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2011-64 AMENDING CITY CODE - CHAPTER 29 - ADMINISTRATIVE ADJUDICATION OF OFFENSES
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2011-64 AMENDING CITY CODE - CHAPTER 29 - ADMINISTRATIVE ADJUDICATION OF OFFENSES
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8/26/2015 11:16:13 AM
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Resolution/Ordinance
Res Ord Num
2011-64
Res Ord Title
AMENDING CITY CODE - CHAPTER 29 - ADMINISTRATIVE ADJUDICATION OF OFFENSES
Department
Legal
Approved Date
10/31/2011
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, <br /> M i <br /> I. Final Determination of Liability. A final determination of liability shall <br /> occur following the failure to pay the fine or penalty or comply with other imposed <br /> sanctions after the Hearing Officer's determination of liability and the exhaustion of, <br /> or the failure to exhaust, any administrative review procedures hereinafter set forth. <br /> Where a person fails to appear at the administrative hearing to contest the alleged <br /> violation on the date and at the time and place specified in a prior served or mailed <br /> notice, the hearing officer's determination of liability shall become final either upon a <br /> denial of a timely petition to set aside that determination or upon the expiration of <br /> 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 <br /> violation does or does not exist shall constitute a final determination for purposes of <br /> judicial review under the Illinois Administrative Review Law. The findings, decision <br /> and order of the hearing officer shall constitute a final determination for purposes of <br /> judicial review and shall be subject to review in the Circuit Court of Macon County <br /> and the provisions of the Administrative Review Law and all amendments and <br /> modifications thereto, and the rules adopted pursuant thereto are adopted and shall <br /> apply to and govern every action for the judicial review of the final findings, decision <br /> and order of a hearing officer under this Chapter. <br /> B. Enforcement of Judgment. Any fine, costs, other sanction imposed, or <br /> part of any fine, costs or other sanction imposed remaining unpaid or not complied <br /> with after the exhaustion of, or the failure to exhaust, judicial review procedures <br /> under the Administrative Review Law shall be a debt due and owing the City of <br /> Decatur and can be sent to collections or collected in any manner authorized by <br /> law. <br /> C. Nothing in this Section shall prevent the City from consolidating multiple <br /> findings, decisions and orders against a person in such a proceeding. <br /> D. In any case in which a respondent has failed to comply with a judgment <br /> ordering the respondent to correct a code violation or imposing any fine or other <br /> sanction as a result of a code violation, any expenses incurred by a municipality to <br /> enforce the judgment, including, but not limited to, attorney's fees, court costs, or <br /> other related costs after they are fixed by a court of competent jurisdiction or a <br /> hearing officer, shall be a debt due and owing the municipality and may be collected <br /> in accordance with applicable law. <br /> E. A Hearing Officer may set aside any judgment entered by default and set <br /> a new hearing date upon a petition filed within fourteen (14) days after the issuance <br /> of the order of default if the hearing officer determines that the petitioner's failure to <br />
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