§ 2.80.110. Fines.

A.

At the conclusion of the hearing, the Hearing Officer shall make a determination on the basis of the evidence presented at the hearing as to whether or not a code violation exists. The determination shall be in writing and shall be designated as findings, decision and order. The findings, decision and order shall include:

1.

The Hearing Officer's findings of fact;

2.

A decision of whether or not a Code violation exists based upon the findings of fact; and

3.

An order that states the sanction or dismisses the case if a violation is not proved.

B.

A monetary sanction for a violation under this chapter shall not exceed the amount provided for in the Code. A copy of the findings, decision, and order shall be served on the defendant within five (5) days after it is issued. Service shall be in the same manner that the report form and summons are served under Section 2.80.050. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in the Code or as ordered by the Hearing Officer, unless otherwise provided for by the corporate authorities of the City.

C.

Unless the amount of the penalty is otherwise specified in the section of the City Code being violated, prior to the hearing date as provided for in this chapter monetary sanctions for violations may be satisfied by a payment of fifty dollars ($50.00) in a manner as directed by City's Code Hearing Department. Such advanced payment shall preclude the need for a hearing. However, abatement of the violation must have occurred concurrent with or prior to the advanced payment to preclude the hearing. Multiple or repeat offenders for the same violation may not utilize the advanced payment option of this section. This section specifically applies for violations under for the following City Code provisions:

1.

Chapter 5.20, pertaining to yard sales;

2.

Chapter 5.52, pertaining to auction sales;

3.

Sections 6.12.010, 6.12.020, 6.12.030, 6.12.050, 6.12.060, 6.12.070, 6.12.080, pertaining to animals;

4.

Sections 6.08.010, 6.08.030, 6.08.040, 6.08.050, 6.08.070, pertaining to animals;

5.

Chapter 8.04, pertaining to false alarms;

6.

Chapter 8.12, pertaining to nuisances;

7.

Chapter 8.20, pertaining to weeds and grass;

8.

Title 10, pertaining to vehicles and traffic.

(Ord. No. 3510, 6-28-2004)

State law reference

Findings, decision and order, 65 ILCS 5/1-2.2-45.