HomeMy WebLinkAboutORDINANCES-2000-084-O-00•
07/18/2000
84-0-00
AN ORDINANCE
Amending Title 11, Chapter 1
of Evanston City Code
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1. TITLE 11, CHAPTER 1 OF THE EVANSTON CITY CODE OF 1979,
as amended, is hereby further amended by the language underscored:
SECTION 11-1-1: a) CREATION OF ADMINISTRATIVE
ADJUDICATION SYSTEM:
• Pursuant to authority of Section 5/1-2.1-1 et seq., of the Illinois Municipal
Code (65 ILCS 5/1-2.1-1, et seq.), which authorizes municipalities to
implement a system of administrative adjudication, there is hereby created
a system of administrative adjudication of charges of Code violations for the
City of Evanston. The system is authorized to conduct adiudicatory hearings
of cases instituted by City Departments upon receipt of written notice from
the Head of a Citv Department directed to the Director of the Division of
Administrative Hearings, provided, however. that the Director of the Division
of Administrative Hearings may decline iurisdiction over specific classes of
cases whenever resources are not available to handle the additional
caseload.
SECTION 2: That section 11-1-2 is hereby revised as follows:
SECTION 11-1-2: PURPOSE:
The purpose of the system of administrative adiudication of charges of Code
_violations is to provide a procedure by which charges of Code violations can
be administratively adjudicated equitably and efficiently by Administrative
Hearing Officers.
n
U
i
•
SECTION 3: That section11-1-3 is hereby revised as follows:
SECTION 11-1-3: JURISDICTION:
Except as provided by Section 11-1-(a), those matters subject to the
administrative adjudication system provided for by this Title 11 are charges
of violation of any ordinance alternatively, "City Code, "Code" of the City of
Evanston, so long as the relief sought is not a penalty of incarceration or a
fine in excess of $50,000 per violation, excluding allowable costs and in
those cases brought to enforce the collection of any tax imposed and
collected by the City.
SECTION 4: That section 11 -1 -4 is hereby revised as follows:
SECTION 11-1-4: DIVISION OF ADMINISTRATIVE HEARINGS:
There is hereby established a Division of Administrative Hearings, the
function of which is to expedite the prosecution and/or correction of Code
violations subject to the jurisdiction of the administrative adjudication system.
The Division is authorized to conduct and manage administrative •
adjudication proceedings in the manner provided for in this Title 11. The
Division will consist of a Division Director and such other persons as the
Division Director appoints to assist with the administrative adjudication
system provided for in this Title 11.
SECTION 5: That sections 11-1-9(C), 11-1-9(D), 11-1-9(E), and 11-1-9(F) are
hereby revised as follows, with Section 11-1-9 otherwise unchanged:
SECTION 11-1-9: SCOPE OF AUTHORITY OF ADMINISTRATIVE_
LAW JUDGES:
Administrative Hearing Officers shall preside over adjudicatory hearings. The
authoritv of an Administrative Hearina Officer shall encompass all acts
necessary for conducting fair and impartial adiudicatory hearings, including,
but not limited to:
A. Hearing testimony and accepting evidence that is relevant to the
existence of the code violation.
B. Administering oaths and affirmations to witnesses. •
C. Subject to Section 11-1-10, at the request of any party or on
2
•
the Administrative Hearing Officer's own motion, issuing subpoenas for the
attendance of relevant witnesses and/or the production of relevant books,
records, or other information.
D. Preserving the record of the hearing, including all exhibits and
evidence admitted into the record at the hearing.
E. Issuing a determination based upon a review of the notice of
violation, citation, other charginq document (hereinafter, "charginq
document") and on the evidence admitted, which determination shall be final
for purposes of iudicial review under the Illinois Administrative Review Law.
The determination shall be in writing, shall be signed by the Administrative
Hearing Officer., and shall be designated as findings(s), decision., and order.
F. Upon findina a respondent liable for violatina for one or more
charged Code provisions, imposinq penalties as provided by the governinq
penaltv provision, except, however, that in no event shall an Administrative
Hearing Officer have authority to (i) impose a penalty of incarceration, or (ii)
impose a fine in excess of $50,000. When applicable, each day a Code
• provision is found to have been violated by the respondent shall constitute
a separate offense, and each separate offense subiects the respondent to,
the penaltv provided by the aovernina penaltv provision.
(2) Imposing, in addition to fines, administrative and/or
enforcement costs and when applicable, imposinq costs incurred by the City
for effectina compliance with Code provision(s) for which a respondent has
been found liable.
(3) Ordering, notwithstandina fines imposed or costs
assessed, the respondent to comply with Code provision(s) found to have
been violated. and, if appropriate, orderina the respondent to post a
compliance bond as provided by Section 11-1-1613.0 )
(4) Orderina. reaardless of fines imposed or costs assessed,,
the Respondent to perform a term of communitv service.
G. Adhering to the policies, procedures, and legislation set forth
in the City Code, except where discretion is specifically vested in the
Administrative Hearing Officer, provided, however, that an Administrative
• Hearina Officer is authorized to waive the fine and/or costs that otherwise,
would be imposed upon findina a respondent liable for one or more Code,
violations when the Administrative Hearina Officer specifically finds as a,
3
84-0-00
•
matter of fact that the violation(s) occurred under such circumstances as to
a reasonable person would constitute an excuse for the violation(s).
H. Asking questions of the parties and witnesses, if necessary, to ensure
the clarity and completeness of the testimony and the record.
I. Regulating the course of the hearing in accordance with this Chapter,
the rules adopted by the Division Director for the conduct of administrative
hearings, and other applicable law.
SECTION 6: That section 11-1-11 is hereby revised as follows:
SECTION 11-1-11: ADMINISTRATIVE HEARINGS:
A. All administrative hearinas conducted by the Division of
Administrative Hearings are open to the public and shall be presided over
by a duly appointed Administrative Hearing Officer who is charged with
providing the parties a full and fair opportunity to be heard.
B. City shall not be represented by an employee or other •
representative of the Division of Administrative Hearings, provided, however,
that documentary evidence, prepared by another Department of the City and
submitted to the Division of Administrative Hearings, may be presented at
the hearing by the Administrative Hearing Officer.
C. All administrative hearings shall be conducted on the date set
for hearing. For good cause shown, a continuance may be granted at the
discretion of the Administrative Hearing Officer. The purpose of
administrative hearings is to provide a prompt resolution of alleged Code
violations, and accordingly, the request for, and the grant of, continuances
shall be curtailed to the extent fairness permits. Lack of preparation shall
not be grounds for a continuance. Continuances shall not be granted for
more than twenty-eight (28) days.
D. The Administrative Hearing Officer may issue -,subpoenas
pursuant to Section 11-1-10.
E. [1.)] The formal and technical rules of evidence shall not apply
in the conduct of the hearing. 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. •
E
•
F. 2. The Administrative Hearing Officer shall permit persons to
contest the merits of an alleged parking violation subject to the
administrative adjudication procedures of this Title 11 without attending a
hearing.
G. No violation may be established except upon proof by a
preponderance of the evidence, provided, however, that the oriainal or a
legible copy of the charaina document,' issued in accordance with the
applicable provisions of this Code, shall be prima facie evidence of the
correctness of the facts specified therein.
H. The Division Director shall determine the manner in which the
record shall be preserved. Such preservation may be made by tape
recording or other appropriate means. Recordina by anv means by arnr
member of the public is prohibited unless expressly authorized by the
Division Director. The record of all hearings before an Administrative
Hearing Officer shall include ... (4) a copy of [the findings, decision, and
order of] the Administrative Hearing Officer's final determination....
• I. At the conclusion of a hearing, the Administrative Hearing
Officer shall issue his final determination. If the Administrative Hearinq
Officer issues a final determination of liability. he may (1) impose fines.
assess costs. and make orders. all as provided by Section 11-1-9 F. and as
are consistent with the soecific Code Drovision(s) found to have been
violated.
J. At the conclusion of the hearing, the Administrative Hearing
Officer shall inform the parties orallv and in writina of his determination,
which determination constitutes a final determination for purposes of judicial
review and is subject to review under the Illinois Administrative Review Law.
Based on the charaina document and the evidence admitted, the,
Administrative Hearina Officer may issue the followina determinations: liable,
not liable, or liable upon a olea of no contest. The Administrative Hearinn
Officer also may dismiss the case with or without Dreiudice or grant a
properly made motion by the Citv voluntarilv dismissing the case.
SECTION 7: That section 11-1-12 is hereby revised as follows:
SECTION 11-1-12: PROCEDURE:
All matters to be adiudicated by the Division of Administrative Hearings shall
be commenced aqainst the Darty alleaed to have violated one or more Code,
5
84-0-00
•
provisions by issuina and servina upon that party a charaina document and
shall be conducted in accordance with the followina procedures:
A. The charginq document shall be issued by a Citv officer or
emplovee authorized to exercise Code enforcement authority and served as
provided for in Section 11-1-12(D.)
B. (1) Anv charaina document issued pursuant to this Section,
11-1-12 shall contain the followina information:
(a) The name: Citv Department: position: and
identification number. if applicable. of the oerson issuina the
charaina instrument;
(b) The name and address of the person or entity
beinq charaed with one or more Code violations,
("respondent'):
(c) The name and address of the person to whom
the charginq document is aiven if that person is not the go
respondent:
(d) The section(s) of the Code alleaed to have been
violated:
(e) The date. time, and place of the alleaed
violation(s):
(f) A leqallv sufficient description of the activity or
conduct alleaed to constitute a violation of each Code section,
set forth in the charaina document or a leaally sufficient
description of the facts aivina rise to the alleaations set forth
in the charainq document:
(a) The complainant's name if the complainant is not
the issuina Citv officer or emplovee.
The Citv officer or emplovee shall certifv the correctness of the
information required by this Subsection 11-1-1213.0) by sioninq his
name to the charaina document to be issued. Compliance with this
Subsection 11-1-1213.0) establishes a prima facie case.
2
•
F:MISIE1
(2) A charaina document issued pursuant to Subsection 11-
1-1213.0) also shall set forth (a) the date, time and place of the
adiudicatory hearina to be held with respect to the violation(s) alleged
in the charaina document and (b) the leaal authoritv and iurisdiction
under which the hearing will be held.
C. M The respondent named in a charaina document, shall be
aiven notice of the date of the adiudicatory hearina which may appear on the
face of the notice of violation. citation. or other charaina document. Notice
of the hearing date may be aiven in anv of the followina ways: (i) by first
class mail or by overnight or two-day commercial delivery service at the
respondent's last known address or if the respondent is a business entity, at
any address identified for its registered agent or at its principal place of
business[; or], (ii) by personal service. (iii) by postina upon the property that
is the site of the alleaed violation(s) when the respondent is the owner or
person in control of the prooertv, or (iv) by any other means permitted by law
for service of civil summons.
If service is provided by first class mail or by overnight or two-dav
• commercial delivery service, the 15-day period shall begin to run on the day
that the notice is deposited in the mail or given to the commercial delivery
service, as applicable.
fQ Notwithstanding anything to the contrary in this Section.
11-1-12, service of notices of violation and notices of hearing for
violations of Title 10, "Motor Vehicles and Traffic," shall be as
prescribed in Title 11, Chapter 2.
E. The oriainal or a legible copy of the notice of violation,
citation, or other charaina document shall be filed with the Division of
Administrative Hearings as soon as practicable at the place and in the
manner as the Director of Administrative Adiudication, directs. Upon
receiving the original or legible copv of charaina document, the Division of
Administrative Hearinas shall select a hearina date and aive respondent
notice of the date. time. and place of the hearing in the manner set forth in
Subsection 11-1-12D(1). unless the charaina document sets forth the date,
time, and location of the hearino and was served personally on the
respondent.
F. Parties to an adiudicatory hearing may be represented by an
• attorney or other agent, present witnesses, and cross-examine opposing
witnesses. Parties may request the Administrative Hearing Officer to issue
7
84-0-00 •
subpoenas as provided for in Section 11-1-10.
SECTION 8: That section 11-1-13 is hereby revised as follows:
SECTION 11-1-13: REPRESENTATION AT HEARINGS:
A. City Representation: The case for the City may be presented
by.a City employee, or by an attorney designated by the corporation Counsel
but not by an emolovee or other representative of the Division of
Administrative Hearings except as allowed by Section 11-1-11 B.
B. Respondent Representation: The case for the respondent may
be presented by the respondent or by an attorney or agent of the
respondent. An attornev or aqent appearina at an adiudicatory hearing on
behalf of a respondent shall present the Administrative Hearina Officer with
a siqned appearance form statina. on oath or affirmation. that he or she has
been authorized by the respondent to represent the respondent at the
hearinq.
SECTION 9: That section 11-1-15 is hereby revised as follows: •
SECTION 11-1-15: DEFAULT:
SECTION 11-1-15: DEFAULT:
A. If at the time set for hearing, the respondent, or his attorney or
agent of record, fails to appear, the Administrative Hearing Officer may enter
a default iudqment of liabilitv aaainst the respondent and impose fines and
assess costs. A copy of the order of default shall be served in any manner
for service of a notice of violation permitted by this Chapter and applicable
to the violation. A copv of the default iudament, which is a final
determination. shall apprise the respondent of the procedure for settinq
aside the default iudament and also shall apprise the respondent of the
availability of an appeal of the default iudament to the Circuit Court of Cook
Countv. The default iudament shall be mailed promptly to the respondent as
provided by Section 11-1-12130 ).
B. A respondent aaainst whom a default iudament has been
entered may file a motion with the Division of Administrative Hearinas to set
aside the default iudament and for a new hearina. A motion to set aside a •
default iudament may be filed at anv time if the respondent alleaes lack of
subiect matter or personal iurisdiction: in all other cases, the motion must be
$4-0-00
filed with 21 days of entry of the default iudament excepting Saturdays,
Sundays, and holidays. A motion to set aside a default iudament shall set
forth the reason(s) the respondent failed to appear on the oriainal hearinq
date. An Administrative Hearina Officer shall hear and rule on the motion.
If the Administrative Hearina Officer grants the motion. a hearina will be
held immediately on the alleaed Code violation(s) set forth in notice of
violation, citation. or other charaina document unless the respondent
requests another hearina date and presents for aood cause for continuinq
the hearinq., Notwithstanding any of the foregoing to the contrary, a motion
to set aside a default judgment entered on a notice of violation of parking,
standing, or vehicle compliance shall. be subject to the provisions of Title 11,
Chapter 2 of the Code.
C. If any default judgment is set aside pursuant to this Section 11-
1-15, 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.
SECTION 10: That section 11-1-16 is hereby revised by adding anew section 11-
. 1-16(B) to read as follows:
SECTION 11-1-16 FINES; COMPLIANCE BOND:
A. All fines and other monies to be paid to the City in accordance with
this Chapter shall be remitted to the City and deposited in the appropriate City
account as designated by the City Manager.
13.0 .) In order to ensure that Code violations are remedied in a timely,
manner. an Administrative Hearina Officer. upon issuina a determination of
liabilitv that includes an order of compliance. may order the respondent in
the case to obtain a bond to ensure respondent's timely compliance with the
Code provision(s) found to have been violated. Anv bond ordered pursuant
to this Subsection 11-1-1613.0.) shall name the Citv as beneficiary and shall
be in the amount specified by the Administrative Hearina Officer, provided
that the amount of the bond shall be reasonablv related to the cost of
compliance. Anv bond issued as a result of an Administrative Hearing
Officer's order is subiect to review and modification by the Citv Manager as
to form and amount. If the respondent fails to remedv in a timelv manner the
Code violation(s) for which a bond has been ordered and issued and the Citv.
undertakes remediation or otherwise expends funds related to the Code
violation(s) for which a bond has been ordered and issued, the
Administrative Hearina Officer, after aivina the parties notice and opportunity
to be heard, may issue an order permittina the Citv to draw against the bond
N
•
in an appropriate amount. The Administrative Hearina Officer shall order the
bond amount, less the reasonable costs. incurred by the Citv. returned to the
respondent upon proof of compliance with the Code provision(s) found to
have been violated.
2. In the event a respondent ordered to secure a bond as
provided by Subsection 11-1-16B.(1.). seeks iudicial review of that
portion of the Administrative Hearina Officer's order reguirinq a bond
and prevails on that issue. the Citv shall release the bond, and if the
Citv has drawn against the bond. the Citv shall refund to the
respondent the total amount drawn within 30 days of receivina a copy
of the reviewina court's mandate.
SECTION 11: That section 11-1-17 is hereby revised as follows:
SECTION 11-1-17: ENFORCEMENT OF ADMINISTRATIVE
HEARING [OFFICER'S] ORDER:
A. Any fine and anv administrative. enforcement, or compliance,
costs imposed by an Administrative Hearing Officer's order that remain
unpaid after the exhaustion of, or the failure to exhaust, judicial review
procedures, unless staved by a court of competent iurisdiction, shall be a
debt due and owing the City and may be collected in accordance with
applicable law.
B. After the expiration of the period for which judicial review may
be sought, unless stayed by a court of competent jurisdiction, the
determination of liabilitv of an Administrative Hearing Officer may be
enforced in the same manner as a judgment entered by a court of competent
jurisdiction.
C. In any case in which a respondent fails to comply with an
Administrative Hearing Officer's order to correct a Code violation, any
expenses incurred by the City to enforce the Administrative Hearing Officer's
order, 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 an Administrative Hearing Officer, shall be a debt
due and owing the City. Prior to any expenses being fixed by an
Administrative Hearing Officer pursuant to this Subsection 11-1-17C., the
respondent shall be provided with notice that directs the respondent to
appear at a hearing before an Administrative Hearing Officer to determine
whether the respondent has failed to comply with the Administrative Hearing
10
C]
Officer's order. The notice shall set the place and the time for the hearing,
which shall not be less than seven days from the date the notice is served.
Notice may served by first class mail or by an overniqht commercial
delivery service and the seven-day period shall begin to run on the date that
the notice was deposited in the mail or with the overniqht commercial
delivery service.
B. Nothing in this Section shall prevent the City from enforcing or
seeking to enforce any order of an Administrative Hearing Officer in any
manner provided by law.
SECTION 12: That section 11-1-18 is hereby revised as follows:
SECTION 11-1-18: ELECTION OF REMEDIES:
In no case may the Division of Administrative Hearings conduct an
adiudicatory hearina for an alleged Code violation where the remedy
provided for is a punishment of imprisonment. Nothing in this Chapter,
• however, shall preclude the City from petitioning a court of competent
jurisdiction to adjudicate any ordinance violation or an ordinance violation
which provides the remedy of imprisonment, or from petitioning a court of
competent iurisdiction to impose the remedy of imprisonment for failure to
comply with an order of an Administrative Hearing Officer.
11
84-0-00
SECTION 13: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 14: That this ordinance shall be in full force and effect upon passage
and approval.
Introduced: %'�'� , 2000
�<�
-�
Adopted: i ��—� J f 6 ,2000
APpro 2000
1 Mayor
ATTEST: l
on Counsel
•
C7
12