2012-72 AMENDING CITY CODE - CHAPTER 29 - ADMINISTRATIVE ADJUDICATION OF OFFENSES

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ORDINANCE NO. 2012-72 ORDINANCE AMENDING CITY CODE - CHAPTER 29— ADMINISTRATIVE ADJUDICATION OF OFFENSES - BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF DECATUR, ILLINOIS: Section 1. That Section 7 A. of Chapter 29 of the City Code of the City of Decatur, Illinois, be, and the same is hereby, modified and amended so that said Section 7 A. of Chapter 29 as so modified and amended shall provide as follows: 7. ENFORCEMENT OF JUDGMENT. A. Judicial Review. 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. The findings, decision and order of the hearing officer shall constitute a final determination for purposes of judicial review and shall be subject to review in the Circuit Court of Macon County and the provisions of the Administrative Review Law and all amendments and modifications thereto, and the rules adopted pursuant thereto are adopted and shall apply to and govern every action for the judicial review of the final findings, decision and order of a hearing officer under this Chapter. The plaintiff in the administrative review proceeding shall pay to the City of Decatur the costs of preparing and certifying the record of proceedings before ACES, the failure to make that payment shall relieve the City of the necessity of filing the answer required by 735 ILCS 5/3-108 (Illinois Administrative Review Law) and shall be authority for the entry of an order by the court, on motion therefor by the City or any other defendant, dismissing the complaint and (in the case of an administrative decision which requires the payment of money) entering a judgment against the plaintiff and in favor of the City for the amount shown by the administrative decision that is involved to be due, and for costs. Section 2. That the City Clerk be, and she is hereby, authorized and directed to cause the provisions hereof to be appropriately set out in the City Code and to cause the same to be published in pamphlet form according to law.