(A)   To protect the health, safety and welfare of the public, and to enhance the value of investments owners make in their properties, it is the city’s purpose and intent to seek compliance by all citizens with the codes adopted by the city. Individuals who violate the city's codes must face some form of meaningful and consistent penalty.

   (B)   Any chapter referenced in § 166.02 which has provisions contrary to this chapter shall have those provisions superseded by the provisions in this chapter.

(Ord. 8212, passed 11-20-01; Am. Ord. 9048, passed 4-19-16)

   For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 8212, passed 11-20-01; Am. Ord. 8586, passed 5-6-08; Am. Ord. 9048, passed 4-19-16)

   (A)   All complaints alleging the existence of a violation of one or more of the Codes shall be filed with the Department.

   (B)   The Department shall promptly investigate any complaints received and may independently investigate any alleged violation and make a written report of the findings, which shall include a determination as to the existence of a violation. Such report shall also include photographs, when practicable, of any violations determined to be present by the Department.

   (C)   Citation/Notice to Appear. Whenever the Department determines that there has been a violation of one or more of the Codes or has reason to believe that a violation has occurred, a citation/notice to appear shall be issued to any Responsible Party and any other person who may be found to be responsible for the violation.

(Ord. 8212, passed 11-20-01; Am. Ord. 8586, passed 5-6-08; Am. Ord. 9048, passed 4-19-16)

   (A)   Failure to abate; cost of abatement; lien.

      (1)   In addition to any other penalty which may be imposed against the responsible party, if a violation is not corrected, abated or removed upon a plea of guilty or finding of guilt of the violation(s), the Department may cause the correction, abatement or removal of the violation. The failure of the responsible party to correct, abate or remove the violation(s) shall be deemed to be an implied consent for the Department to cause the correction, abatement or removal of the violations.

      (2)   The owner, occupant, or other responsible party shall be liable for the costs incurred by the city in correcting, abating or removing the violation. Said costs shall include, but not necessarily be limited to: the actual costs and expenses in time of city employees or city authorized contractors and in materials concerning the actual actions of correcting, abating or removing the violation; transportation to and from the property; title searches or certifications; reasonable attorney’s fees; and other related expenses. Upon completion of the correction, abatement or removal of the violation, the Department shall send to the owner, occupant or other responsible party an invoice detailing the costs. The invoice shall also specify the time within which the costs are to be paid.

      (3)   If the costs of correcting, abating or removing the violation remain unpaid after expiration of the time allowed in the invoice, the Department may file a lien upon the premises where the violation was corrected, abated or removed. If the Department intends to file a lien, it shall file a notice of such lien in the office of the Recorder of Deeds of Vermilion County, Illinois. The notice shall consist of a sworn statement setting out: a description of the real estate sufficient for identification; the amount of costs incurred by the city; and, the date or dates when such costs were incurred. Any costs incurred by the city in preparing and filing the lien, including filing or recording fees and reasonable attorney’s fees, shall be added to the amount of the lien.

      (4)   The lien described in subdivision (3) above shall be superior to all other liens except taxes, provided however, that the city shall have no preference over the rights of any purchaser, mortgagee, creditor, or other lien-holder of record arising prior to the filing of such notice in the office of the Recorder of Deeds of Vermilion County, Illinois.

      (5)   The city shall add interest at a rate of 6% per annum on all liens filed pursuant to this chapter. The city shall have the power to foreclose any lien filed pursuant to this chapter in the same manner and with the same effect as in the foreclosure of mortgages on real estate.

      (6)   The city shall also have the power, from time to time, to sue the owner, occupant or other responsible party in a civil action to recover the amount due the city for the costs of correction, abatement or removal, plus reasonable attorney's fees and costs of suit. The action shall be based upon the implied consent by the owner, occupant or other responsible party to form a contract with the city for the correction, abatement or removal of the violation. The action authorized herein shall be in addition to and without waiver of any other remedy. Judgment in a civil action brought by the city to recover or collect the amount due shall not operate as a release or waiver of the lien. Only satisfaction of the judgment or the filing of a release and satisfaction of lien shall release said lien.

   (B)   Fines; Pre-Hearing Settlement.

      (1)   Fines. Any person, firm, corporation or similar entity found guilty of a violation of any of the Codes shall, in addition to any other remedy allowed, be fined not less than $200 nor more than $1,000 for each offense. Each day that a violation occurs or continues shall constitute a separate offense. In addition to any fine imposed hereunder, the offender shall be ordered to pay all the costs incurred by the city in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or circuit court proceeding, and reasonable attorney’s fees.

      (2)   Pre-Hearing Settlement. Any person may elect to settle and compromise the violation and penalty prior to a hearing according to the following:

         (a)   If the violation is abated and verified by the Department within 7 days from the date of issuance of the citation, the fine amount shall be $75;

         (b)   If the violation is abated and verified by the Department more than 7 but less than 14 days from the date of issuance of the citation, the fine amount shall be $100.

      (3)   Grace Period.

         (a)   Unless otherwise specified in a notice of violation, any property which has not received a court citation within the previous 12-month period for a violation regarding the structure(s) on the property shall be allowed a 7-day period from the date of issuance of the citation to abate the violation and have it verified by the Department without penalty.

         (b)   Unless otherwise specified in a notice of violation, any property which has not received a court citation within the previous 12-month period for a violation regarding the grounds of the property around the structure(s) shall be allowed a 7-day period from the date of issuance of the citation to abate the violation and have it verified by the Department without penalty.

(Ord. 8212, passed 11-20-01; Am. Ord. 8586, passed 5-6-08; Am. Ord. 9048, passed 4-19-16)