The purpose of this article is to provide for fair and efficient enforcement of this Code as may be allowed by law and direct by ordinance, through an administrative adjudication of violations of such village ordinances and establishing a schedule of fines and penalties, and authority and procedures for collection of unpaid fines and penalties, pursuant to authority granted to all municipalities under 65 ILCS 5/1-2.2.

(Code 2024, § 1.9.1)

1. The village has established an executive department of the municipal government to be known as the village code enforcement department to have the power to enforce compliance with all municipal ordinances as from time to time authorized by the village council, except for any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles, and except for any reportable offense under 625 ILCS 5/6-204, other than a notice of violation pursuant to an automated traffic law enforcement system which shall be enforced pursuant to this section.
2. The enforcement department shall not prosecute building code violations that must be adjudicated pursuant to 735 ILCS 5/3-101 et seq., which provides for prosecution by an administrative agency of the village.
3. Enforcement may be through the use of an administrative hearing officer system created by intergovernmental agreement between the village and such other governmental agencies as shall be parties to such agreement.
4. The establishment of the enforcement department does not preclude the corporate authorities from using any other method to enforce ordinances of the village.

(Code 2024, § 1.9.2)

1. The enforcement department shall be composed of a hearing officer, and such support personnel as shall be necessary to affect the purpose of this section. The hearing officer must be an attorney licensed to practice law in the state for at least three years.
2. The president is authorized to appoint persons to hold the hearing officer unless otherwise provided in the intergovernmental agreement establishing the administrative hearing officer system.
3. The hearing officer shall preside over all adjudicatory hearings and shall have the following powers and duties:
   1. Hearing testimony and accepting evidence that is relevant to the existence of the village code violation;
   2. Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
   3. Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing;
   4. Issuing and signing a written finding, decision and order stating whether a village code violation exists; and
   5. Imposing penalties, sanctions or such other relief consistent with applicable village code 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.
4. Prior to conducting administrative adjudication proceedings under this section, the hearing officer shall have successfully completed a formal training program which includes the following:
   1. Instruction on the rules of procedure of the administrative hearings over which the hearing officer shall preside;
   2. Orientation to each subject area of the code violations that he/she will adjudicate;
   3. Observation of administrative hearings; and
   4. Participation in hypothetical cases, including ruling on evidence and issuing final orders.

(Code 2024, §§ 1.9.3, 1.9.4)

1. A violation notice for any ordinance violation shall be issued by persons authorized in this section and shall contain information and shall be certified and constitute prima facie evidence of the violation cited.
2. All full-time enforcement officers, the fire inspector or other authorized firefighter, all building inspectors, animal control officers, health inspectors and zoning enforcement officer, as well as other specifically authorized individuals of any village department, shall have the authority to issue violation notices.
3. Any individual authorized to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this section or a violation of any section of any village ordinance is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth.
4. The violation notice shall contain, but shall not be limited to, the following information:
   1. The name of the party violating the ordinance, if known.
   2. The date, time and place of the violation (date of issuance).
   3. The particular ordinance violated, and the type and nature of the violation.
   4. Vehicle make and state registration number (if applicable).
   5. The names of the witnesses to the violation.
   6. The fine and any penalty which may be assessed for late payment.
   7. The signature and identification number of the person issuing the notice.
   8. The date and location of the adjudicating hearing of ordinance violations, the legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing.
   9. A section entitled "notice of hearing" which shall clearly set forth that the person receiving a notice of ordinance violation may appear at an administrative hearing to contest the validity of the violation notice on the date and at the time and place as specified in the notice of hearing.
   10. Date, time and place of the administrative hearing at which the alleged violation may be contested on its merits.
   11. Statement that failure to either pay the fine and any applicable penalty or failure to appear at the hearing on its merits on the date and at the time and place specified will result in a final determination of liability for the "cited" violation in the amount of the fine and penalty indicated.
   12. Statement that, upon the occurrence of a final determination of liability for the failure, and the exhaustion of, or the failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the village.

(Code 2024, §§ 1.9.4, 1.9.7(A)5--8)

1. Service of any violation notice shall be made by the person issuing such notice:
   1. Handing the notice to the person responsible for the ordinance violation;
   2. Handing the notice to the responsible person or leaving the notice with any person 12 years of age or older at the residence of the responsible person;
   3. Mailing the notice by certified mail, return receipt requested, to the person responsible for the ordinance violation; or
   4. Posting the notice upon the property where the violation is found when the person is the owner or manager of the property.
2. The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
   1. Signing his/her name to the notice at the time of issuance; or
   2. In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the ordinance enforcement administrator, attesting to the correctness of all notices produced by the device while under his/her control.
3. 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.
4. Any 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.

(Code 2024, § 1.9.5)

1. An administrative hearing to adjudicate any alleged ordinance violation on its merits shall be granted to the alleged violator at the date, time and place set forth by the enforcement department and by notice given and served upon the alleged violator.
2. All administrative hearings shall be recorded and shall culminate in a determination of liability or nonliability, made by the hearing officer, who shall consider facts and/or testimony without the application of the formal or technical rules of evidence.
3. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. Persons appearing to contest the alleged violation on its merits may be represented by counsel at their own expense. The burden of proof shall be on the village to present the preponderance of evidence to prove the violation of the ordinance.
4. The hearing officer shall, upon a determination of liability, assess fines and penalties in accordance with HVC 1.00.140.

(Code 2024, § 1.9.6)

1. A final notice of determination of liability shall occur following the failure to pay the fine or penalty after the hearing officer's determination of liability and the exhaustion of or the failure to exhaust any administrative review procedures herein set forth.
2. If a person fails to appear at the administrative hearing to contest the alleged violation on the date and at the time and place specified in a prior served or mailed notice of hearing, the hearing officer's determination of liability shall become final either upon a denial of a timely petition to set aside that determination or upon the expiration of the period for filing a petition without a filing having been made.
3. The notice of final determination of liability shall contain, but not be limited to, the following information and warnings:
   1. A statement that the unpaid fine and any penalty assessed is a debt due and owing the village.
   2. A statement of any sanction ordered or costs imposed which costs are debts due and owing the village.
   3. A warning that failure to pay the fine and any penalty due and owing the village within the time specified may result in proceeding with collection procedures in the same manner as a judgment entered by any court of competent jurisdiction.
   4. Any other warning of possible impoundment as permitted by law or ordinance.

(Code 2024, §§ 1.9.7(B), 1.9.8)

Any final decision by a hearing officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review under the Illinois Administrative Review Law.

(Code 2024, § 1.9.9)

1. 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 Illinois Administrative Review Law shall be a debt due and owing the municipality 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 for a final determination of a code violation, the village attorney may by filing of a petition commence a proceeding in the county circuit court for the purpose of obtaining a judgment on the findings, decision, and order.
   1. Nothing in this section shall prevent the village from consolidating multiple findings, decisions, and orders against a person in such a proceeding.
   2. Upon commencement of the enforcement 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 were issued in accordance with state law and the applicable village ordinance.
   3. Service of the summons and a copy of the petition may be by any method provided state law, including 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.
   4. If the court is satisfied that the findings, decision, and order was entered in accordance with the requirements of state law and the applicable village ordinance and that the violation had an opportunity for a hearing and for judicial review:
      1. 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.
      2. 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.
3. In any case in which a hearing officer finds that a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by the village to enforce the judgment, including, but not limited to, attorney fees, court costs, and costs related to property demolition or foreclosure after they are fixed by the hearing officer, shall be a debt due and owing the village and may be collected in accordance with applicable law and this article.
4. A lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the village under this section, and after court entry of judgment as set forth in subsection (b) of this section. The lien may be recorded and enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. No lien may be enforced under this section until it has been recorded in the manner provided by state law or by the Uniform Commercial Code.
5. A hearing officer may set aside any judgment entered by default and set a new hearing date upon a petition filed within 21 days after the issuance of the order of default if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause, or at any time if the petitioner establishes that the village did not provide proper service of process.

(Code 2024, § 1.9.10)

At the election of the village or the presiding hearing officer, any penalty imposed for violation of an ordinance may include, or consist of, a requirement that the defendant perform some reasonable public service work such as, but not limited to, the picking up of litter in public parks or along public highways or maintenance of public facilities. The hours of public service imposed under this section should reasonably relate to the value of the amount of the fine which otherwise would have been imposed pursuant to HVC 1.00.140. For purposes of this section, the federal minimum wage rate shall be deemed to be reasonable determination of a rate for conversion of a fine into public service hours.

(Code 2024, § 1.9.11)