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HomeMy WebLinkAboutOrd 2866 01/16/1979 12/2,'7-" f"); } I I I I I I 'c;. r-'l: f".; ORDINANCE NO. 2866 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 19 OF THE MUNICIPAL CODE E IT ORDAINED BY BY PRESIDENT AND BOARD OF TRUSTEES OF THE ILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS~ I I 1- ECTION ONE: That, pursuant to the authority granted the President and oard of Trustees of the Village of Mount Prospect under At'ticle VII of he 1970 Constitution of the State of Illinois, Article II of Chapter 19 Health Regulations), contained in the Municipal Code of IVlount Prospect f 1957, as amended, is hereby further amended by removing the text urrently contained in Section 19.205 and placing same under a new Section, ection 19.207 and by adding enforcement,regulations under Section 19.205; "Section 19.205. Enforcement A. It shall be the duty of the following officials of the Village of Mount Prospect to issue CITATIONS to any persons who violate the provisions of the ARTICLE: Police Department and the Director of the Health Department (Health Officer) and his administrative assistants. 1. Said CrT A TION may be delivered to the violator personally or may be delivered to a member of the violator's household of the age of ten (10) years or upwards, or may be affixed to th~ main entrance to any building located upon the premises where the violation occurred. . 2. Nothing in this subsection shall be construed to abridge the power of a Police Officer to arrest any violator and take him into custody. B . Penalty: 1. Notwithstanding the provisions of Section 19.205 of this Chapter l and notwithstanding the power of a Police Officer to arrest any violator and take him into custody, whenever a Village official designated under subsection A hereinabove, is authorized to issue a CITATION because of a violation of this Section, said official may, in lieu of filing a Complaint in court in the first instance t issue to alleged violator a CITATION: a. Advising said person that he has violated a specified subsection herein. b. Requesting him to make payment in an amaunt applicable to said alleged violation as set forth in paragraph 5 of this subsection as settlement of said violation claim; and "' f)1) ~ ~----'.., f"'~ c. Informing him that upon failure to so settle, a Complaint will be filed in the Circuit Court of Cook County J charging him with such violation. 2 . Pursuant to said CITATION, the person so accused of said violation may settle and compromise the violation claim in respect to such Section violation by paying to the Village the applicable amount as shown in paragraph 5 of this subsection B, within a period to be specified in said CITATION -- not more than seven (7) days ' after the time the alleged offense was committed. Such paymeJlt._~A~ll be made in accordance with the instructions contained in the aforesaid CITATION, at the Office of the Finance Department of the Village of Mount Prospect, which shall issue a receipt for the money so received and promptly remit said amount to the Village Treasurer to be credited to the proper municipal fund. 3. In the event that the person to whom said CITATION is issued fails to settle and pay said violation claim within the prescribed time, or within a period of time specified in a. Final Notice (if one is served upon him) then such designated official is authorized to cause a Notice to Appear to be served upon said alleged violator and is authorized to file a Complaint and to prosecute the same in the Circuit Court of Cook County. 4. The fact that title to the land upon which the alleged violation occurred is registered J recorded and/or leased in the name of said alleged violator shall be considered prima facie that said alleged violator caused the alleged violation at time of such alleged violation.. 5. The violation claim described in said CITATION so to be issued pursuant to the terms of this Secticm may be settled, compromised and paid in the respective amounts set forth in the following schedule: a. In the event that said payment is made prior to the mailing by the municipality or by the Official of a Final Notice, the following amount <shall be accepted as settlement: $5.00 7 b. In the event that payment has not been paid prior to the mailing of such Final Notice, and in fact, Final Notice has been mailed, the following amount -; shall be accepted as settlement: $8.00 c. In the event that payment is not made within the time prescribed in the Final Notice, and a Notice to Appear has been served fu,d a Complaint filed in the Circuit Court of Coo~ Comity, payment of any fine and costs shall be in such amounts as may be determined and established by the Circuit Court of Cook County pursuant to Section 19.205 of this Article. ... ... ---T"~ ~ nn '!. C. If any part or parts of this SE;ction shall be held to be unconstitutional, such uncontitutiomility shall not affect the validity of the remaining parts of this Section. The Board of Trustees hereby declares that it would have passed the remaining parts of this Section if it had known that such part or parts thereof would be declared unconstitutional. SECTION 19.207. Penalty. Notwithstanding the provisions of Section 19.204 --"- of this Article, whenever a Police Officer arrests a person because of a violation of Article II of this Chapter, every person, firm, or corporation convicted of a misdemeanor for a violation of any of the provisions of this Article shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist constitutes a separate offense." ECTION TWO: That this Ordinance shall be in full force and effect from and fter its passage, approval, and publication in the manner provided by law. YES: 5 AYS: 0 BSENT: 1 ASSED this J6th day of _ January t 1979. PPROVED this f:: ~::::~:ri.~~;- . -/ 8~'- 16th day of _ January , 1979 . <w ,-...._ :.;: -- - - .t:z'1-~~c' ~<f-- - )/ /J;( ~~_ Village presiflent .~- TTEST: 7 ,Iv!; #14,lj illage Clerk J? uJ~ , I: