HomeMy WebLinkAboutORDINANCES-2000-070-O-00G
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07/06/2000
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AN ORDINANCE
Amending Title I, Chapter 4 To Increase The
Maximum Penalty For Ordinance Violations and
To Amend Certain Other Provisions
Regarding Administrative Adjudication
WHEREAS, 65 ILCS 5/1-2-1 provides for a $750 maximum fine or penalty in
ordinance violations and for a requirement that the violator perform community services;
and
WHEREAS, the Evanston City Code permits recipients of certain Code violation
citations to pay a designated fine to resolve the matter rather than appearing for a hearing;
• and
WHEREAS, the City Council of the City of Evanston wishes to expand the number
of provisions of the Evanston City Code for which the payment -in -lieu -of -appearance option
is available; and
WHEREAS, Code violation citations at present are adjudicated in the Circuit Court
of Cook County; and
WHEREAS, the City Council of the City of Evanston wishes to provide for
adjudication of certain Code violation citations by the Division of Administrative Hearings
pursuant to the Illinois Municipal Code, 65 ILCS 5/1-2.1 et seq. and the Evanston City
Code, Title 11, Chapter 1,
0, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
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SECTION 1: The Evanston City Code of 1979, as amended, be and is further
amended by revising Section 1-4-1, to read as follows:
SECTION 1-4-1: GENERAL PENALTY.
A. Whenever any provision of this Code or any ordinance of the
City: (1.) prohibits an act or makes or declares an act unlawful or an offense or
(2.) requires an act to be performed or declares the failure to perform an act to be
unlawful or an offense, and the Code is silent with respect to the penalty to be
imposed upon a finding of liable, the penalty shall be a fine of not less than $10 but
not more than $750 and/or compliance with or community service orders as
specified in Section 11-1-9F. Where applicable, each day a Code provision is found
to have been violated shall constitute a separate offense and when the Code is
silent as to penalty, each separate offense subjects the violator to the penalty
provided for in this Subsection 1-4-1 (A).
B. In addition to any fine imposed under Subsection 1 -4-1 A., a violator
may be required to pay administrative costs and enforcement costs and may be •
ordered to cease violating and/or comply with the Code provision(s) found to have
been violated and/or ordered to post a compliance bond as provided by Section
11-1-16B. of this Code. The Director of Administrative Hearings shall establish a
uniform schedule of administrative costs and enforcement costs and shall present
same for annual review and approval by the City Council.
SECTION 2: That existing section 1-4-2 is deleted in its entirety and the following
substituted therefor, to read as follows:
1-4-2 CODE VIOLATION CITATIONS.
A. Notwithstanding any other provision of this Code, including any
penalty provision, a person alleged to have violated any provision of the City Code
except for violations classified as misdemeanors under the City Code may be
issued a notice of ordinance violation ("Code violation citation" or "citation"), in a
form prescribed by the Director of Administrative Hearings. The alleged violation(s)
set forth in a Code violation citation issued under the authority of this Section 1-4-2
shall be adjudicated by the Division of Administrative Hearings pursuant to Title 11,
Chapter 1 of this Code. •
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Every Code violation citation issued pursuant to this Section 1-4-2 shall be
issued in the format and pursuant to the procedure set forth in section 11-1-12 of
the City Code.
SECTION 3: That existing section 1-4-3 is renumbered as section 1-4-4,
subsequent sections are renumbered appropriately, and the following new section 1-4-3
added, to read as follows:
1-4-3 APPEARANCE AND PAYMENT IN LIEU OF APPEARANCE.
A. Every Code violation citation issued pursuant to Section 1-4-2 shall state the
date, time, and location of the administrative hearing to be held with respect
to the violation(s) alleged by the citation. Every citation also shall state
whether the respondent is required to appear at the hearing or may elect to
resolve the matter completely by paying prior to the hearing date the fine
amount specified by the citation, in which case the respondent need not
• appear. If a respondent is not required to appear and elects to pay a fine in
lieu of appearing, such election shall have the effect of the respondent
entering a plea of no contest to the violation(s) alleged in the citation.
B.1. If the respondent is required to appear and does not appear or if the
respondent is permitted to pay a specified fine in lieu of appearing and does
not pay the fine prior to the hearing date, the respondent may be held in
default and ordered to pay the maximum fine specified by the citation plus
applicable administrative costs, unless, because of error, the maximum fine
amount specified by the citation exceeds the maximum fine provided by the
Code in which case the maximum fine provided by the Code will be the fine
imposed upon default.
B.2. Unless a respondent held in default appeals the final default judgment to the
Circuit Court of Cook County within thirty-five (35) days of entry of the
judgment, the fine imposed by the judgment becomes final and constitutes
a debt due and owing the City for which the City may institute collection
proceedings. In the event the respondent appeals the default judgment and
the judgment is affirmed, the fine imposed becomes final and constitutes a
debt due and owing the City for which the City may institute collection
• proceedings.
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C. The issuance of Code violation citations and the administrative adjudication
of Code violation citations does not preclude the City from seeking to enforce
any provision of this Code in any other administrative forum or in a court of
competent jurisdiction.
SECTION 4: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 5: That this ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced:
Adopted:
ATTEST:
t erk
Approved as to form:
Corporation Co3r�W-�
2000
2000
Approved-
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Mayor
2000
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