O-95-07 10/22/2007VILLAGE OF LEMONT
ORDINANCE NO. d ` 07
AN ORDINANCE ADDING TITLE 4 TO THE MUNICIPAL CODE OF THE VILLAGE
OF LEMONT IN REGARD TO THE ADMINISTRATIVE ADJUDICATION OF
MUNICIPAL CODE VIOLATIONS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 22ND DAY OF OCTOBER, 2007.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this 22°d
day of October, 2007
ORDINANCE NO.Q-0-7
AN ORDINANCE ADDING TITLE 4 TO THE MUNICIPAL CODE OF THE VILLAGE
OF LEMONT IN REGARD TO THE ADMINISTRATIVE ADJUDICATION OF
MUNICIPAL CODE VIOLATIONS
BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Lemont,
County of Cook, State of Illinois, as follows:
Section 1: The Lemont Municipal Code is hereby amended by adding the following
new Title IV thereto which shall read in its entirety as follows:
TITLE IV: ORDINANCE ENFORCEMENT THROUGH ADMINISTRATIVE
ADJUDICATION OF MUNICIPAL CODE VIOLATIONS
4.01. Purpose: The stated purpose of this section is to provide a method for fairly and
efficiently enforcing the Village's municipal ordinances, including the Building Code, as
may be allowed by law through an administrative adjudication of violations of the
Village's municipal ordinances, including the Building Code, and establishing a schedule
of fines and penalties and authority for collection of unpaid fines and penalties.
4.02. Adoption: To accomplish the foregoing purpose, Division 2.2 of Article I of the Illinois
Municipal Code (65 ILCS 5/1-2.2-1 et seq.) and Division 31.1 of Article I of the Illinois
Municipal Code (65 ILCS 5/11-31.1-1 et seq.) are hereby adopted in their current forms
and as the may be amended from time to time for adjudication of municipal ordinance
violations, including Building Code violations, to the extent permitted by the Illinois
constitution.
4.03. Code: As used in this section, unless the context requires otherwise, Code means any
Village ordinance, including any ordinance, law, housing or building code or zoning
ordinance that establishes construction, plumbing, heating, electrical, fire prevention,
sanitation or other health and safety standards that are applicable to structures in the
Village or any Village ordinance that requires, after notice, the cutting of weeds, the
removal of garbage and debris, the removal of inoperable vehicles or the abatement of
nuisances from private property, except for any offense under the Illinois Vehicle Code
(adopted by the village under Title 10 of the Code) or a similar offense that is a traffic
regulation governing the movement of vehicles and except for a reportable offense under
section 6-204 of the Illinois Vehicle Code (625 ILCS 5/6-204).
4.04. Establishment of Code Hearing Department: There is hereby established the Village
Ordinance Enforcement Department, an executive department of the municipal
government, which shall function as a code hearing department and have the power to
enforce compliance with all municipal ordinances, including the Building Code, as from
time to time authorized by the Village Board.
4.05 Function and Jurisdiction:
1. The function of the Ordinance Enforcement Department is to expedite the
prosecution and correction of municipal ordinance violations, including Building
Code violations, in the manner set forth herein.
2. Under this section, the Ordinance Enforcement Department may adjudicate any
violation of a municipal ordinance, including the Building Code, except for any
offense under the Illinois Vehicle Code (adopted by the village under Title 10 of
the Code) or 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 5/6-204).
4.06 Organization and Composition: The Ordinance Enforcement Department shall be
composed of Hearing Officers, appointed by the Mayor with the advice and consent of
the Board of Trustees, an Ordinance Enforcement Administrator, a System Coordinator,
and hearing room personnel, all appointed by the Village Administrator or his or her
designee, with the power and authority as hereinafter set forth:
"Hearing Officer" means a municipal employee or an officer or agent of the
Village, other than a law enforcement officer, whose duty it is to:
a. preside at an administrative hearing called to determine whether or not a
code violation exists;
b. hear testimony and accept evidence from all interested parties relevant to
the existence of a code violation;
C. preserve and authenticate the transcript and record of the hearing and all
exhibits and evidence introduced at the hearing; and
d. issue and sign a written finding, decision, and order stating whether a code
violation exists.
e. impose penalties, sanctions or such other relief consistent with applicable
ordinance 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 impose a penalty of incarceration.
Hearing Officer Qualifications: Prior to conducting proceedings under this
section, the Hearing Officer shall successfully complete a formal training program
that includes the following:
a. instruction on the rules of procedure of the hearing that they will conduct;
b. orientation to each subject area of the code violations that they will
administer;
C. observation of administrative hearings; and
d. 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 (3) years.
The Ordinance Enforcement Administrator is authorized and directed to:
a. operate and manage the system of administrative adjudication of Village
ordinance violations as may be permitted by law and directed by
ordinance;
b. promulgate such rules and regulations reasonably required to operate and
maintain such system;
C. supervise the distribution and processing of notices as may be required
under this section or as may be reasonably required to carry out the
purpose of this section;
d. supervise the collection of moneys paid as fines and/or penalties assessed
after a final determination of liability;
e. pursue all post judgment remedies available by law.
4. The System Coordinator is hereby authorized and directed to operate and
maintain the computer programs for the administrative adjudication system of the
ordinance enforcement department hereby created, on a day-to-day basis,
including but not limited to:
a. input of ordinance violation notice information;
b. establishing court dates and notice dates;
C. record determination of liability, fine and penalty assessment and
payments;
d. issue payment receipts;
e. issue succeeding notice of hearing dates and/or final determination of
liability as directed by the Ordinance Enforcement Administrator in
accordance with the provisions hereinafter set forth;
f. 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;
g. collect unpaid fines and penalties and direct the pursuit of all post-
judgment remedies available by law; and
h. perform such other duties as directed by the Village Administrator or
Ordinance Enforcement Administrator.
5. The hearing room personnel shall be qualified off-duty, full-time, part-time or
auxiliary police officers who are hereby authorized and directed to:
a. maintain hearing room decorum;
b. have and execute authority as is granted to courtroom deputies of the
Circuit Court; and
c. perform such other duties or acts as may reasonably be required and as
directed by the Hearing Officer or Ordinance Enforcement Administrator.
4.07. Hearing Procedures Not Exclusive: This section does not preclude the Village from using
other methods to enforce the provisions of its Municipal Code, including its Building
Code.
4.08. Code Enforcement Procedures:
When a full-time, part-time or auxiliary police officer, community service officer,
code enforcement officer or inspector, or other individual specifically authorized
by any Village official or Village department to issue a code violation notice finds
a code violation to exist, he or she shall note the violation on a multiple copy
violation notice and report form that shall include but shall not be limited to:
a. the name and address of the party violating the ordinance, if known;
b. the type and nature of the violation;
C. the date and time the violation was observed;
d. the names of the witnesses of the violation;
e. the fine and penalty which may be assessed for late payment;
f. the signature and identification number of the person issuing the notice;
g. the date and location of the adjudication hearing of ordinance violations;
h. the legal authority and jurisdiction under which the hearing is to be held
and the penalties for failure to appear a the hearing; and
i. in the case of a Building Code violation, the address of the property where
the violation is observed.
The correctness of facts contained in any ordinance violation notice shall be
verified by the person issuing the notice by:
a. signing his/her name to the notice at the time of issuance; or
b. in the case of a notice produced by a computer, signing a single certificate,
to be kept by the Ordinance Enforcement Administrator, attesting to the
correctness of all notices produced by the computer while under his/her
control.
The violation report form shall be forwarded to the Ordinance Enforcement
Department where a docket number shall be stamped on all copies of the report
and a hearing date shall be noted in the blank spaces provided for that purpose on
the form.
The hearing date shall not be less than thirty (30) nor more than forty (40) days
after the violation is reported.
One copy of the violation report form shall be maintained in the files of the
Ordinance Enforcement Department and shall be part of the record of hearing.
6. One copy of the report form shall be returned to the individual representing the
Village in the case so that he or she may prepare evidence of the code violation
for presentation at the hearing on the date indicated.
7. One copy of the report form shall be served by first class mail to the alleged
violator along with a summons commanding the alleged violator to appear at the
hearing.
8. In the case of a Building Code violation only, if the Village has an ordinance
requiring property owners, meaning the legal or beneficial owner(s) of a structure,
to register with it, service may be made on the owner by mailing the report and
summons to the property owner's address registered with the Village.
9. In the case of a Building Code violation only, if the name of the property owner
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 violation report
form on the front door of the structure where the violation is found, not less than
20 days before the hearing is scheduled.
10. Any ordinance 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 and shall be
admissible in any subsequent administrative or legal proceeding.
4.09. Retaliation Against Occupants Prohibited: In the case of a Building Code violation only,
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 Building Code violation
hearing.
4.10. Subpoenas: At anytime prior to the hearing date, the Hearing Officer assigned to hear the
case may, at the request of either party, direct witnesses to appear and give testimony at
the hearing.
4.11. Representation at Code Hearings: The case for the Village may be presented by an
attorney designated by the Village or by any other Village employee, except that the case
for the Village shall not be presented by an employee of the Ordinance Enforcement
Department. The case for the alleged violator may be presented by the alleged violator,
his or her attorney, or any other agent or representative of the alleged violator.
4.12. Continuances: No continuances shall be authorized by the Hearing Officer in proceedings
under this section except in cases where a continuance is absolutely necessary to protect
the rights of the alleged violator. Lack of preparation shall not be grounds for a
continuance. Any continuance authorized by a Hearing Officer under this section shall
not exceed 25 days.
4.13. Hearing: At the hearing, the Hearing Officer shall preside, hear testimony and accept any
evidence relevant to the existence or nonexistence of a code violation.
4.14. Evidence: With regard to testimony heard and evidence presented, the strict rules of
evidence applicable to judicial proceedings shall not apply to hearings authorized by this
section.
4.15. Defenses to Building Code Violations: In the case of a Building Code violation only, it
shall be a defense to a Building Code violation charge under this section if the owner, his
attorney, or any other agent or representative proves to the Hearing Officer's satisfaction
that:
the Building Code violation alleged in the notice does not in fact exist, or at the
time of he hearing the violation has been remedied or removed;
2. the Building Code violation has been caused by the current property occupants
and that in spite of reasonable attempts by the property owner to maintain the
dwelling free of such violations, the current occupants continue to cause the
Building Code violations; or
3. an occupant or resident of the dwelling has refused entry to the owner or his agent
to all or a part of the dwelling for the purpose of correcting the Building Code
violation.
4.16. Default:
If on the dates set for the hearing the alleged violator or his or her attorney or
designee fails to appear, the Hearing Officer may find the alleged violator in
default and shall proceed with the hearing and accept evidence relevant to the
existence of a code violation.
2. Upon finding the alleged violation in default, the Ordinance Enforcement
Administrator shall send or cause to be sent notices by first class mail, postage
prepaid to the violator who receive the notice of an ordinance violation. Service
of notices sent in accordance herewith shall be complete as of the date of deposit
in the United States mail.
4.17. 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 or not a code
violation exists.
2. The determination shall be in writing and shall be designated as findings,
decision and order.
The findings, decision and order shall include:
a. the Hearing Officer's findings of fact;
b. a decision of whether or not a code violation exists based upon the
findings of fact;
C. in the case of a Municipal Code violation only, an order that states the
sanction or dismisses the case if a Municipal Code violation is not proved.
d. in the case of a Building Code violation only, an order ordering the owner
to correct the Building Code violation or dismissing the case if a Building
Code violation is not proved; and
e. in the case of a Building Code violation only, if a Building Code violation
is proved, the order may also impose the sanctions that are provided in the
Building Code for the Building Code violation proved.
4. In the case of a Municipal Code violation only, a monetary sanction for a
Municipal Code violation under this section shall not exceed the amount provided
for in section 1-2-1 of the Municipal Code (65 ILCS 5/1-2.2-45), currently
$750.00.
5. A copy of any findings, decisions, or orders shall be served on the alleged violator
within five (5) days after it is issued.
6. Service shall be in the same manner that the report form and summons are served
under subsection 4.08(7) hereof, namely via first class mail.
Payment of any penalty or fine and the disposition of any fine money shall be in
the manner as set forth in the Village code.
4.18. Order and Sanction Attach to Property: In the case of a Building Code violation only, the
order to correct a Building Code violation and the sanctions imposed by the Village as
the result of a finding of a Building Code violation under this section shall attach to the
property as well as to the property owner so that a finding of a Building 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 under this article.
4.19. Administrative Review: The findings, decision and order of the Hearing Officer shall be
subject to review in the Circuit Court of Cook County. The provisions of the
Administrative Review Law (735 ILCS 5/3-101 et seq.) and the rules adopted pursuant
thereto, shall apply to and govern every action for the judicial review of the findings,
decisions, and order of a Hearing Officer under this section.
4.20. Judgment On Findings, Decision And Order:
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 Administrative Review Law (735 ILLS 5/3-
101 et seq.) shall be a debt due and owing the Village and, as such, may be
collected in accordance with applicable law.
2. After expiration of the period within which judicial review under the
Administrative Review Law (735 ILCS 5/3-101 et seq.) may be sought for a final
determination of the code violation, the Village may commence a proceeding in
the Circuit Court of Cook County for the purpose of obtaining a judgment on the
findings, decision and order. Nothing in this section shall prevent the Village
from consolidating multiple findings, decisions, and orders against a person in
such a proceeding.
3. Upon commencement of the action, the Village shall file a certified copy of the
findings, decision, and order, which shall be accompanied by a certification that
recites facts sufficient to show that the findings, decision, and order was issued in
accordance with this section and the applicable municipal ordinances.
4. Service of the summons and a copy of the petition may be by any method
provided for by section 2-203 of the Code of Civil Procedure (735 ILCS 5/2-203),
or by certified mail, return receipt requested, provided that the total amount of
fines, other sanctions, and costs imposed by the findings, decision, and order does
not exceed $2,500.00.
5. If the court is satisfied that the findings, decision and order was entered in
accordance with the requirements of this section and the applicable municipal
ordinances and that the alleged violator had an opportunity for a hearing under
this section and for judicial review as provided in this section:
a. The court shall render judgment in favor of the Village and against the
violator for the amount indicated in the findings, decision, and order, plus
costs. The judgment shall have the same effect and may be enforced in the
same manner as other judgments for the recovery of money.
b. The court may also issue any other orders and injunctions that are
requested by the Village to enforce the order of the Hearing Officer to
correct a code violation.
4.21. Impact On Other Administrative Adjudication Systems: This section shall not affect the
validity of systems of administrative adjudication authorized by State law and adopted by
the Village.
Section 2: This Ordinance shall become effective ten (10) days after publication.
Section 3: Any and all Ordinances, section or subsections of Ordinances in conflict
herewith are herby repealed.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE
COUNTIES ILLINOIS on this ZZ6A Day of oc „?_, 2007.
1Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
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4/10
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V
, Village Clerk