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. 1 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 2 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 3