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2013-03 AMENDING CITY CODE AND ZONING ORDINANCE - CHAPTER 29 - SECTION XXXVI
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2013-03 AMENDING CITY CODE AND ZONING ORDINANCE - CHAPTER 29 - SECTION XXXVI
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Resolution/Ordinance
Res Ord Num
2013-03
Res Ord Title
AMENDING CITY CODE AND ZONING ORDINANCE - CHAPTER 29 - ADMINISTRATIVE ADJUDICATION OF OFFENSES - SECTION XXXVI - ENFORCEMENT, LEGAL PROCEDURE & PENALTIES
Department
Legal
Approved Date
1/7/2013
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s <br /> administrative review procedures hereinafter set forth. Where a person fails to appear at the <br /> administrative hearing to contest the alleged violation on the date and at the time and place <br /> specified in a prior served or mailed notice, the hearing officer's determination of liability shall <br /> become final either upon a denial of a timely petition to set aside that determination or upon the <br /> expiration of the period for filing a petition without a filing having been made. <br /> 7. ENFORCEMENT OF JUDGMENT. <br /> A. Judicial Review. Any final decision by a Hearing Officer that a code violation does <br /> or does not exist shall constitute a final determination for purposes of judicial review under the <br /> Illinois Administrative Review Law. The findings, decision and order of the hearing officer shall <br /> constitute a final determination for purposes of judicial review and shall be subject to review in <br /> the Circuit Court of Macon County and the provisions of the Administrative Review Law and all <br /> amendments and modifications thereto, and the rules adopted pursuant thereto are adopted and <br /> shall apply to and govern every action for the judicial review of the final findings, decision and <br /> order of a hearing officer under this Chapter. The plaintiff in. the administrative review <br /> proceeding shall pay to the City of Decatur the costs of preparing and certifying the record of <br /> proceedings before ACES, the failure to make that payment shall relieve the City of the necessity <br /> of filing the answer required by 735 ILCS 5/3 — 108 (Illinois Administrative Review Law) and <br /> shall be authority for the entry of an order by the court, on motion therefor by the City or any <br /> other defendant, dismissing the complaint and (in the case of an administrative decision which <br /> requires the payment of money) entering a judgment against the plaintiff and in favor of the City <br /> for the amount shown by the administrative decision that is involved to be due, and for costs. <br /> (Amended, Ordinance 2012-72) <br />
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