ordinance 20-8 p tix cpd3-29

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ORDINANCE ______
OF THE CITY COUNCIL OF THE CITY OF PARK RIDGE
ADDING CHAPTER 8 TO ARTICLE 20 OF THE
CITY OF PARK RIDGE MUNICIPAL CODE
SECTION 1: BE IT ORDAINED, by the City Council of the City of Park Ridge, that a new Chapter 8,
entitled “ CITATIONS FOR OFFENSES EXCLUDING PARKING OFFENSES” shall be added to
Article 20, “Administrative Procedure,” which shall read in its entirety as follows:
CHAPTER 8 CITATIONS FOR OFFENSES EXCLUDING PARKING OFFENSES
SECTION
20-8-1
20-8-2
20-8-3
20-8-4
20-8-5
20-8-6
Applicability of this Chapter
Issuance of Citation
Payment within Fourteen Days
Notice to Appear
Payment of Violations
Fee for Collection
20-8-1 APPLICABILITY OF THIS CHAPTER
This Chapter shall apply to all offenses, not including parking violations, vehicle sticker
violations, dog and cat licensing violations and all other offenses covered by Section 20-1-1, et seq. of the
Park Ridge Municipal Code.
20-8-2 ISSUANCE OF CITATION
A peace officer or conservator of the peace, including but not limited to an environmental health
officer, building official, building inspector, zoning official, city forester, forester, city engineer, public
works director and assistant director of public works, is authorized to issue a ticket for a violation of
Articles 5, 9, 11, 12, 14, 15, and 22 of the Park Ridge Municipal Code and of the City of Park Ridge
Zoning Ordinance. In lieu of issuing a ticket that requires an appearance in court or before the
Administrative Hearing Officer, may issue a citation to the offender that requests the offender to make
payment in an amount applicable to the alleged violation as set forth in Section 20-8-5 as settlement of
said violation claim; and informing the offender that upon failure to settle, the offender will be required to
appear before the Administrative Hearing Officer to contest the violation.
In addition to the Articles set forth above and described in more detail in Section 20-8-5, citations
may also be issued for such other violations as the Director of Community Preservation and Development
or the Director of Public Works may, by policy, determine to be appropriate for settlement and
compromise as described in this Chapter. In determining which violations shall be subject to such a
settlement and compromise, the Director of Community Preservation and Development and/or the
Director of Public Works shall give consideration to the severity of the violation, the necessity for judicial
imposition of a penalty, the administrative impact of court appearances by peace officers, as defined
above, and the effectiveness of such procedures in determining and correcting violations. In the case of
violations of a continuing nature, the violator may be required to present evidence of correction of the
violation before the citation may be settled and compromised.
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20-8-3 PAYMENT WITHIN FOURTEEN DAYS
Pursuant to said citation, the person accused of the violation may settle and compromise the
violation claim with respect to such ordinance violation by paying to the City the applicable amount as set
forth in Section 20-8-5 hereof, within a period to be specified in said citation – not more than fourteen
(14) days of the time the citation is issued. The payment shall be made in accordance with the
instructions contained in the citation.
20-8-4 NOTICE TO APPEAR
In the event that the person issued a citation fails to settle and pay the citation within the
prescribed time, or within a period of time specified in a final notice (if one is served upon him), then the
individual will be required to appear before the Administrative Hearing Officer for a hearing, as provided
for in Section 20-6-1 et seq. of the Park Ridge Municipal Code.
20-8-5 PAYMENT OF VIOLATIONS
The violation described in a citation issued pursuant to this Chapter may be settled, compromised
and paid pursuant to the terms of this Chapter, in the amount set forth on the citation and in the following
schedule:
A.
In the event that payment is made prior to the date specified on the citation, the amount
set forth on the citation, which is within the range of $50.00 to $500.00, shall be accepted as settlement
and payment.
B.
In the event that payment has not been made prior to the date specified in said citation, a
notice shall be sent to the violator that the original amount set forth on the citation plus a late fee of
$15.00 shall be accepted as settlement and payment if paid within fourteen (14) days of the notice.
C.
In the event that payment has not been made prior to the date specified on the notice, a
second and final notice shall be sent to the violator that the original amount set forth on the citation plus
an additional late fee of $ 25.00 shall be accepted as settlement and payment if paid within fourteen (14)
days of the notice.
D.
If the amount listed in the second and final notice is not paid within fourteen (14) days of
the final notice, the alleged violator will be required to attend a hearing on the date specified in the second
and final notice. If the alleged violator does not pay the amount listed in the second notice, including the
late fees, within fourteen (14) days and does not appear at the hearing, the Administrative Hearing Officer
will enter a finding of guilty and impose a fine and/or costs. The Hearing Officer will issue a Notice of
Determination of Liability to the alleged violator in accordance with the default provisions set forth in
Section 20-6-10 of the Municipal Code of the City of Park Ridge.
E.
Nothing set forth in Subsections A, B, and C of this Section 20-8-5 shall limit the ability
of the Administrative Hearing Officer to set and determine the fine within the minimum and maximum
limits for the offense as set forth in the Park Ridge Municipal Code.
F.
Nothing set forth herein shall limit the ability of any alleged violator to request, at any
time before the entry of a final determination of liability, a hearing before the Administrative Hearing
Officer to determine liability for the violation or to contest the violation in accordance with Section 20-61 et seq. of the Municipal Code of the City of Park Ridge. In addition, nothing set forth herein shall limit
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the ability of any violator to seek judicial review of a final determination of liability in accordance with
Illinois Administrative Review Law.
20-8-6 FEE FOR COLLECTION
In addition to any other remedy or method provided in this code or by other law for collection of
fines or other debts owed to the City, services of a commercial collection agency may be used. The
Finance Director shall establish rules regarding circumstances in which a collection agency will be used.
Any fine or other debt owed to the City, which is referred to a collection agency, shall be increased by an
amount sufficient to offset the additional cost to the City of the collection agency services.
SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and
publication according to law.
SECTION 3: The City Clerk is hereby authorized and directed to publish said Ordinance in pamphlet
form according to law.
Adopted by the City Council of the City of Park Ridge, Illinois this _____ day of_____________, 2007.
VOTE:
AYES:
NAYS:
ABSENT:
Approved by me this _____ day of __________,
2007.
___________________________________
Mayor
Attest:
_____________________________________
City Clerk
186340_1.DOC
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