft. Traffic Device 44.119.8 Within 30 ft. Safety Zone 44.119.9 Within 50 ft. RR Crossing 44.119.11 Opposite Street Construction 44.119.12 Road Side Next to Curb 44.119.13 On Bridge/Tunnel 44.119.14 Where Prohibited/Sign 44.119.15 Parked on Front Yard 44/119.16 Parking on Parkway 44.119.17 Parking — Fire Lane 44.119.18 Parked-Yellow Curb 44.121 Overtime Parking 44.125 Library Parking 2.5 hrs. 44.126 Commercial Vehicle/Residential Area 44.137 No Parking Pass/Residential Lots 44.142 Parked Obstructing Traffic 44.230 5/11-1304.5 Parked Expired Registration Seat Belts — Chapter 44.230 44.230 5/12-603 Seat Belt Required Chapter 51 51.13 Skateboarding Prohibited Tier III — $100.00 Tier IV — $250.00 Construction — Chapter 24 Liquor — Chapter 36 24.05(b) 26H Mud on Street 36.22(a) Sale of Liquor to Minor 24.05(b) 26P Violate Construction Hours 36.23(b) False Use of Identification 36.30 Minor on Licensed Premises Alarm Permits — Chapter 26 36.36(a) Possession or Consumption of Alcohol by a Minor 25.32(d) Excess of 4 False Alarms 36.36(b) Delivery Alcohol to Minor 26.32(e) No Alarm Permit Vehicle Parking — Chapter 44 Business Licensing — Chapter 31 44.124 Illegal Handicapped Parking 31.172 No Transient Merchant 31.221 Scavenging without License Offenses — Chapter 51 31.241 Soliciting without License 51.01 Disorderly Conduct b(1) through b(20) 31.247 Violate Soliciting Hours 51.02 Truancy 31.252 No Taxi Vehicle License 51.03 Unlawful Communications 31.253 No Taxi Driver Permit 51.04 Assault 31.283 Sale of Tobacco/Minor 51.05 Battery 31.286 Possession Tobacco/Minor 51.06 Loitering 51.07 Loitering on Streets Liquor in Public — Chapter 36 51.08 Loitering or Prowling 36.39(a) Possession Liquor on Public Way 51.09 Use of Camera Phones 36.39(b) Open Liquor/Vehicle 51.11 Fireworks 51.12 Gaming in Streets Offenses — Chapter 51 51.14 Air Rifles 51.45 Curfew 51.16 Slingshots 51.17 Dangerous Missiles 51.18 Discharging Firearms 51.19 Firearms to Minors 51.20 Concealed Weapons 51.21 Brandishing Firearms 51.23 Theft 51.23A Retail Theft 51.24 Burglar's Tools 51.25 Graffiti 51.26 Injuring Property 51.27 Defacing City Books 51.28 Junk Shops 51.29 Beekeeping Prohibited 51.34 Indecent Entertainment 51.36 Injuring Advertisements 51.37 Posting Advertisements 51.40 Keeping of a Gambling Place 51.41 Gambling 51.41.1 Video Gaming 51.42 Gambling Devices 51.44 Importing Gambling 51.46 Trespass 51.47 Obscenity 51.48 Delivering Wagers 51.50 Vandalism 51.53 Possession of Cannabis 51.54 Contributing to the Delinquency of a Child 51.59 Storage of Explosives 51.60 Use of Explosives
(Ord. 19-2009, § 2; Ord. 04-2010, § 2; Ord. No. 17-2014, § 2, 11-3-2014)