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HomeMy WebLinkAboutCOW Agenda Packet 10/11/2005 COMMITTEE OF THE WHOLE AGENDA Meeting Location: Mount Prospect Village Hall 50 South Emerson Street Meeting Date and Time: Tuesday, October 11, 2005 7:00 p.m. I. CALL TO ORDER - ROLL CALL Mayor Irvana K. Wilks Trustee Timothy Corcoran Trustee Richard Lohrstorfer Trustee Paul Hoefert Trustee Michaele Skowron Trustee John Korn Trustee Michael Zadel II. ACCEPTANCE OF MINUTES OF SEPTEMBER 27,2005 III. CITIZENS TO BE HEARD IV. CONSIDER CREATION OF AN ADMINISTRATIVE ADJUDICATION PROGRAM The Village Attorney and staff have been discussing the viability of an Administrative Adjudication process for several years. During the September 27,2005, Committee of the Whole meeting staff recommended the establishment of an Administrative Adjudication process in order to better respond to the variety and volume of the property maintenance and nuisance violations typically addressed annually. The process has been implemented in Park Ridge where they have seen positive results. The Administrative Adjudication process is an alternative due process procedure established to conduct hearings and make findings on violations and assess fines, if necessary. The state statutes allow home rule communities to establish an Administrative Adjudication process. This process would be the venue for hearing all cases currently utilizing the housing court in Rolling Meadows. This process would also become the venue for local ordinance (LO) tickets/complaints written by the police department for non-moving violations. The main advantage of this process is primarily local control and much faster turnaround for compliance or fine assessment. This process would significantly reduce the number and length of continuances since the maximum period is defined in the attached ordinance. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO A TTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODA TION TO PARTICIPA TE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE A T 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327, TDD #847/392-6064. Administrative Adjudication requires similar procedures as a court of law, including notice and service requirements, evidence regulations, judgments, defaults, and appeal procedures. Sample documents are attached for your information in addition to an outline of the adjudication steps and a flow chart illustrating the steps. The hearing officer would be one of the key components to this process to ensure the ordinances are complied with as intended by the Village Board. The hearing officer would typically be an attorney or retired judge, someone with extensive legal experience. The hearing officer would be paid based on per diem rate based on the number of days per month hearings would take place. While an actual hearing location has not yet been recommended, it would be logical to consider the use of the Village Board room or the Police/Fire Training room for this process. Village Attorneys Everette M. Hill, Jr., and Kathleen Henn will be in attendance to facilitate discussion and answer questions. V. REVIEW OF APPENDIX A OF THE MUNICIPAL CODE The Appendix A document is the culmination of over three years of work by staff to identify and consolidate all Village Code sections that relate to fines or fees. The purpose of this effort was threefold and described below. . Complete review and enhancement of the Village fee and fine schedule. . Confirm the consistency of the extensive rewrite of the Development and Building codes. . Correction of any errors in the general text of the Village Code with respect to the existing Appendix A. During the review of the fees and fines some items had not changed in 50 years and the associated fees were so low as to be meaningless and the administrative effort far outstripped the revenue collected. For example, staff could not investigate, cite, and prosecute a violation for less than $100 and many times the actual costs are much higher. So in order to bring the cost of enforcement closer to the actual cost of providing the service or response several minimum mandatory penalties were increased (the draft lists the old fees and fines in the left hand margin beginning on page 12). Applicable Departments reviewed sections of Appendix A that were pertinent to their operation. Staff did not modify any taxes, user fees or license fees. Such items remain the exclusive responsibility of the Village Board. However, in the future when such changes are considered, the use of Appendix A will be the only document that will need to be revised and the body of the specific ordinance including the fee, fine or tax can remain unchanged. Village Attorney Everette M. Hill, Jr., will be in attendance to facilitate discussion and answer questions. VI. VILLAGE MANAGER'S REPORT VII. ANY OTHER BUSINESS VIII. ADJOURNMENT CLOSED SESSION PROPERTY ACQUISITION 5 ILCS 120/2 (c) (5). "The purchase or lease of real property for the use of the public body." REVISED 10/11/05 MINUTES COMMITTEE OF THE WHOLE SEPTEMBER 27, 2005 I. CALL TO ORDER The meeting was called to order at 7:06 p.m., in the Village Board Room of Village Hall, 50 South Emerson Street, by Mayor Irvana Wilks. Present at the meeting were: Trustees Timothy Corcoran, Paul Hoefert, John Korn, Richard Lohrstorfer and Michaele Skowron. Absent from the meeting was Trustee Michael Zade!. Staff members present included: Village Manager Michael Janonis, Assistant Village Manager David Strahl, Community Development Director William Cooney, Deputy Community Development Director Ellen Divita, Senior Planner Judy Connolly, Planner Jason Zawila and Intern Jill Baty. II. APPROVAL OF MINUTES Approval of Minutes from August 9, 2005. A Motion was made by Trustee Korn and Seconded by Trustee Lohrstorfer. The Minutes were approved. Approval of Minutes of Special Budget Workshop of September 13, 2005. A Motion was made by Trustee Korn and Seconded by Trustee Lohrstorfer. Mayor Wilks requested revision to the Minutes under Item "1."-Water Rate/Combined Sewer Plan Confirmation. The Mayor requested the consensus statement of the Village Board be revised. She requested the statement be changed to the following: "Unanimous consensus of the Village Board was to put the sewer rate increase on a Village Board meeting for consideration along with the $5.00 sewer construction fee per customer, per month." A request was also made regarding the consensus statement on Item 6- Revenue Discussion. Mayor Wilks requested the consensus statement be revised to state the following: "There was unanimous consensus of the Village Board to consider the creation of an ambulance fee based on insurance reimbursement amount." "Consensus of the Village Board was to implement a direct garbage charge with the implementation of a toter system in 2006 in combination with the elimination of the vehicle sticker." Minutes were approved with revisions. III. CITIZENS TO BE HEARD None. The Mayor requested the order of discussion items be changed so that the Feral and Stray Cat Control discussion could take place first. 1 IV. FERAL AND STRAY CAT CONTROL DISCUSSION Environmental Health Coordinator Bob Roels provided general information to the Village Board. He stated many of the issues that his Division has had to deal with regarding cats relate to noise, feces, odor and the killing of birds. He stated between 1999 and 2005, they have received 56 service requests at 24 separate locations. He stated many times this situation is a neighborhood issue. He stated there are several options that are available including an option to trap, medical check and then release the cats or license the cats to generate funds necessary for animal control purposes and to encourage responsible ownership. He stated a survey of surrounding communities found that 14 of 30 communities require licenses and 10 of 30 impound strays. An option to lend Village-owned traps would cost approximately $3,000 to purchase traps, trap maintenance and distribution with the assumption that 30 cats per year would be trapped including staff time, transportation costs, instruction and maintenance and possible shelter costs. He stated the expansion of an animal control program usually would fall to the Police Department for this service, however, there are some outsourcing options available. He stated the opportunity to trap, neuter and release would require a partner with a sponsoring organization and caregivers to handle the release and adoption of trapped animals. He stated that the licensing revenue would not cover the approximate cost of such a program. He estimated that even with approximately $16,000 in revenue from licensing of these animals, there would still be a net cost to the Village. He is recommending the Village Code be modified to match the Cook County Code whereby the Village language would state that the animals "may" be captured versus "shall" be captured but without adequate funding source, he is unable to recommend any additions to the existing program. Village Manager Janonis stated that the cost of an animal control program would require approximately two full-time CSOs plus a vehicle to pick up all kinds of animals, not just dogs and cats but this service would likely include all animals, therefore, there would be an additional liability exposure and an annual cost of approximately $150,000. General comments from Village Board members included the following items: There was a concern expressed regarding the release of the animals after a health check up. There were also comments made regarding the administrative cost for license processing and the option to offer the registration tags as a service to residents only for identification purposes. Liz Doughtery, 902 South Can-Dota, spoke. She stated she is aware of 10-15 cats living under the neighbor's shed and is concerned about feces and dead birds and possible disease in her back yard. She would be supportive of the Village entering into a contract for removal with trapping. David Schein, 512 NaWaTa, spoke. He stated the Village should consider licensing cats in order to track whether rabies shots are maintained. Walter Fisher, 904 Can-Dota, spoke. He stated he is concerned about health issues and rabies exposure from these animals. 2 Consensus of the Village Board was to consider the licensing of cats the same as dogs and request staff to provide an estimate for a private contractor to provide animal control services. V. CIRCULAR DRIVEWAYS Community Development Planner Jason Zawila spoke. He stated the Village has seen an increase in requests for driveway expansions as part of the tear down and rebuild phenomenon that is going on in the community. The Planning and Zoning Commission has recommended that driveways remain as a Conditional Use utilizing the lot width, front lot landscaping and the inclusion of decorative material for the surface. Staff has reviewed these recommendations and would suggest that the Board consider allowing circular drives for lots of greater than 75 feet in width and if less than 35% of the front yard coverage in total of hard surface would be allowed in addition to perimeter landscaping. Staff is also suggesting the Planning and Zoning Commission be considered as final on these items. Currently, the driveways are considered as Conditional Uses with the Village Board being final. He stated staff defined the 35% based on coverage already common in residential areas. General comments from Village Board members included the following items: Some concern was raised regarding the width of a circular driveway and the need to consider 10 to 12 foot widths in order for two cars to comfortably be parked side by side. It was also suggested that Village Board remains the only party to consider Conditional Uses regarding driveways in this manner. It was suggested that lot coverage might want to also include front and back yard as part of the consideration for the circular driveway. Planning and Zoning Commission member, Joseph Donnelly, 1104 Juniper, spoke. He stated that the Commission would like direction from the Village Board that is consistent and enforceable and the Commission voiced concerns about work already underway limiting driveway options for residents. Matt O'Meara, 109 MacArthur, spoke. He feels he has been singled out by the Planning and Zoning Commission based on his circular drive request. He feels that as part of the rebuilding of the home on his property, his property is wide enough to accommodate his request. Russ Cecala, 903 Isabella, spoke. He stated that the Village Board should establish regulations for driveway widths based on lot widths. Jeff Everett, 118 North Maple, spoke. He is an architect and feels that a circular driveway in an amenity for the property. He stated that the driveway width should be 12 feet wide and the Village should not mandate brick pavers. In fact, the 35% is too restrictive. Consensus of the Village Board was to consider staff recommendations at an upcoming meeting after additional information is provided with the preferred wider width and its impact on the percentage of lot coverage. 3 VI. OUTDOOR LIGHTING FIXTURES Community Development Director Bill Cooney provided information regarding this topic. He stated lighting regulations were approved in 2000 by the Village Board and at this time he is requesting a few enhancements to those regulations but continue with the spirit of the original Ordinance. He stated the modifications requested include fully recessed bulb and a flat lens requirement within a fully shielded and full cutoff fixture. He is also requesting the Village Board consider the option to use task lighting which is utilized as a spot focus lighting on a specific location like a gas pump at a service station. Dave Toeppen, 409 South Hi-Lusi, spoke. He stated that he is happy with the stance the Village Board has taken regarding community lighting and feels that the recommended changes would save energy and provide lighting necessary without being a nuisance to others. Consensus of the Village Board was to consider staff recommendations at an upcoming meeting. VII. RESIDENTIAL PARKING REGULATIONS - DOWNTOWN DISTRICT Community Development Director Bill Cooney provided a summary of this topic. He stated the staff is bringing this topic forward as part of a review of parking demand in the downtown and comparing that ratio to other towns to determine whether additional parking should be considered for downtown development projects. He stated the downtown parking deck is limited to four hours with business parking allowed beyond that but there may be a need to consider overnight guest parking in the deck in the near future. Developments of the type that are underway and have already been completed in the downtown generally are supposed to rely less on automobiles than in the past. He stated there is a need to build in flexible parking options on site. General comments from the Village Board members included the following items: It was suggested that the ratio be increased for a two bedroom unit to have two spaces per unit and guest parking should be included in the development proposals. It was also suggested that the parking deck can be considered for some parking relief for developments if properly administered. It was also mentioned that there needs to be some discussion regarding potential additional demand with new developments and their impact on the downtown parking. Village Manager Janonis stated that staff will review the parking deck issues and bring back some recommendations to the Village Board at a future date. Consensus of the Village Board was to increase the ratio so that two bedroom units would be required to have a minimum of two parking spaces instead of 1.5 as currently required. 4 VIII. PROPERTY CONSTRUCTION AND MAINTENANCE NUISANCE ABATEMENT Community Development Director Bill Cooney is presenting several staff suggestions to address residential construction work and maintenance nuisance issues with the nine recommendations. 1. Consider the Building Permit as a legal contract so that the Village could act on the contract to ensure compliance. 2. Creation of a construction site maintenance guide for informational purposes. 3. General contractor test for homeowners acting as their own general contractors. 4. Reinspection fee increased to cover the actual costs of reinspection process. The fee has been $25 for over 20 years. 5. Require architectural stamp on plans for projects over $10,000. The $10,000 value would be the construction value related to building modifications and not replacement as in the case of kitchen cabinet work. Consensus of the Village Board was to accept Items 1 through 4 and request additional research and definition from staff regarding architectural stamp requirements and thresholds for project value definitions. 6. Vacant Building Ordinance. The registration of owner information and annual fee whereby a plan would be required for maintenance of the property and staff could respond in a more timely manner when issues occur. 7. Nuisance abatement. This is a further definition to allow the ability the review the abatement options and define "nuisance" more clearly for enforcement procedures. 8. Abatement of nuisances. This would establish a process to address nuisances directly with the property owner by establishing timeframes upfront. 9. Administrative Adjudication. This process would create a due process procedure separate of the existing housing court to address the items that are currently reviewed by the housing court. This would allow quicker turn around for issues as they occur. Consensus of the Village Board was to support the addition of items 6-9. IX. VILLAGE MANAGER'S REPORT Village Manager Janonis stated the Family Bike Ride is scheduled for October 1 and the Mount Prospect Historical Society desk auction is scheduled for October 2. X. ANY OTHER BUSINESS Mayor Wilks stated she attended a ribbon cutting ceremony at 1601 Feehanville Drive welcoming the India Engineering Center to the community. 5 XI. ADJOURNMENT There being no further business to discuss, the Committee of the Whole adjourned at 11 :01 p.m. CLOSED SESSION The Closed Session was cancelled due to the lateness of the even in ~ DAVID STRAHL Assistant Village Manager 6 l\1ount Prospect INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ASSISTANT VILLAGE MANAGER DATE: OCTOBER 5, 2005 SUBJECT: ADMINISTRATIVE ADJUDICATION The Village Attorney and staff have been discussing the viability of an Administrative Adjudication process for several years. During the September 27, 2005, Committee of the Whole meeting staff recommended the establishment of an Administrative Adjudication process in order to better respond to the variety and volume of the property maintenance and nuisance violations typically addressed annually. The process has been implemented in Park Ridge where they have seen positive results. The Administrative Adjudication process is an alternative due process procedure established to conduct hearings and make findings on violations and assess fines, if necessary. The state statutes allow home rule communities to establish an Administrative Adjudication process. This process would be the venue for hearing all cases currently utilizing the housing court in Rolling Meadows. This process would also become the venue for local ordinance (LO) tickets/complaints written by the police department for non-moving violations. The main advantage of this process is primarily local control and much faster turnaround for compliance orfine assessment. This process would significantly reduce the number and length of continuances since the maximum period is defined in the attached ordinance. Administrative Adjudication requires similar procedures as a court of law, including notice and service requirements, evidence regulations, judgments, defaults, and appeal procedures. Sample documents are attached for your information in addition to an outline of the adjudication steps and a flow chart illustrating the steps. The hearing officer would be one of the key components to this process to ensure the ordinances are complied with as intended by the Village Board. The hearing officer would typically be an attorney or retired judge, someone with extensive legal experience. The hearing officer would be paid based on per diem rate based on the number of days per month hearings would take place. While an actual hearing location has not yet been recommended, it would be logical to consider the use of the Village Board room or the Police/Fire Training room for this process. ADMINISTRATIVE ADJUDICATION October 5, 2005 Page 2 The other key component to this process is the clerical support responsible forfollowing up on each violation and filing and processing the required paperwork to maintain the integrity of the process. We feel that this program could be administered by existing staff unless the volume of cases becomes substantial. A sample of all the necessary documents is attached for your information. These documents include: 1. Outline of Steps in the Administrative Adjudication Process 2. DraftOrdinance Establishing the Administrative Adjudication System 3. Draft Ordinance Requiring Payments of Judgments prior to Issuance or Renewal of Village Licenses and Permits 4. Draft Request for Proposal (RFP) to solicit interested hearing officers 5. Draft Checklist for Qualifications of Hearing Officer Candidates 6. Sample Notice of Violation Document 7. Sample Subpoena Form 8. Sample Continuance Order 9. Sample Determination of Liability Form 10. Sample Notice of Final Determination of Liability Form 11. Sample Order of Default Form 12. Sample Order Vacating Default Judgment Form 13. Sample Notice of Denial of Application/Renewal Application Due to Delinquent Debt Please contact me if you have any additional questions. 2D~:5'8J David Strahl H:\VILMlAdmin Adjudication\Cover Memo Recommending AA Process.doc LAW OFFICES RINDA Y. ALLISON TERRENCE M. BARNICLE JAMES P. BARTLEY THOMAS P. BAYER GERARD E. DEMPSEY MICHAEL J. DUGGAN JAMES V. FEROLO E. KENNETH FRIKER BRIAN M. FUNK CYNTHIA S. GRANDFIELD KATHLEEN T. HENN EVERETTE M. HILL, JR. MICHAEL T. JURUSIK JACOB H. KARACA PATRICK A. LUCANSKY KLEIN, THORPE AND JENKINS, LTD. SUITE 1660 20 NORTH WACKER DRIVE CHICAGO, ILLINOIS 60606-2903 ORLAND PARK OFFICE 15010 S. RAVINIA AVE., SUITE 17 ORLAND PARK, IL 60462-3162 TELEPHONE (7081 349-3888 FACSIMILE 17081349-1506 LANCE C. MALINA MICHAEL A. MARRS THOMAS M. MELODY JANET N. PETSCHE DONALD E. RENNER, III SCOTI' F. UHLER GEORGE A. WAGNER ALLEN WALL DENNISG. WALSH JAMES G. WARGO BRUCE A. ZOLNA TELEPHONE (3121 984-6400 FACSIMILE (312)984-6444 FACSIMILE 1312) 606-7077 OF COUNSEL JAMES A. RHODES RICHARD T. WIMMER WRITER'S DIRECT DIAL WRITER'S E-MAIL (312) 984-6424 kthenn@ktjnet.com October 6, 2005 VIA Facsimile (847-392-6022) And U.S. Mail Mr. Michael Janonis Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 Re: Administrative Adjudication System Dear Mr. Janonis: I am writing to provide you with an overview of the administrative adjudication system as currently used by the City of Park Ridge. As Buzz may have info1TI1ed you, Park Ridge began its hearings in March 2005. Park Ridge holds administrative adjudication hearings on the second Tuesday of the month, and it has two calls on that date. At 1 :00 p.m., the housing and building code issues are heard by the hearing officer. At 2:00 p.m., parking tickets and other code violations such as underage drinking, disorderly conduct, and curfew violations are heard by the hearing officer. The City plans to include overweight truck violations as part of the administrative adjudication system, but the City has not issued any of those tickets yet. We have handled a range of between two and nine housing cases per month and a range of twenty to fifty cases involving parking and other local ordinance violation. Prior to implementing the system, I participated on a committee that included the assistant city manager, representatives from the Finance Department, the traffic compliance officer from the Police Department and members of the Building Department to discuss how to set up the system. We discussed staff availability for administering the system as well as for handling the hearing dates. We also discussed the types of violations that were to be handled in COUlt versus in the administrative adjudication system. We decided to start with just parking and building issues to keep it simple until the system itself was in place for a few months. We also worked together to develop the ticket forms to be used and the procedures to be put in place at the City. We drafted the following forms: ticket; notice of hearing for those who request hearing of P ticket; subpoena, appearance; default order form; order ordering community service; continuance order; and final determination of liability. iManage 162164 1 Prior to issuing tickets to be heard before the administrative adjudication hearing officer, I met with the officers and building inspectors who would be issuing tickets to review the ticket forms and explain how the process would work. The committee also interviewed and selected a hearing officer. Approximately one month prior to the first hearing date, we met with the hearing officer to review how the system was intended to work and to obtain his input based on his experience in other municipalities. Since March, we have added numerous other violations to the list of those handled administratively. We believe it worked well to start with fewer violations. We have also used the hearings as a way to discover and correct problems with enforcement of various sections of the City's Municipal Code. We have amended various sections of their Code to address particular violations that were dismissed by the hearing officer and have been successful in correcting those issues. In addition, the City decided to bring the underage drinking matters before the administrative adjudication hearing officer and made arrangements for a community service option to be offered to cover half of the fine. As a result, most minors who receive tickets for underage drinking plead guilty and are ordered to pay a $250.00 fine and to complete twenty-five hours of community service within a sixty-day period. Each month, the administrative assistant to the assistant city manager compiles all the tickets to be heard that month and prepares a docket sheet that lists the name of the offender, the offense alleged, and the name of the officer who wrote the ticket. The docket also includes a column to write in the hearing officer's ruling. I review the tickets and the docket sheet a few days before the hearing date to determine whether there are any concerns or que~tions to discuss with the police officers. For the housing and building code violations, I meet with each inspector who issued a ticket to discuss the facts of those cases on the day of the hearing. The administrative assistant also compiles the necessary forms to draft orders, to complete appearance forms and to advise offenders of the availability of community service for certain violations. On the day of the hearings, the City has one or two staff members, depending on availability, check the offenders in. In addition, the administrative assistant functions like a court clerk and handles the tickets as well as the orders entered. She also handles the tape recording of the proceedings and calls the individual cases after the hearing officer gives an opening statement. The hearing officer's opening statement advises the offenders of how the process works, including their rights to appeal the matter to the circuit court, and swears in all those who will testify. At least one staff memoer n:om tIle FiIiance Department checks the individuals in prior to the hearing and checks the individuals out after the hearing. After the hearing, if found guilty, the individual is instructed to show the hearing officer's order to the Finance Department representative and to obtain a receipt used by the Finance Department to process payment of the fine imposed. For the I :00 p.m. call, I am present as the City prosecutor and the inspectors are present to testify. As you know, the proceedings are not as formal as court proceedings and the inspectors typically provide a narrative for the hearing officer rather than responding to a direct examination. For the 2:00 p.m. call, I also act as City prosecutor, but the police officers are not present. The City's Code provides that the ticket is prima facie proof of the offense. Therefore, it is unnecessary for the police officers to appear except on rare occasions. My role as a prosecutor is to respond to any legal issues that may arise. Usually, the issue that arises is an interpretation of the relevant Code provision. In addition to addressing specific issues, I meet with the offenders who have been charged with violations other than parking violations to determine whether we can enter into an agreed order. The City also provides a police officer to provide security in the City Council Chambers, where the hearings take place. At the end of the call, the hearing officer states for the record that all those who iManage ]62164 I failed to appear will be served with a default order and authorizes the administrative assistant to send out the default order. The costs associated with running the administrative adjudication system include costs of the hearing officer's time, the prosecutor's time and staff time. We estimate approximately four and a half hours of time for the prosecutor on the day of the hearings and another hour or so throughout the month. We estimate that the hearing officer charges for three and a half to four hours of time on the day of the hearings. We estimate that the administrative assistant spends approximately thirty-five percent of her time working on the administrative adjudication system and the Finance Department staff spend about three days a month preparing for the hearings, attending the hearings and sending out the necessary paperwork after the hearings. To date, it has been the City's experience that most people who appear pay their tickets on the day of the hearing or within ten days, as required by the Code. The City has not had as good of luck obtaining payment from those individuals who default by not appearing. In general, there are between five and eight people per month who fail to appear. We have had only one individual file an appeal in the circuit court. An agreement was reached and the appeal was dismissed. Based on my experience in working with Park Ridge staff to set up and implement Park Ridge's program, I recommend that the following issues are reviewed and discussed by the Village as part of setting up such a system in Mount Prospect: 1. What types of violations will be handled administratively versus in court 2. What type of training is required for those who will be issuing tickets 3. Will the Village obtain computer software to generate some of the paperwork involved and, if not, what staff will be utilized to generate and maintain the paperwork 4. Who will develop the forms and procedures to be used 5. How will you choose a hearing officer and who will be involved in the decision 6. Should there be a provision in the code for parking violators to contest the ticket by mail If you have any questions or would like any additional information, please feel free to contact me. In addition, if you or any of your staff would like to come observe Park Ridge's system, please let me know. Sincerely, KLEIN, THORPE & JENKINS, LTD. t~0 Kathleen T. Henn cc: Everette M. Hill, Jr. George A. Waguer iManage 162]64 1 VILLAGE OF MOUNT PROSPECT STEPS IN THE AMINISTRA TIVE ADJUDICATION PROCESS 1. Prepare the Notice of Violation. a. The Notice may be issued by a Village officer or employee authorized to exercise Code enforcement authority. b. In order to set out a prima facie case, the Notice of Violation must include all required information as set fOlih in Municipal Code S8.21 08(B). It must be filled out completely, with no missing infonnation. c. The applicable Section(s) of the Municipal Code that Respondent has violated must be clearly described, along with a specific description of each element of conduct or circumstance that demonstrates the violation(s). 2. The Notice of Violation can include the date of the administrative hearing. a. The matter must be set for heating "with reasonable promptness," but not less than fifteen (15) days after the date of service in non-emergency cases (i.e., those that do not reasonably constitute a threat to the public interest, safety or welfare). b. In emergency cases, the hearing can be set for a date less than fifteen (15) days after the date of service. c. The "date of service" is the date of personal service, or if served by mail, the date the Notice of Violation is deposited for delivery. 3. Serve the Notice of Violation. The Notice of Violation may be served by any of the following methods of service: a. By first class mail or by overnight or two-day commercial delivery service at the Respondent's last known address or if the Respondent is a business entity, at any address identified for its registered agent or at its principal place of business; b. By personal service; c. By posting upon the property that is the site of the alleged violation(s) when the Respondent is the owner or person in control of the property; or d. By any other means pennitted by law for service of civil summons. 4. Notify Respondent of the Hearing if Necessary. If the date for the hearing is not included in the Notice of Violation, the Administrative Hearings Supervisor must select a hearing date and give the Respondent written notice of the date, time, and place of the hearing in the manner set forth above and at least fifteen (15) days prior to the hearing, except for an emergency case. 5. Administrative Hearing. iManage 15746] ] I a. The hearing must be held on the date set for hearing in the Notice of Violation. b. A continuance, for no longer than two (2) months, may be granted by the Hearing Officer for good cause shown only. Lack of preparation is not grounds for a continuance. c. The Village and Respondent may ask the Hearing Officer to issue subpoenas. d. The Village may be represented by a Village employee, or by an attorney designated by its corporation Counsel but not by an employee or other representative of the Office of Administrative Hearings. However documents prepared by such employee may be presented as evidence. 6. Default Judgment a. If the Respondent or his/her attorney fails to appear at the scheduled time, date and location for the hearing, the Administrative Hearing Officer may enter a default judgment of liability against the Respondent and impose fines and assess costs. b. A copy of the Default order must be promptly served upon the Respondent in the manner set forth above. The Default order should be mailed to the Respondent on the day it is entered, if possible, or as soon thereafter as it may be done. 7. Motion to Set Aside the Default Judgment. a. The Respondent may file a motion to set aside the Default judgment within 21 days of entry of the default judgment excepting Saturdays, Sundays, and holidays, or at any time if a motion is filed on the basis of lack of personal or subject matter jurisdiction. b. The motion to set aside must include the reason that the Respondent failed to appear on the date for the hearing. c. If the Hearing Officer grants the motion, a hearing will be held immediately unless either party shows good cause for a continuance as described above. d. If the Default judgment is set aside, the Hearing Officer may enter an order extinguishing any lien that has been recorded in relation to the Default judgment. 8. Compliance Bond a. Review of the Compliance Bond: 1. If a Compliance Bond has been ordered, the Village Manager may review it and require modifications as to fonn and amount. 11. The Village Manager must, upon request of the Respondent, review the bond to determine that it ensures Respondent's timely compliance with an order of compliance, and that the amount of the bond is reasonably related to the cost of compliance. iManage 157461 I 2 111. The Respondent may also request judicial review of an order to secure bond. Ifthe Respondent succeeds on this motion, the Village must release the bond and refund any funds drawn against the bond within 30 days of receiving the order from the court. b. Drawing on the Compliance Bond: 1. If the Respondent fails to comply in a timely manner, no earlier than the date set for compliance in the Hearing Officer's Final Detennination, then the Village may request that the Hearing Officer issue an order authorizing the Village to draw against the bond in an appropriate amount for the cost of undertaking the remediation or other related expenditure of funds. 11. Prior to allowing the Village to draw on the compliance bond, the Respondent must be given notice and an opportunity to be heard, in the manner set forth above. c. Return of Bond Funds to the Respondent: 1. Upon receiving proof of compliance with the Code provision(s) found to have been violated, the Heming Officer may order the Village to return the bond amount, less the reasonable costs incurred by the Village, to the Respondent. 9. Enforcement of the Judgment a. Failure to pay the fine as ordered: 1. After the time for seeking judicial review has passed, the Respondent must be given Notice of a Final Determination of Liability in the manner for service set forth above in Paragraph 3. The Notice should include reference to the penalty of denial of a license or permit, or renewal of same, etc., as set forth in Section 8.2202. 11. If the Respondent fails to pay the amount of the judgment within fourteen (14) days after service of the Final Determination of Liability: 1. The Village may enforce the judgment by any remedy available by law, including filing a lien and denying issuance or renewal of permits or licenses under Article XXII of Chapter 8 of the Code. 2. The Administrative Hearings Supervisor should notify the Departments that no licenses or pennits should be issued or renewed. 3. Upon respondent's application for a license or pelmit, or renewal of same: a. The responsible Department must notify respondent of his/her ineligibility due to the delinquent debt. The notice must comply with Section 8.2203(B). iManage 157461 1 " .) b. The Finance Department must provide respondent with a written description of the delinquent debt at his/her request. c. Respondent must appeal the denial within 10 business days of the date of the notice in a. above. Appeal is to the Village Manager or designee. The hearing must be held within 15 business days of the appeal request and is based solely upon a review of whether the debt was satisfied and was issued against respondent. The Manager must issue a written order no more than 15 business days after the conclusion of the hearing. His decision is subject to administrative review. b. Failure to remedy the Code violations: i. The Village may petition an Administrative Hearing Officer or an appropriate court to fix the amount of expenses incurred by the Village to enforce the Hearing Officer's order, including but not limited to attorney fees, court costs and costs related to property demolition or foreclosure. 11. Prior to fixing the amount of expenses, the Respondent must be given notice that directs the Respondent to appear at a hearing to determine whether the Respondent has failed to comply with the order, in accordance with Code Section 8.2112(D). iManage ) 57461 I 4 FLO\V CHART OF ADMINISTRATIVE ADJUDICATION PROCESS Continuance not more than 2 months Hearing iManage 157461 I Notice of Violation At least 15 days, unless emergency Hearing c::J order final unless vacated within 21 days or unless contest subject matter or personal jurisdiction after 21 days: I Order final I 5 Determination of Liability 35 days for judicial review, if found liable if no judicial review: Notice of Final Detennination of Liability 14 days after notice: Lien, denial of permits or licenses if fail to pay fine and/or costs ordered in Detelmination of Liability ORDINANCE NO. AN ORDINANCE ESTABLISHING CHAPTER 8, ARTICLE XXI, ADMINISTRATIVE ADJUDICATION SYSTEM, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Illinois Legislature has, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq., authorized home rule municipalities to provide by ordinance for a system of administrative adjudication of municipal code violations to the extent permitted by the Illinois constitution, excluding a) proceedings not within the statutory or home rule authority of municipalities; b) any offense under the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., or a similar offense that is a traffic regulation governing the movement of vehicles; and c) any reportable offense under Section 6-204 of the Illinois Vehicle Code, 625 ILCS 5/6-204; and WHEREAS, the Village of Mount Prospect is an Illinois Home Rule municipality; and WHEREAS, the Village Board of the Village of Mount Prospect is desirous of establishing a system of administrative adjudication pursuant to 651LCS 5/1-2.1-1, ef seq., to adjudicate violations of the Mount Prospect Village Code; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1. CHAPTER 8 OF THE MOUNT PROSPECT VILLAGE CODE, as amended, is hereby further amended by adding a new Article XXI to Chapter 8, which shall be titled ARTICLE XXI, ADMINISTRATIVE ADJUDICATION SYSTEM, to be and read as follows: SECTION 8.2101 : CREATION OF ADMINISTRATIVE ADJUDICATION SYSTEM: iManage 113039 1 A. Pursuant to Division 2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1, ef seq., which authorizes municipalities to implement a system of administrative adjudication, there is hereby created a system of administrative adjudication of charges of Code violations for the Village of Mount Prospect. The system will authorize a hearing officer to conduct adjudicatory hearings of cases instituted by Village Departments. B. The Village adopts Division 2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1, ef seq., as it may be amended from time to time. In the event of a conflict between-said statutes and this Article, this Article shall prevail. C. The adoption of this Article does not preclude the Village from using other lawful methods to enforce the provisions of this Code. SECTION 8.2102: PURPOSE: The purpose of the Administrative Adjudication System of charges of Code violations is to provide a procedure by which charges of Code violations can be equitably and efficiently adjudicated administratively by an Administrative Hearing Officer. SECTION 8.2103: JURISDICTION: Those matters subject to the Administrative Adjudication System provided for by this Article are charges of violation of any regulation of the Village of Mount Prospect, so long as the relief sought is not a penalty of incarceration or a total fine in excess of $50,000, excluding allowable costs. The $50,000 limitation shall not apply to those cases brought to enforce the collection of any tax imposed and collected by the Village. SECTION 8.21 04: ADMINISTRATIVE HEARINGS SUPERVISOR: There is hereby established the Office of Administrative Hearings Supervisor. That Office shall be directed by an Administrative Hearings Supervisor, who shall be the Village Manager, or his designee. The Administrative Hearings Supervisor's function is to expedite the prosecution and/or correction of Code violations subject to the jurisdiction of the Administrative Adjudication System. The Administrative Hearings Supervisor is authorized to manage the administrative adjudication process in the manner provided for in this Article, which shall include determining the qualifications of Administrative Hearing Officers, appointing Administrative Hearing Officers, and establishing such rules and regulations, as may be necessary for the effective operation of the Administrative Adjudication System. The Village Manager may also appoint other persons to assist with the Administrative Adjudication System provided for in this Article. SECTION 8.21 05: QUALIFICATIONS OF ADMINISTRATIVE HEARING OFFICER iManage ] 13039 I 2 r Prior to conducting administrative adjudication proceedings under this Article, the Administrative Hearing Officers shall have successfully completed a formal training program that includes the following: a. Instruction on the rules of procedure of the administrative hearings over which the Administrative Hearing Officers shall preside; b. Orientation to each subject area of the code violations they will adjudicate; c. Observation of administrative hearings; and d. Participation in hypothetical cases, including ruling on evidence and issuing final orders. In addition, an Administrative Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least three (3) years, and be in good standing with the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. An Administrative Hearing Officer must also not be a resident of the Village of Mount Prospect. SECTION 8.2106: SCOPE OF AUTHORITY OF ADMINISTRATIVE HEARING OFFICERS: Administrative Hearing Officers shall preside over adjudicatory hearings. The authority of an Administrative Hearing Officer shall encompass all acts necessary to conduct fair and impartial adjudicatory hearings, including, but not limited to: A. Hearing testimony and accepting evidence that is relevant to the existence of the code violation. B. Administering oaths and affirmations to witnesses. C. At the request of any party or on the Administrative Hearing Officer's own motion, issuing subpoenas for the attendance of relevant witnesses and/or the production of relevant books, records, or other information. D. Preserving the record of the hearing, including all exhibits and evidence admitted into the record at the hearing. E. Issuing a determination based upon a review of the notice of violation, citation, other charging document (hereinafter, "charging document") and on the evidence admitted, which determination shall be final for purposes of judicial review under the Illinois Administrative Review Law. The determination shall be in writing, shall be signed by the Administrative Hearing Officer, shall be designated as findings(s), decision, and order, and shall include the fine, penalty or action with which the respondent must comply. F. Upon finding a respondent liable for violating one or more charged Code provisions: iManage 113039 J 3 (1) Imposing penalties as provided by the governing penalty provision, except, however, that in no event shall an Administrative Hearing Officer have authority to (i) impose a penalty of incarceration, or (ii) impose a fine in excess of $50,000, excluding allowable costs. When applicable, each day a Code provision is found to have been violated by the respondent shall constitute a separate offense, and each separate offense subjects the respondent to the penalty provided by the governing penalty provision. (2) Imposing, in addition to fines, administrative and/or enforcement costs and, when applicable, imposing costs incurred by the Village for effecting compliance with Code provision(s) for which a respondent has been found liable. (3) Ordering, notwithstanding fines imposed or costs assessed, the respondent to comply with Code provision(s) found to have been violated, and, if appropriate, ordering the respondent to post a compliance bond as provided by Section 8.2111 (8)(1) (4) Ordering, regardless of fines imposed or costs assessed, the respondent to perform a term of community service. G. Adhering to the policies, procedures, and legislation set forth in the Village Code, except where discretion is specifically vested in the Administrative Hearing Officer; provided, however, that an Administrative Hearing Officer is authorized to waive the fine and/or costs that otherwise would be imposed upon finding a respondent liable for one or more Code violations when the Administrative Hearing Officer specifically finds as a matter of fact that the violation(s) occurred under such circumstances that, as a reasonable person, would constitute an excuse for the violation(s). H. Asking questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and the record. I. Regulating the course of the hearing in accordance with this Article, the rules adopted by the Administrative Hearings Supervisor for the conduct of administrative hearings, and other applicable law. SECTION 8.2107: ADMINISTRATIVE HEARINGS: A. All administrative hearings conducted by the Office of Administrative Hearings are open to the public and shall be presided over by aduly appointed Administrative Hearing Officer who is charged with providing the parties a full and fair opportunity to be heard. B. The Village shall not be represented by anemployee or other representative of the Office of Administrative Hearings Supervisor, provided, however, that documentary iManage 113039 1 4 eVidence, prepared by another Department of the Village and submitted to the Office of Administrative Hearings, may be presented at the hearing by the Administrative Hearing Officer. C. All administrative hearings shall be conducted on the date set for hearing. For good cause shown, a continuance may be granted atthe discretion of the Administrative Hearing Officer. The purpose of administrative hearings is to provide a prompt resolution of alleged Code violations, and accordingly, the request for, and the grant of, continuances shall be curtailed to the extent fairness permits. Lack of preparation shall not be grounds for a continuance. Continuances shall not be granted for more than two (2) months. D. The Administrative Hearing Officer may issue subpoenas. E. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. F. The Administrative Hearing Officer shall permit persons to contest the merits of an alleged vehicular violation subject to the administrative adjudication procedures of this Article without attending a hearing. Any person, who wishes to contest a vehicular violation, must file a notarized statement of facts specifying grounds for contesting the violation notice, which must be filed with the Office of Administrative Hearing Officer, postmarked within ten (10) days of the issuance of the notice of violation. The request shall be deemed filed, if postmarked by the due date herein specified. The submission of a notarized statement of facts is a waiver of the person's right to a personal appearance and the Administrative Hearing Officer will. make his/her decision based upon the notarized statement of facts submitted by the person and the facts contained in the notice of violation(s). G. No violation may be established except upon proof by a preponderance of the evidence; provided, however, that the original or a legible copy of the charging document, issued in accordance with the applicable provisions of this Code, shall be prima facie evidence of the correctness of the facts specified therein. H. The Administrative Hearings Supervisor shall determine the manner in which the record shall be preserved. Such preservation may be made by tape recording or other appropriate means. Recording by any means by any member of the public is prohibited unless expressly authorized by the Administrative Hearings Supervisor. The record of all hearings before an Administrative Hearing Officer shall include a copy of the findings, decision, and order of the Administrative Hearing Officer's final determination. I. At the conclusion of a hearing, the Administrative Hearing Officer shall issue his final determination. If the Administrative Hearing Officer issues a final determination of liability, he may impose fines, assess costs, and make orders, all as provided by Section 8.21 06(F), iManage 113039 1 5 and as are consistent with the specific Code provision(s) found to have been violated. J. At the conclusion of the hearing, the Administrative Hearing Officer shall inform the parties orally and in writing of his determination, which determination constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Law. Based on the charging document and the evidence admitted, the Administrative Hearing Officer may issue the following determinations: liable, not liable, . or liable upon a plea of no contest. The Administrative Hearing Officer also may dismiss the case with or without prejudice or grant a properly made motion by the Village voluntarily dismissing the case. SECTION 8.2108: PROCEDURE: All matters to be adjudicated by the Office of Administrative Hearings shall be commenced against the party alleged to have violated one or more Code provisions by issuing and serving upon that party a charging document and shall be conducted in accordance with the following procedures: A. The charging document shall be issued by a Village officer or employee authorized to exercise Code enforcement authority and served as provided for in Section 8.2108(C). B. (1) Any charging document issued pursuant to this Section 8.2108 shall contain the following information: (a) The name; Village Department; position; and identification number, if applicable, of the person issuing the charging document; (b) The name and address of the person or entity being charged with one or more Code violations ("respondent"); (c) The name and address ofthe person to whom the charging document is given if that person is not the respondent; (d) The section(s) of the Code alleged to have been violated; (e) The date, time, and place of the alleged violation(s); (f) A legally sufficient description of the activity or conduct alleged to constitute a violation of each Code section set forth in the charging document or a legally sufficient description of the facts giving rise to the allegations set forth in the charging document; (g) The complainant's name if the complainant is not the issuing Village officer or employee. iManage 113039 I 6 The Village. officer or employee shall certify the correctness of the information required by this Subsection 8.2108(8)(1) by signing his name to the charging document to be issued. Compliance with this Subsection 8.2108(8)(1) shall establish a prima facie case. (2) A charging document issued pursuant to Subsection 8.2108(8)( 1) also shall set forth (a) the date, time and place of the adjudicatory hearing to be held with respect to the violation(s) alleged in the charging document and (b) the legal . authority and jurisdiction under which the hearing will be held. C. (1) Said hearing shall be scheduled with reasonable promptness, provided that for hearings scheduled in all non-emergency situations, the respondent shall have at least 15 days after service of process to prepare for a hearing if requested by the respondent. For purposes of this subsection, "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety or welfare. (2) The respondent named in a charging document shall be given notice of the date of the adjudicatory hearing which may appear on the face of the notice of violation, citation, or other charging document. Notice of the hearing date may be given in any of the following ways: (i) by first class mail or by overnight or two-day commercial delivery service at the respondent's last known address or if the respondent is a business entity, at any address identified for its registered agent or at its principal place of business; or, (ii) by personal service, (iii) by posting upon the property that is the site of the alleged violation(s) when the respondent is the owner or person in control of the property, or (iv) by any other means permitted by law for service of civil summons. (3) If service is provided by first class mail or by overnight or two-day commercial delivery service, the 15-day period shall begin to run on the day that the notice is deposited in the mail or given to the commercial delivery service, as applicable. D. The original or a legible copy of the notice of violation, citation, or other charging document shall be filed with the Office of Administrative Hearings as soon as practicable at the place and in the manner as the Administrative Hearings Supervisor directs. Upon receiving the original or legible copy of the charging document, the Administrative Hearings Supervisor shall select a hearing date and give respondent notice of the date, time, and place of the hearing in the manner set forth in Subsection 8.21 08(C), unless the charging document sets forth the date, time, and location of the hearing and was served personally on the respondent. E. Parties to an adjudicatory hearing may be represented by an attorney or other agent, present witnesses, and cross-examine opposing witnesses. Parties may request the Administrative Hearing Officer to issue subpoenas. iManage ] 13039 1 7 SECTION 8.2109: REPRESENTATION AT HEARINGS: A. Village Representation: The case for the Village may be presented by a Village employee, or by an attorney designated by the corporation Counsel but not by an employee or other representative of the Office of Administrative Hearings except as allowed by Section 8.21 07(B). B. Respondent Representation: The case for the respondent may be presented by the respondent or by an attorney or agent of the respondent. An attorney or agent appearing at an adjudicatory hearing on behalf of a respondent shall present the Administrative Hearing Officer with a signed appearance form stating, on oath or affirmation, that he or she has been authorized by the respondent to represent the respondent at the hearing. SECTION 8.2110: DEFAULT: A. If at the time set for hearing, the respondent, or his attorney or agent of record, fails to appear, the Administrative Hearing Officer may enter a default judgment of liability against the respondent and impose fines and assess costs. A copy of the order of default shall be served in any manner permitted by this Article and applicable to the violation. A copy of the default judgment, which constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Law, shall apprise the respondent of the procedure for setting aside the default judgment and shall also apprise the respondent of the availability of an appeal of the default judgment to the Circuit Court of Cook County. The default judgment shall be mailed promptly to the respondent as provided by Section 8.21 08(C)(1). B. A respondent against whom a default judgment has been entered may file a motion with the Office of Administrative Hearings to set aside the default judgment and request a new hearing. A motion to set aside a default judgment may be filed at any time if the respondent alleges lack of subject matter or personal jurisdiction; in all other cases, the motion must be filed within 21 days of entry of the default judgment excepting Saturdays, Sundays, and holidays. A motion to set aside a default judgment shall set forth the reason(s) the respondent failed to appear on the original hearing date. An Administrative Hearing Officer shall hear and rule on the motion. If the Administrative Hearing Officer grants the motion, a hearing will be held immediately on the alleged Code violation(s) set forth in notice of violation, citation, or other charging document unless the respondent requests another hearing date and presents good cause for continuing the hearing. C. If any default judgment is set aside pursuant to this Section 8.2110, the Administrative Hearing Officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the Village as a result of the vacated default judgment. iManage I 13039 ] 8 r SECTION 8.2111 FINES; COMPLIANCE BOND: A. All fines and other monies to be paid to the Village in accordance with this Article shall be remitted to the Village and deposited in the appropriate Village account as designated by the Village Manager. All fines and other payments must be made within ten (10) calendar days. 8. (1). In order to ensure that Code violations are remedied in a timely manner, an Administrative Hearing Officer, upon issuing a determination of liability that includes an order of compliance, may order the respondent in the case to obtain a bond to ensure respondent's timely compliance with the Code provision(s) found to have been violated. Any bond ordered pursuant to this Subsection 8.2111(8)(1) shall name the Village as beneficiary and shall be in the amount specified by the Administrative Hearing Officer, provided that the amount of the bond shall be reasonably related to the cost of compliance. Any bond issued as a result of an Administrative Hearing Officer's order is subject to review and modification by the Village Manager as to form and amount. If the respondent fails to remedy in a timely manner the Code violation(s) for which a bond has been ordered and issued and the Village undertakes remediation or otherwise expends funds related to the Code violation(s) for which a bond has been ordered and issued, the Administrative Hearing Officer, after giving the parties notice and opportunity to be heard, may issue an order permitting the Village to draw against the bond in an appropriate amount. The Administrative Hearing Officer shall order the bond amount, less the reasonable costs incurred by the Village, returned to the respondent upon proof of compliance with the Code provision(s) found to have been violated. (2). In the event that a respondent, who was ordered to secure a bond as provided by Subsection 8.2111 (8)(1), seeks judicial review of that portion of the Administrative Hearing Officer's order requiring a bond and prevails on that issue, the Village shall release the bond, and if the Village has drawn against the bond, the Village shall refund to the respondent the total amount drawn within 30 days of receiving a copy of the reviewing court's mandate. SECTION 8.2112: ENFORCEMENT OF ADMINISTRATIVE HEARING OFFICER'S ORDER: A. Any fine and any administrative, enforcement, or compliance costs imposed by an Administrative Hearing Officer's order that remain unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures, unless stayed by a court of competent jurisdiction, shall be a debt due and owing the Village and may be collected in accordance with applicable law. 8. After the expiration of the period for which judicial review may be sought, unless stayed by a court of competent jurisdiction, the determination of liability of an Administrative Hearing Officer may be enforced in the same manner as a judgment entered iManage 113039 1 9 by a court of competent jurisdiction. At such time, the Administrative Hearings Supervisor shall send a notice of final determination of liability to respondent. C. Any fine, penalty, and/or cost remaining unpaid after the notice offinal determination of liability is sent shall constitute a debt due and owing the Village. Failure of the respondent to pay such fine or penalty within fourteen (14) days ofthe notice may result in a lien against the respondent's property (and foreclosure of such a lien) or such other remedies as may be available by law, including the denial of the issuance or renewal of licenses or permits pursuant to Article XXII of this Chapter 8. O. In any case in which a respondent fails to comply with an Administrative Hearing Officer's order to correct a Code violation, any expenses incurred by the Village to enforce the Administrative Hearing Officer's order, including but not limited to attorney's fees, court costs and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or an Administrative Hearing Officer, shall be a debt due and owing the Village. Prior to any expenses being fixed by an Administrative Hearing Officer pursuant to this Subsection 8.2112(0), the respondent shall be provided with notice that directs the respondent to appear at a hearing before an Administrative Hearing Officer to determine whether the respondent has failed to comply with the Administrative Hearing Officer's order. The notice shall set the place and the time for the hearing, which shall not be less than seven days from the date the notice is served. Notice may be served by first class mail or by an overnight or 2-day commercial delivery service and the seven-day period shall begin to run on the date that the notice was personally served, deposited in the mail or placed with the overnight or commercial delivery service. E. Nothing in this Section shall prevent the Village from enforcing or seeking to enforce any order of an Administrative Hearing Officer in any manner provided by law. SECTION 8.2113: ELECTION OF REMEDIES: In no case may the Office of Administrative Hearings conduct an adjudicatory hearing for an alleged Code violation where the remedy provided for is a punishment of imprisonment. Nothing in this Article, however, shall preclude the Village from petitioning a court of competent jurisdiction to adjudicate any ordinance violation or an ordinance violation, which provides the remedy of imprisonment, or from petitioning a court of competent jurisdiction to impose the remedy of imprisonment for failure to comply with an order of an Administrative Hearing Officer. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. iManage 113039 1 10 AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of ,2005. Irvana K. Wilks, Village President ATTEST: M. Lisa Angell, Village Clerk iManage 113039 1 11 ORDINANCE NO. AN ORDINANCE ESTABLISHING ARTICLE XXII OF CHAPTER 8, PAYMENT OF ADMINISTRATIVE JUDGMENTS PRIOR TO ISSUANCE AND RENEWAL OF LICENSES AND PERMITS, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the President and Board of Trustees of the Village of Mount Prospect are committed to the maximum utilization of its System of Administrative Adjudication, and WHEREAS, upon the exhaustion of, or failure to exhaust, judicial procedures for review of a final determination issued by an Administrative Hearing Officer, any fine, penalty or cost due and owing to the Village of Mount Prospect is a lawful debt owed to the Village of Mount Prospect (hereafter "final monetary judgment"), and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has determined that prompt collection of final monetary judgments is necessary and appropriate, and WHEREAS, financial responsibility through the payment of final monetary judgments is encouraged by conditioning the issuance and renewal of licenses and permits on such payment, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Chapter 8 of the Village of Mount Prospect Village Code, as amended, is amended further by adding a new Article XXII to Chapter 8, which shall be iManage 113040 I titled ARTICLE XXII, PAYMENT OF ADMINISTRATIVE JUDGMENTS PRIOR TO ISSUANCE AND RENEWAL OF LICENSES AND PERMITS, to read as follows: 8.2201 Notice of Final Determination of Liability. If any fine, penalty, and/or cost is owing and unpaid after a determination of liability pursuant to Article XXI of Chapter 8 of the Village Code, has become final and the respondent has exhausted or failed to exhaust judicial procedures for review (hereinafter the "delinquent debt"), the Administrative Hearings Supervisor shall cause a notice of final determination of liability to be sent to the respondent, which notice may be the same notice as provided in Article XXI, or an additional notice. The notice shall state the action authorized pursuant to Section 8.2202 of this Article, in the event that the delinquent debt is not paid. 8.2202 Failure to Pay Fine or Penalty After Notice - Action authorized. If respondent fails to pay the delinquent debt within fourteen (14) days after the date of service of the notice of final determination of liability, as provided in Section 8.2201 of this Article, the Village of Mount Prospect may take the following actions in addition to any debt-collection authorized by law: A. Decline to issue or renew any license, permit, zoning variance, or other permission requested and/or applied for by respondent under Chapters 7, 9, 10, 11, 12, 13, 14 or 21 of the Village of Mount Prospect Code or any other applicable Village Code until respondent pays such debt; and/or B. Decline to issue or renew residential parking permits, temporary residential parking permits, or any other permit requested and/or applied for by respondent under iT\'lanage I] 3040 I 2 any Chapter of the Village of Mount Prospect Village Code, until respondent pays such debt. 8.2203 Notification of Licensing Department and Respondent; Hearing. A. If respondent fails to pay such delinquent debt within the fourteen (14) day period, the Administrative Hearings Supervisor shall notify the Departments responsible for issuing the licenses and permits described in Section 8.2202 of this Article, that said respondent has a delinquent debt, and that no licenses or permits may be issued to the respondent until the debt has been fully satisfied. B. At or prior to a respondent's request or application for a license or permit, or for a renewal of such license or permit, the Department responsible for issuing the license or permit shall notify the respondent that he or she is ineligible for issuance or renewal of such license or permit due to the delinquent debt. The notice shall inform the respondent that he or she may request a description of the outstanding debt from the Village Finance Department, and shall inform the respondent of his or her right to appeal the denial of the license or permit under this section. If notice is provided by mail, it shall be sufficient to mail the notice to the last address provided by the respondent to the issuing Department. Notice may be served by first class mail or by an overnight or 2-day commercial delivery service and the date of service shall begin to run on the date that the notice was personally served, deposited in the mail or placed with the overnight or commercial delivery service. C. Upon the respondent's request, the Village Finance Department shall provide the respondent with a written description of his or her delinquent debt. Respondent shall iManage 113040 I 3 have ten (10) business days from the date of notice to appeal the department's denial by requesting a hearing before the Village Manager, or his designee. D. Requests for hearing shall be made in writing to the Village Manager's Office. A request for hearing shall include: the full name, address and telephone number of the respondent; a written statement signed by the respondent setting forth facts, law or other information relevant to establishing a defense to the Department's denial; a copy of the notice provided to the respondent by the license/permit-issuing department under this subsection; and, any documentary evidence that supports the respondent's appeal, including receipts for the payment of the delinquent debt. Upon receipt of a timely and proper request for a hearing, the Village Manager or his designee shall assign a hearing date no later than 15 business days after the date of request. The hearing shall not be continued without the consent of the respondent. The Village Manager, or his designee, shall determine whether or not the respondent is ineligible for a Iicense(s) or permit(s) pursuant to this section. E. The hearing shall comply with the following provisions: (1) The Village Manager, or his designee, shall abide by any prior determination that a delinquent debt exists and the scope of review shall be limited to whether the debt has been satisfied and whether the debt was issued against the respondent. The petitioner shall not be entitled to raise any defenses related to his or her liability for the underlying debt. (2) The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type iManage J 13040 1 4 commonly relied upon by reasonably prudent persons In the conduct of their affairs. (3) At the conclusion of the hearing, the Village Manager or his designee shall issue a final order that the respondent is either eligible or ineligible for issuance or renewal of the license or permit. If the respondent is found to be ineligible, the petitioner's license or permit may not be issued or renewed prior to the payment of the delinquent debt. The Village Manager, or his designee, shall issue a written order no more than 15 business days after the conclusion of the hearing. Said order shall be final for purposes of judicial review under Administrative Review Law of Illinois. 8.2204 Issuance of License or Permit Notwithstanding Fine or Penalty Unpaid. Notwithstanding the provisions of subsection 8.2203 herein, the Village may issue an initial or renewal license or permit to a respondent if the Village Manager, or designee, determines that: A. The respondent has entered into an agreement with a court of competent jurisdiction, the Department of Finance, or other appropriate Village Department or agency, for the payment of the delinquent debt and the respondent is in compliance with the agreement; or B. The respondent is contesting liability for the amount of the delinquent debt in a pending administrative or judicial proceeding; or C. The respondent has filed a petition in bankruptcy and the delinquent debt is dischargeable in bankruptcy. iManage 1 ] 3040 I 5 8.2205 Effect of License or Permit During Pendency of Appeal Process. When the holder of a license or permit is notified in accordance with Subsection 8- 2203(B) that such license or permit will not be renewed unless the delinquent debt is paid, the license or permit shall remain in effect during the pendency of the appeal process described in Subsection 8.2203. When the appeal results in a finding that the license or permit is eligible for renewal, it shall remain in effect until the renewal is issued. When the appeal results in a finding that a license or permit is ineligible for renewal, it shall expire at such time as the license or permit holder has exhausted or failed to exhaust the appeal procedures described in subsection 8.2203. SECTION 2: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 3: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of ,2005. Irvana K. Wilks, Village President ATTEST: M. Lisa Angell, Village Clerk iManage 113040 1 6 Village of Mount Prospect Request for Proposals for Administrative Hearing Officer for the Village's Administrative Adjudication System [insert date] The Village of Mount Prospect is accepting proposals from prospective Administrative Hearing Officers as provided for in Article XXI of Chapter 8 of the Mount Prospect Municipal Code (the "Code"). A copy of Article 20, Chapter 6 of the Code is available online at: www.mountprospect.orq and from the Assistant Village Manager, Village of Mount Prospect, 50 S. Emerson, Mount Prospect, Illinois 60056. All parties interested in submitting proposals must adhere to the specifications or scope of work and services as hereafter set forth in order to receive consideration. Prospective Administrative Hearing Officers must meet all qualifications as set forth in the Code. Proposals must be submitted not later than 1 :00 p.m., Chicago time, on , and will be time stamped by the Village Clerk's Office. No consideration will be given to information/proposals received after that date and time. All documentation must be submitted (in duplicate) and addressed to: Assistant Village Manager Village of Mount Prospect 50 S. Emerson Mount Prospect, Illinois 60056 No electronic proposals or proposals by facsimile will be accepted. All statements received will be considered confidential and not available for public review until after an Administrative Hearing Officer has been selected by the Village Manager or his designee. All proposals should be submitted with the attached cover page information. Applicants are advised to adhere to the requirements of this Request for Proposal. Failure to submit all information requested herein or to follow the above instructions may be sufficient grounds for disqualification. THE VILLAGE RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS AND TO WAIVE ANY IRREGULARITIES. iManage \57463 1 PROPOSAL REQUIRED Cover Page (Must be attached to front of Proposal) To: The Village Manager's Office - Village of Mount Prospect From: Name Mailing address Home address Phone number Fax number E-mail address Proposal Submittal: Administrative Hearing Officer I have read and understood Article XXI of Chapter 8 of the Mount Prospect Municipal Code and all of the information provided with this Request for Proposal and agree to abide by the conditions set forth therein. My signature below indicates my acceptance of all such conditions and my request to be approved as an Administrative Hearing Officer for the Village of Mount Prospect. Signature of proposing party: (For Village Office Use only) Date/Time Received: Received by: (Initials) iManage 157463 I Village of Mount Prospect-Administrative Hearing Officer Position. The Village of Mount Prospect invites interested parties to submit proposals for the position of Administrative Hearing Officer for its Administrative Adjudication System. Proposals must include the applicant's qualifications, availability for conducting hearings and experience in accordance with the following requirements: PROPOSAL REQUIREMENTS The Administrative Hearing Officer must meet the qualifications as set forth in Section 8.2105 of the Code. Certain training shall be required pursuant to Section 8.2105. Each applicant must provide information regarding any such training that the applicant has already acquired. Please include date of training and the name of the provider of training. The applicant must also submit evidence of the date of his or her licensure to practice as an attorney in the state of Illinois and evidence of current status with the Illinois Attorney Registration and Disciplinary Commission. Applicants may not be residents of the Village of Mount Prospect. In addition, prospective Administrative Hearing Officers must be available for administrative adjudication hearings to be conducted once or twice a month, depending on the demand for such hearings. The hearings are expected to commence in 2005. All applicants must be available to meet this requirement and should provide information regarding possible days of availability for such hearings. After reviewing the proposals, the Village Manager will determine which applicants will be interviewed. Interviews will be conducted on 200 . RESPONSIBILITY and REFERENCES The contract, if awarded, may not be transferred or assigned by the applicant. Please include a description of related experiences and at least two references with telephone numbers who can help verify your credentials. BILLING RATE The applicant must provide his/her billing proposal and any other costs or charges which he/she charges clients, including, but not limited to, copying charges, charges for faxing and whether or not travel time will be billed. LENGTH OF CONTRACT The term of the Contract, , through agreement of the parties. once awarded, shall be one (1) year commencing The contract may be extended by iManage 157463 1 The Village of Mount Prospect will evaluate proposals based on cost, qualifications, and additional factors deemed relevant. The Village of Mount Prospect retains the right to refuse all proposals or any individual proposal. The contract will not necessarily be awarded to the person submitting the lowest cost. QUESTIONS REGARDING THIS REQUEST FOR PROPOSAL SHOULD BE DIRECTED TO: David Strahl, Assistant Village Manager Village Manager's Office Village of Mount Prospect 847-818-5305 iManage 157463 1 VILLAGE OF MOUNT PROSPECT CHECKLIST FOR QUALIFICATIONS OF HEARING OFFICER CANDIDATES Completed formal training that includes the following: · Instruction on the rules of procedure of the administrative hearings over which the Administrative Hearing Officers shall preside; · Orientation to each subject area of the code violations they will adjudicate · Observation of administrative hearings; and · Participation in hypothetical cases, including ruling on evidence and issuing final orders. Training completed on and was given by Attorney licensed to practrice in Illinois for at least three (3) years In good standing with Attorney Registration and Disciplinary Commission . Check websie: www.iardc.oLg Not a resident of the Village of Mount Prospect I 57462_l.DOC VILLAGE OF MOUNT PROSPECT ADMINISTRATIVE ADJUDICATION DIVISION In the matter of: v. ) ) ) ) ) ) ) ) CASE NO. THE VILLAGE OF MOUNT PROSPECT, (insert name and address of Respondent) NOTICE OF VIOLATION Respondent is in violation of the following cited provision(s) of the Village of Mount Prospect Municipal Code, the violation(s) having occurred or been present on (date) , at approximately A.M. / P.M. at (address) 1.9 in that (describe violation) 2. 9 in that (describe violation) 3. 9 in that (describe violation) [ ]RESPONDENT IS REQUIRED TO APPEAR at Mount Prospect Village Hall, located at 50 S. Emerson, Mount Prospect, Illinois 60056 on (date) at (time) A.M. / P.M. for a hearing of this matter OR [ ] Respondent will be notified by mail of the date for the hearing of this matter. Such hearing is held pursuant to the authority granted in Division 2.1 of the Illinois Municipal Code, 65 ILCS 9 511-2.1-1 et seq., and in Article XXI of Chapter 8 of the Village of Mount Prospect Municipal Code entitled "Administrative Adjudication System." Service of this Notice of Violation was made by: _ personal service; _ certified mail; _ first class mail; overnight or second day commercial delivery; post on propeliy; other on [ ] Respondent - -- or [ ] (insert name and address if other than Respondent ). The undersigned hereby certifies that the infonnation contained herein is correct. Signed: Date: Complainant: (IF NOT VILLAGE OFFICER OR EMPLOYEE) Issued by: Position/Village Department: J.D. No. iManage 157452 1 VILLAGE OF MOUNT PROSPECT ADMINISTRATIVE ADJUDICATION DIVISION In the matter of: v. ) ) ) ) ) ) ) ) CASE NO. THE VILLAGE OF MOUNT PROSPECT, (insert name of Respondent) SUBPOENA To: YOU ARE COMMANDED to appear to appear to testify before a hearing officer duly appointed by the Village of Mount Prospect Administrative Adjudication Division and acting under the laws of this state and the applicable provisions of the Village of Mount Prospect Municipal Code. You are required to appear at the Mount Prospect Village Hall, located at 50 S. Emerson, Mount Prospect, Illinois 60056, on at A.M./P .M. [insert date and time] to testify and give evidence in the hearing then and there to be held between the parties to the above-entitled case. You are commanded also to bring the following: All documents and other material related to the above-entitled case, including, but not limited to the following: WITNESS: Date Signed: Hearing Officer Requested by: of: Attorney for: Address: City: Phone: iManage 157450 ] VILLAGE OF MOUNT PROSPECT ADMINISTRA TIVE ADJUDICATION DIVISION In the matter of: v. ) ) ) ) ) ) ) ) CASE NO. THE VILLAGE OF MOUNT PROSPECT, (insert name of Respondent) CONTINUANCE ORDER A hearing on the above-entitled matter was originally scheduled to be heard on , 200_. The Hearing Officer finds that good cause has been shown for the entry of an order, continuing this matter to a date no more than two (2) months after the date originally specified for the hearing of this matter. THEREFORE, IT IS HEREBY ORDERED, this matter is hereby continued for hearing on ,200_ at AM.lP.M. WITNESS: Date Signed: Hearing Officer Prepared by: Attorney for: Address: City: Phone: iManage 157453 I VILLAGE OF MOUNT PROSPECT ADMINISTRATIVE ADJUDICATION DIVISION In the matter of: v. ) ) ) ) ) ) ) ) CASE NO. THE VILLAGE OF MOUNT PROSPECT, (insert name of Respondent) DETERMINA TION OF LIABILITY The Hearing Officer, having been fully advised by the parties in the hearing of this matter, hereby finds that Respondent is: Liable. Not Liable. _ Liable pursuant to Respondent's plea of no contest. OR _ Pursuant to voluntary motion, this matter is hereby dismissed without prejudice. THEREFORE, IT IS DECIDED AND HEREBY ORDERED THAT: _ Respondent must pay a fine of $ on or before _ Respondent must comply with the Mount Prospect Municipal Code provision(s) found to have been violated. _ Respondent must post a compliance bond in the amount of $ to ensure timely compliance within _ days of the date of this order. _ Respondent must pay $ for costs and expenses to effect compliance with the Mount Prospect Municipal Code. _ Respondent must perform _ hours of community service for a non-profit organization and provide documentation of completion of such community service by This Detennination may be appealed to the Circuit Court of Cook County within thirty-five (35) days of the date of service of this Determination. Signed: Hearing Officer Date iManage 157456 2 VILLAGE OF MOUNT PROSPECT ADMINISTRATIVE ADJUDICATION DIVISION In the matter of: v. ) ) ) ) ) ) ) ) CASE NO. THE VILLAGE OF MOUNT PROSPECT, (insert name of Respondent) NOTICE OF FINAL DETERMINATION OF LIABILITY You are hereby notified that the time to file for judicial review of the order entered on has expired. As a result, the finding of liability entered on that date has become a final determination of liability, and Respondent is required to comply with that order. The fine in the amount of $ , and costs imposed in the amount of $ , must be paid within fourteen (14) days of the date of this notice. Failure to pay the fine and/or costs may result in a lien being filed against Respondent's property or other remedies as available by law, including the following actions pursuant to Section 8.2202 of the Mount Prospect Municipal Code: A. Denial of the issuance or renewal of any license, pennit, zoning variance, or other permission requested and/or applied for by Respondent under Chapters 7, 9, 10, 11, 12, 13, 14 or 21 of the Village of Mount Prospect Code or any other applicable Village Code until Respondent pays such debt; and/or B. Denial of the issuance or renewal of any residential parking permits, temporary residential parking permits, or any other permit requested and/or applied for by Respondent under any Chapter of the Village of Mount Prospect Village Code, until Respondent pays such debt. Hearing Officer Date iManage 157458 2 VILLAGE OF MOUNT PROSPECT ADMINISTRATIVE ADJUDICATION DIVISION In the matter of: v. ) ) ) ) ) ) ) ) CASE NO. THE VILLAGE OF MOUNT PROSPECT, (insert name of Respondent) ORDER OF DEFAULT Respondent, , failed to appear on (insert date) for the hearing in the above-referenced matter. On , Respondent was (insert date) provided notice of the hearing scheduled for and such notice was (insert date and time) served on Respondent via _ personal service; _ certified mail; _ first class mail; _ overnight or second day commercial delivery; _ post on property; _ other. THEREFORE, IT IS HEREBY ORDERED: The Hearing Officer finds that the Respondent is in default, and: Respondent must pay a fine in the amount of $ on or before Respondent must post a compliance bond in the amount of $ Respondent must pay costs in the amount of $ Respondent must complete_hours of community service for a non-profit organization, and provide documentation of completion of such community service by (insert date) This order may be appealed to the Circuit Court of Cook County within thirty-five (35) daysofthe date of service of this Order. Respondent may request that this default judgment be set aside and request a new hearing by filing a motion requesting such relief. A motion to set aside the default judgment must be filed with the Administrative Adjudication Division within twenty-one (21) days of the date this Order is entered, excepting Saturdays, Sundays, and holiday~.. A motion to set aside a default judgment may be filed at any time if the Respondent alleges lack of subject matter or personal jurisdiction. Signed: Hearing Officer Date: iManage 157455 2 In the matter of: VILLAGE OF .MOUNT PROSPECT ADMINISTRA TIVE ADJUDICATION DIVISION ) ) ) ) ) ) ) ) THE VILLAGE OF MOUNT PROSPECT, v. CASE NO. (insert name of Respondent) ORDER VACATING DEFAULT JUDGMENT IT IS HEREBY ORDERED, pursuant to Respondent's timely motion to vacate, the Default Order entered in the above-entitled matter on is hereby vacated. Prepared by: Attorney for: Address: City: Phone: iManage 157451 I WITNESS: Date Signed: Hearing Officer Date: Re: NOTICE OF DENIAL OF APPLICA TION/RENE'V AL APPLICATION FOR DUE TO DELINQUENT DEBT Dear Please be advised that your Application/Renewal Application for a cannot be approved, because the Village of Mount Prospect's records indicate that you have a delinquent debt, as evidenced by a Notice of Final Determination of Liability under the Village's System of Administrative Adjudication. Your application cannot be approved, pursuant to Section 8.2202 of the Village of Mount Prospect Code, which states as follows: If respondent fails to pay the delinquent debt within fourteen (14) days after the date of service of the notice of final determination of liability, as provided in Section 8.2201 of this Article, the Village of Mount Prospect may take the following actions in addition to any debt-collection authorized by law: A. Decline to issue or renew any license, permit, zoning variance, or other permission requested and/or appl ied for by respondent under Chapters 7, 9, 10, 11, 12, 13, 14 or 21 of the Village of Mount Prospect Code or any other applicable Village Code until respondent pays such debt; and/or B. Decline to issue or renew residential parking pell11its, temporary residential parking permits, or any other permit requested and/or applied for by respondent under any Chapter of the Village of Mount Prospect Village Code, until respondent pays such debt. You may request a written description of this delinquent debt by contacting the Village's Finance Department. In addition, you may appeal this decision within ten (10) business days from the date of service of this notice, i.e., the date it was personally served, deposited in the mail or placed with an overnight or commercial delivery service. An appeal must be requested in writing to the Village Manager's Office, Village of Mount Prospect, 50 S. Emerson Street, Mount Prospect, Illinois 60056, and must include your (the "respondent") full name, address and telephone number; a written statement signed by the respondent setting forth facts, law or other information relevant to establishing a defense to the Department's denial; a copy of the notice provided to the respondent by the license/permit-issuing department; and, any documentary evidence that supports the respondent's appeal, including receipts for the payment of the delinquent debt. Upon receipt of a timely and proper request for a hearing, the Village Manager or his designee will assign a hearing date no later than 15 business days after the date of request, and provide you with notice of the date, time and location of the hearing. 1 At the conclusion of the hearing, a final order will be issued stating whether or not the respondent is eligible or ineligible for issuance or renewal of the license or pennit. If the respondent is found to be ineligible, the license or permit may not be issued or renewed prior to the payment of the delinquent debt. That order will be issued within 15 business days after the conclusion of the hearing and is final for purposes of judicial review under the Administrative Review Law of Illinois. In the event of a denial of renewal, the license or pennit shall remain in effect during the pendency of the appeal process. If the appeal results in a finding of eligibility for renewal, the license or pennit shall remain in effect until the renewal is issued. If the appeal results in a finding of ineligibility for renewal, the license or permit expires upon respondent's exhaustion of, or failure to exhaust, the appeal procedures. If you have any questions, please contact the Village Manager's Office at 847-818-5300. Sincerely, David Erb Finance Director c: Village Attorney Everette M. Hill, Jr. 2 Mount Prospect Village of Mount Prospect Mount Prospect, Illinois ~ INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ASSISTANT VILLAGE MANAGER DATE: SEPTEMBER 28,2005 SUBJECT: APPENDIX A - VILLAGE CODE Attached is a copy of Appendix A for consideration by the Village Board on October 18. The document is quite long so staff felt it was worthwhile to provide the Village Board additional time to review the document prior to the meeting to consider adoption. The Appendix A document is the culmination of over three years of work by staff to identify and consolidate all Village Code sections that relate to fines or fees. The purpose of this effort was threefold and described below. . Complete review and enhancement of the Village fee and fine schedule. . Confirm the consistency of the extensive rewrite of the Development and Building codes. . Correction of any errors in the general text of the Village Code with respect to the existing Appendix A. During the review of the fees and fines some items had not changed in 50 years and the associated fees were so low as to be meaningless and the administrative effort far outstripped the revenue collected. For example, staff could not investigate, cite, and prosecute a violation for less than $100 and many times the actual costs are much higher. So in order to bring the cost of enforcement closer to the actual cost of providing the service or response several minimum mandatory penalties were increased (the draft lists the old fees and fines in the left hand margin beginning on page 12). Applicable Departments reviewed sections of Append ix A that were pertinent to their operation. Staff did not modify any taxes, user fees or license fees. Such items remain the exclusive responsibility of the Village Board. However, in the future when such changes are considered, the use of Appendix A will be the only document that will need to be revised and the body of the specific ordinance including the fee, fine ortax can remain unchanged. APPENDIX A - VILLAGE CODE September 28,2005 Page 2 The other objectives have been accomplished over this extensive review period. If the Board would prefer to first discuss this item at a Committee of the Whole meeting, please advise. It could be scheduled for October 11. If there are any questions, please contact me. ~ stftl David Strahl H:lVILM\Village Clerk\Appendix A Cover Memo.doc LA IV OFFICES KLEIN, THORPE AND JENKINS, LTD. Patrick A. Lucansky F. Kennelh Friker Gerard E. Dempsey T enence M. Bal11 ide Brnce A. Zolna James P. Bartley Michael J. Dnggan Thomas P. Bayer Dennis G. Walsh Scotl F. Ulller Evererte M. Hill, Jr. Janet N. Petsche James V. Ferolo Michael T. Juwsik Thomas 1\1. Melody Suite 1660 20 North Wacker Drive Chicago, lIIillois 60606-2903 Telephone (312) 984-6400 Facsimile (312) 984-6444 (312) 606-7077 Rinda Y. Allison Lance C. Malina Kathleen T. Henn Jolm R. Wiklor George A. \Vagner James G. Wargo Suzaune M. FilCh Michael A. Man.s Shawn P. Lee Orland Park Onice 15010 S. Ravinia Avenue, Suile 17 Orland Park. lL 60462-3 162 Telephone (708) 349-3888 Facsimile (708) 349-1506 or Connsel Richard T. Wimmer Wriler:s Direct Dial (312) 984-6420 Wriler~s E.Mail el1lhiJlfdktinel.com MEMORANDUM TO: Mr. Michael E. Janonis, Village Manager Village of Mount Prospect FROM: Everette M. Hill, Jr. DATE: July 14, 2003 RE: New Appendix A - Bonds, Salaries, Fees and Fines Attached find an ordinance updating Appendix A of our Village Code. We had three objectives with respect to this update: 1, An exhaustive review and enhancement of our fee and fine schedules. 2. Assurance of consistency with the recent extensive rewrite of our Development and Building Codes. 3. Correction of any errors in the general text of our Village Code with respect to Appendix A. With respect to Objective #1, we have reviewed every fine and fee within our Code. As a matter of historical perspective, some of our fines are currently as low as $2.00 per offense. Some have not been updated in 50 years. Our primary goal with respect to fines was to assure that the Village is able, to the extent possible, to visit the cost of enforcement on the violator. As a rule of thumb, it is impossible for our staff to investigate a violation, cite the violator and prosecute the violator for less than $100.00. In many instances, the costs are much higher, Those expenses were foremost in our thinking in setting out our mandatory minimum penalties. Each of the fine and fee updates has been reviewed by the department which administers that particular regulation. The staff ideas and comments have been considered and most are included in this proposed Ordinance. Please keep in mind that none of the financial matters which are politically sensitive or within the exclusive purview of Mr. Michael E. Janonis July 14, 2003 Page 2 the Village Board have been changed. Such financial matters include taxes, use fees and license fees. With regard to Objective #2, we are confident that the new Appendix A is completely consistent with the changes to the new Development and Building Codes adopted by the Board in 2002. As to the final objective, this has been accomplished by the first section of the attached ordinance. In achieving this objective, no substantive changes have been made to our Code. This first section simply assures that all references to bonds, fees and fines are accurately cross-referenced to Appendix A. We have highlighted new Code language and new fees and penalties. With respect to changes in existing fees or penalties, the current amounts are written in the margins for comparison purposes. If you have any questions or comments, please feel free to contact me. LA W OFFICES KLEIN, THORPE AND JENKINS, LTD. Patrick A. Lucansky E. Kenneth Friker Gerard E. Dempsey Terrence M. Banlicle Bruce A. Zolna James P. Bartley Richard T. Winmler Michael J. Duggan Thomas P. Bayer Dennis G. Walsh SCali F. Uhler Everette M. Hill, Jr. Janet N. Petsche James V. Ferolo Michael T. Jurusik Suite 1660 20 North Wacker Drive Chicago, Illinois 60606-2903 Telephone (3] 2) 984-6400 Facsimile (312) 984-6444 (312) 606-7077 f\.' r-D'=--l"~~-""(~~"mtl--\~-~ji' daI1nl~~li~~~ tiC'" ~ _-" 1 ',r-...------- r nff Mahna \ 'j, Katt#~r Henno I i,., . I '. ! l\ i; ! :: 'J (, r: -; I 11.\, ,:WtklOr \,: U ' i.'.', ~, 1 " (..d. Geqr . '1'agnem \- j ~ames G~Wargo I L.___.._.____-..--.:.i&~~~le...; .~:~~ \WLI fJr ('1 cp:,C~ (\Hlt..\ L~!_":':~~ t..::':.:. ~_'.:_::___':_,:,_:-'-.._....J Orland Park Office 15010 S. Ravinia Avenue, Suite] 7 Orland Park, IL 60462-3162 Telephone (708) 349-3888 Facsimile (708) 349-1506 Writer=s Direct Dial (312) 984-6420 Wriler=s E-Mail emhiWi))ktinel.com MEMORANDUM TO: Mike Janonis, Dave Strahl, and All Department Heads Village of Mount Prospect FROM: Everette M. Hill, Jr. DATE: April 18, 2002 RE: Fees and Penalties As you are all aware, last year we adopted legislation moving all fees, bond amounts and penalties to a separate Appendix A in our Village Code. Our primary purpose in doing this was to make it easy to conduct a regular review of these dollar amounts. In the past we've missed adjusting some of these fees and fines to the point of absurdity as you will see when you review the attached document. In order to get our first such review moving forward, I have attached Appendix A which contains my handwritten recommended increases in certain fees and penalties. Because we've done a better job of keeping up with inflation and recognizing our actual costs with respect to fees, most of my recommended changes involve increasing the fines and penalties. My objective was to make the fines as high as I believe the Courts will bear. We all know that the Village will never collect enough fines over the course of a year to cover our enforcement costs. Nonetheless, as you review this Appendix A, bear in mind that we'd like to get as close to that objective as possible. Since it will save us considerable money with our Codifier if we can submit our changes with the engineering department's redraft of the Development Code, a quick turnaround would be appreciated. ORDINANCE NO. AN ORDINANCE AMENDING THE VILLAGE CODE OF MOUNT PROSPECT. COOK COUNTY, ILLINOIS BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: The following Chapters and Sections of the Village Code of the Village of Mount Prospect, Cook County, Illinois, shall be amended as follows: CHAPTER 2 - GENERAL PROVISIONS Section 2.206, ENFORCEMENT OF DECORUM, paragraph B shall be deleted and replaced with the following: B. Any person found guilty under this Section shall be fined in an amount as set forth in Appendix A, Division III. CHAPTER 4 - APPOINTIVE VILLAGE OFFICERS Section 4.103, POWERS AND DUTIES, paragraph H shall be deleted and replaced with the following: H. To negotiate, award contracts for and purchase all materials, supplies and equipment for which funds are provided in the annual budget. All contracts for public works or improvements which are not to be paid for in whole or in part by special assessment or special taxation when the expense exceeds the amount set forth in Appendix A, Division I, and, except as provided below, all purchase orders or contracts for labor, materials, equipment or supplies when the expense exceeds the amounts as set forth in Appendix A, Division I made by or on behalf of the Village shall be awarded to the lowest qualified bidder pursuant to due advertisement for sealed bids in a newspaper published and having a general circulation within the Village (which advertisement shall state that such contract shall be let to the lowest responsible bidder, that the right is reserved in the Village Board to reject all bids or waive bid technicalities and the place, time and date when sealed bids shall be opened; said date being not less than 7 days after publication of the advertisement), and after the successful bid proposal has been submitted to the Village Board for approval. Section 4. I 03, POWERS AND DUTIES, paragraph H, subparagraph 4 shall be deleted and replaced with the following: 4. Competitive bidding shall not be required for any contract when the expense is less than the amount set forth in Appendix A, Division I, or when the Village exercises the option of purchasing with the State or other governmental unit (as authorized under 30 ILCS 525/1 et seq.) or when the Village pursuant to its home rule powers enters into a joint purchasing contract for materials, supplies or equipment with another entity which has conducted competitive bidding for such materials, supplies and equipment. Section 4.504, DUTIES OF DIRECTOR, paragraph L shall be deleted and replaced with the following: L. To negotiate and contract for the sale of personal property owned by the Village when in the reasonable discretion of the Finance Director such personal property is no longer necessary or useful to the Village and the market value does not exceed the amount specified in Appendix A, Division 1. Pursuant to the Village's home rule powers, all personal property of the Village with a market value not in excess of the amount set forth in Appendix A, Division I, may be sold at the discretion of the Finance Director without Village Board approval. All other sales of personal property shall require the approval of a majority of the corporate authorities of the Village. Section 4.507, SPECIAL ASSESSMENT FUNDS, paragraph C, shall be deleted and replaced with the following: C. If, after full payment of the improvement and all bonds, vouchers and interest coupons issued therefore, there is a surplus remaining in any special assessment, such surplus shall be first applied by the Treasurer to reimburse the public benefit fund for any amounts paid from such fund on account of the improvement, if any, and any surplus amount remaining thereafter shall constitute a rebate and shall be paid by the Treasurer to the current owners of record of each lot or parcel of land included in the special assessment in the pro rata proportion to which such properties were originally assessed, after first deducting five percent (5%) of said surplus amount to cover the costs and expenses incurred by the Village in making said rebate. However, in the event that the amount available for rebate is less than the amount set forth in Appendix A, Division I, or the number of properties involved in the special assessment is such that in dividing such properties by the said amount, less Village expenses, the resulting net rebate for each property would be less than the amount set forth in Appendix A, Division I, then in lieu of such rebate, the Treasurer shall instead transfer said amount to the public benefit fund, ifin existence, and ifnot, then to the general corporate fund to be used for capital improvements. Section 4.1012, APPROPRIATION; LEVY OF TAXES, shall be deleted and replaced with the following: The President and Board of Trustees of the Village may budget for ESDA purposes in the manner provided by law, and may levy in addition for ESDA purposes only, a tax as set forth 2 in Appendix A, Division II, on the assessed value of all taxable property in addition to all other taxes, as provided by "The State ESDA Act of 1975"; however, that amount collectable under such levy shall in no event exceed the amount as specified in Appendix A, Division II. CHAPTER 6 - TELECOMMUNICATIONS CODE Section 6.1 08, PENALTIES, shall be deleted and replaced with the following: Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Chapter shall be fined as set forth in Appendix A, Division III for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues. Section 6.720, SECURITY FUND, the first paragraph shall be deleted and replaced with the following: Each grantee shall establish a permanent security fund with the Village by depositing an amount as set forth in Appendix A, Division I with the Village in cash, an unconditional letter of credit, or other instrument acceptable to the Village, which fund shall be maintained at the sole expense of the grantee so long as any of the grantee's telecommunications facilities are located within the public ways of the Village. CHAPTER 8 - VILLAGE GOVERNMENT MISCELLANEOUS PROVISIONS Section 8.1308, VIOLATIONS, the first sentence shall be deleted and replaced with the following: Any owner, operator and/or licensee found guilty of violating, disobeying, omitting, neglecting or refusing to comply with or resisting or opposing the enforcement of any provision of this Article, except when otherwise specifically provided, shall be subject to a fine in the amount set forth in Appendix A, Divisions I and III, for each offense. Section 8.1904, COLLECTION OF TAX, paragraph A(3), shall be deleted and replaced with the following: 3. The public utility will be entitled to withhold from tax collections a service fee as set forth in Appendix A, Division II, on the amounts collected and timely remitted to the department. 3 CHAPTER 9 - PUBLIC UTILITIES, PAVEMENT AND TREE REGULATIONS Section 9.507.1, SEWER CONSTRUCTION FEE, shall be added to Article Y, Sanitary Sewer System as follows: Sec. 9.507.1 SEWER CONSTRUCTION FEE: A. Sewer construction fees for all village sewer users within the corporate limits of the village having a direct or indirect connection with the village sewer and water mains or pipes shall be as set forth in Appendix A, Division II of this code. B. Sewer construction fees for all village sewer users within the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes and not with the village water mains or pipes shall be as set forth in Appendix A, Division II of this code. C. Sewer construction fees for all village sewer users outside the corporate limits of the village having a direct or indirect connection with the village's water and sewer mains or pipes shall be as set forth in Appendix A, Division II of this code. D. Sewer construction fees for all village sewer users outside the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes, but not with village water mains or pipes shall be as set forth in Appendix A, Division II of this code. Section 9.718, PENALTY, shall be deleted and replaced with the following: Marking a public tree in any way Attaching a sign or other object to a public tree Driving any object into a public tree Planting a tree on public property without a permit Paving over previously open root zone of a public tree Substantially changing the soil grade of a public tree Injuring or removing bark or limbs from a public tree Cutting or pruning a public tree without a permit Placement of potentially damaging materials near a public tree Topping a public tree Injuring or cutting roots of a public tree without a permit, or in violation of a permit Continuing work in violation of, or after suspension or revocation of permit Failure to install or maintain required snow fencing around a public tree Placement of excessive soil, mulch or other fill material around the truck/root collar of a public tree Backfilling excavation within a public tree drip line without the required root inspection 4 Failure to keep posted on job site a required written tree protection plan Excavation within drip line of public tree without approval of the Forestry Division Equipment operation within drip line of public tree Failure to comply with a written tree protection plan Installation of sprinkler head within drip line public tree CHAPTER 11 - MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS Section 11.202, LICENSE FEES, shall be deleted and replaced with the following: Auctioneers shall pay the fees as set forth in Appendix A, Division II. Section 11.1402, LICENSE FEES, shall be deleted and replaced with the following: Florists and nurseries shall be designated as Class I establishments and shall pay the arumal fees as set forth in Appendix A, Division II. Section 11.2302, LICENSE FEES, shall be deleted and replaced with the following: A. The annual fee to be paid for the exclusive franchise license for residential dwellings or dwelling units created in subsection 11.2301 A of this Article shall be as set forth in Appendix A, Division II. B. The annual fee to be paid for such other licenses set forth in subsection 11.2301 B of this Article shall be as set forth in Appendix A, Division II. C. Transfer stations for refuse disposal shall be designated as Class II establishments and shall pay the annual fees as set forth in Appendix A, Division II. Section 11.3406, HIGH HAZARD SURCHARGE, shall be deleted and replaced with the following: A. Any Class I or Class II business which uses hazardous materials and/or processes in operation of said business shall pay a surcharge as set forth in Appendix A, Division II on the business' annual fee as applicable. B. Any Class I or Class II business, after paying the high hazard surcharge, shall be entitled to an increase as set forth in Appendix A, Division II, in the inspection limit as set forth in subsection B of Sections 11.3404 and 11.34.05, respectively. C. A "high hazard business" shall be defined by the standards in the BOCA Basic National Building Code, Use Group H - High Hazard Buildings, or by order of the Fire Chief. Section 11.3407, MID-YEAR FEE REDUCTION, shall be deleted and replaced with the following: Any Class I or Class II business license issued to a business opening after June 30 shall pay the annual fee as set forth in Appendix A, Division II and as set forth in subsection A of 5 Sections 11.3404 and 11.3405, respectively. Such business shall also have the inspection fees, as set forth in subsection B of Sections 11.3404 and 11.3405, respectively, reduced as set forth in Appendix A, Division 11. Section 11.3411 , LATE PAYMENTS, paragraphs A through F shall be amended to refer to Appendix A, Division II, instead of Division 1. CHAPTER 13 - ALCOHOLIC LIQUORS Section 13.137 , PENALTIES; GENERAL, the fourth sentence shall be deleted and replaced with the following: If the court is of the opinion that the ends of justice would be better served by requiring community service of the violator or a combination ofa fine and community service, the fine may be mitigated as set forth in Appendix A, Division III. CHAPTER 18 - TRAFFIC Section 18.204, FLEEING OR A TTEMPTING TO ELUDE POLICE OFFICER, paragraph A shall be deleted and replaced with the following: A. Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, willfully fails or refuses to obey such direction, increases his speed, extinguishes his lights or otherwise flees or attempts to elude the officer, is guilty of a misdemeanor and shall be fined as set forth in Appendix A, Division III. Section 18.409, FALSE REPORTS, shall be deleted and replaced with the following: Any person who provides information in an oral or written report required by this Article with knowledge or reason to believe that such information is false shall, upon conviction, be fined in an amount set forth in Appendix A, Division III. Section 18.503, RECKLESS DRIVING, paragraph B, shall be deleted and replaced with the following: B. Every person convicted of reckless driving shall, upon a finding of guilty, pay a fine as set forth in Appendix A, Division III. Section 18.504, DRAG RACING, shall be deleted and replaced with the following: Any person who, as an operator of a motor vehicle, is found guilty of being a participant in drag racing shall be fined as set forth in Appendix A, Division III. Section 18.1305, VIOLATION OF P ARKING REGULATIONS; LEASED VEHICLES, paragraph B shall be deleted and replaced with the following: 6 B. A person found guilty of violating this subsection shall be fined as set forth in Appendix A, Division III, notwithstanding any other sections or subsections in this Chapter to the contrary. Section 18.1322, PAY PARKING ZONE, paragraph J(l), shall be deleted and replaced with the following: 1. Any person who violates subsections H and I of this Section shall be subject to a fine in the amount as set forth in Appendix A, Division III of this Code. Section 18.1322, PAY PARKING ZONE, paragraph L(2), shall be deleted and replaced with the following: 2. Such collector or collectors shall be only such employees as are now or may hereafter be duly bonded in a sum, as set forth in Appendix A, Division I of this Code, for the faithful performance of their duties. Section 18.1324, HANDICAPPED PERSONS; PARKING PRIVILEGES, paragraph E shall be deleted and replaced with the following: E. Any person who violates this Section shall be subject to a mandatory minimum fine as set forth in Appendix A, Division III for each offense in addition to any costs or charges connected with the removal or storage of any motor vehicle found to be in violation of this Section. Section 18.1534, TRACTORS, TRr\CTION ENGINES AND MOTOR TRUCKS; OPERATION ON HIGHWAYS; TURNING ON HIGHWAYS DURING FARMING OPERA nONS; VIOLA nONS, paragraph B shall be deleted and replaced with the following: B. Any person who operates any motor vehicle over and along any public street of this Village, which has been oil treated in violation of the provisions of this Section shall be fined as set forth in Appendix A, Division III. Section 18.1540, SCHOOL BUSES; SPECIAL REQUIREMENTS, paragraph K shall be deleted and replaced with the following: K. Liability Insurance: No school bus or motor vehicle owned by or used for hire by and in connection with the operation of private or public schools, day camps, summer camps or nursery schools shall be operated for such purposes unless the owner thereof shall carry an amount of personal injury liability insurance as set forth in Appendix A, Division 1. Section 18.1907, VEHICLE IMMOBILIZATION AND IMPOUNDMENT FOR VIOLATIONS, paragraph I, shall be deleted and replaced with the following: 1. It shall be unlawful to relocate or two any vehicle restrained by an immobilizing device without the approval of the chief of police or his designee. The unauthorized 7 removal of an immobilized vehicle shall be subject to a penalty as set forth in Appendix A, Division III. CHAPTER 20 - ANIMALS Section 20.302; PENAL TIES, paragraph E(l) and (2) and F, shall be deleted and inserted as follows: E. 1. In the event that said payment is made prior to the mailing by the Municipality or by the official of a final notice, a final settlement as set forth in Appendix A, Division III, shall be accepted. 2. In the event that payment has not been paid prior to the mailing of such final notice, and in fact notice has been mailed, settlement as set forth in Appendix A, Division Ill, shall be accepted. CHAPTER 21 - BUILDING CODE Section 21.209, USE OF STREETS FOR BUILDING PURPOSES, shall be amended by adding the following sentence as follows: In the event that sufficient warning lanterns are not provided or properly maintained around such material, excavation or building that is being moved, the Department of Public Works may place and maintain the required lanterns, charging for this service at a rate as set forth in Appendix A, Division II. This charge shall be deducted from deposits as required in Section 21.312 of this Chapter. Section 21.312, RESTORATION DEPOSIT, shall be deleted in its entirety and the following new Section 21.312 entitled, CONSTRUCTION NUISANCE ABATEMENT DEPOSIT, shall be as follows: 21.312: CONSTRUCTION NUISANCE ABATEMENT DEPOSIT: No permit shall be issued until the applicant has deposited with the Village the nuisance abatement deposit in accordance with subsection 15.802B of this Code. (Ord. 5339, 6-17-2003). CHAPTER 23 - OFFENSES AND MISCELLANEOUS REGULATIONS . Section 23.206, OBSCENE AND HARASSING TELEPHONE CALLS, paragraph B shall be deleted and replaced with the following: B. Penalty: Any person violating any provision of this Section shall be fined as set forth in Appendix A, Division Ill. Section 23.401, DAMAGE, POSSESSION AND REMOVAL OF VILLAGE PROPERTY OR STRUCTURES OR INST ALLA TIONS ON VILLAGE PROPERTY, paragraph C shall be deleted and replaced with the following: C. Any person violating any provision of this Section shaIl be fined as set forth in Appendix A, Division III. 8 Section 23.402, DUMPING IN WELLER CREEK AND OTHER PLACES, paragraph B, shall be deleted and replaced with the following: B. Any person violating any provision of this Section shall be fined as set forth in Appendix A, Division III. A separate offense shall be deemed committed on each day during or on which a violation occurs. Section 23 .404, VANDALISM, paragraph B, shall be deleted and replaced with the following: B. Any person found guilty of a violation of any provision of this Section shall be fined as set forth in Appendix A, Division III. Section 23.405, THEFT OF RECYCLABLES, paragraph B shall be deleted and replaced with the following: B. Any person found to be in violation of this Section shall be fined as set forth in Appendix A, Division III. Section 23.50 I, GAMBLING PREMISES, paragraph B shall be deleted and replaced with the following: B. Suppression: It shall be the duty of all members of the Police Department to give information to the Chief of Police about each house, room or other place within the Village wherein games or devices or tables or other instruments or things for the purpose of gaming are, or may be set up, kept or maintained; and such police officers shall take all lawful means to suppress and prevent the playing at the table, games or devices aforesaid, and for this purpose, when and as often as anyone of them shall have. reasonable cause to suspect that any such table, game or device is set up, kept or maintained, as aforesaid, he or she shall forthwith make complaint thereof before the Circuit Court, and obtain a warrant authorizing entry of such house or place or any room within the same, and such police officer shall thereupon have authority to demand entry therein, and any person or persons who shall refuse or neglect to open the door or entrance to such house, yard, place or an:; room within the same upon the application of any police officer having such warrant, shall forfeit and pay a fine as set forth in Appendix A, Division III. Section 23.502, GAMBLING DEVICES, paragraph D, shall be deleted and replaced with the following: D. Seizure And Destruction: It is hereby made the duty of every member of the Police Department to seize any table, instrument, device or thing used for the purpose of gaming; and all such tables, instruments, devices or things shall be destroyed. Any person or persons obstructing or resisting any member of the Police Department in the performance of any act authorized by this Section shall be subject to a fine as set forth in Appendix A, Division III. Section 23.612, MAINTAINING PUBLIC NUISANCE, Paragraph C(2), the second to last sentence shall be deleted and replaced with the following: 9 Provided that an owner, lessee or other occupant may use such place if the owner shall give bond with sufficient security or surety approved by the Court, in an amount as set forth in Appendix A, Division I, payable to the Village, and including a condition that no offense specified in subsection A of this Section shall be committed at, in or upon the property described and a condition that the principal obligor and surety assume responsibility for any fine, costs or damages resulting from such an offense. Section 23 .614, PENALTIES, Paragraph A shall be deleted and replaced with the following: A. A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. Any fines set forth in this Article shall be assessed regardless of whether the violator is convicted or placed on supervision by the court. Ifthe court is of the opinion that the ends of justice would be better served by requiring community service of the violator or a combination of a fine and community service, the fine may be as set forth in Appendix A, Division III. Section 23.1103, PENALTY, paragraph A shall be deleted and replaced with the following: A. Every person found guilty ofa violation of any of the provisions of this Article shall be punished by a fine as set forth in Appendix A, Division Ill. Section 23.1714, CHARGES FOR RESPONSE TO FALSE ALARMS AND REPORTS, paragraph A shall be deleted and replaced with the following: A. If the Village Police Department responds to more than two (2) false alarms in a calendar year at the same premises, the licensee of such alarm system shall pay the Village as set forth in Appendix A, Division II. CHAPTER 24 - FIRE PREVENTION CODE Section 24.111, UNIFORM FIRE GUARDS, paragraph D shall be deleted entirely and paragraph E shall be re-Iettered accordingly. Section 24.116, PENALTY, shall be added to Article I, Purpose; Adoption and shall read as follows: Sec. 24.116 PENAL TV. Any person violating any provisions of this Article shall be fined an amount set forth in Appendix A, Division III of this Code, for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 24.1302, DISCHARGE OF FIREWORKS; PERMITS, paragraph A(l) shall be amended by adding the following at the end of paragraph (A)(1): Such permits may be granted upon application to and approval by the Fire Chief based upon the regulations ofthis Article XIII. In addition, the applicants shall file a bond and insurance in the amount set forth in Appendix A, Division I of this Code. 10 CHAPTER 25 - THE VILLAGE CODE Section 25. 104, PENAL TIES, paragraph A shall be deleted and replaced with the following: A. Whenever in this Code a minimum but not maximum fine or penalty is imposed, the Court may in its discretion fine the offender any sum exceeding the minimum fine or penalty but not exceeding the maximum amount set forth in Appendix A, Division III of this Code at Section 25. I 04. Unless otherwise stated, the minimum and maximum fines shall be as set forth in Appendix A, Division III. Section 25. I 04, PENALTIES, paragraph C shall be amended by deleting the last three paragraphs and inserting the following new paragraph in its place: Such imprisonment or assignment shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment. The court may impose a fine less than as set forth in Appendix A, Division III of this Code, only where, after an evidentiary hearing, the court determines that: a) such person is not financially able to pay a fine, as set forth in Appendix A, Division III of this Code, over the course of one year; and b) payment ofa fine, as set forth in Appendix A, Division III of this Code, would cause undue hardship to someone dependent upon such person for support; and c) it is in the best interest of justice to impose a fine less than as set forth in Appendix A, Division III of this Code. In any case where a fine less than set forth in Appendix A, Division III of this Code, is imposed, the court shall order such person to perform one hour of community service for a dollar amount. as set forth in Appendix A, Division III of this Code, by which penalty amount as set forth in Appendix A, Division III of this Code, exceeds the fine imposed. (Ord. 34] ],3-20- ]984; amd. Ord. 2603,2-4-1986; Ord. 2961, 7-19-]988; Ord. 4189, 5-]5-2001) SECTION 2: A new Appendix A shall be created and inserted in the Village Code of the Village of Mount Prospect, Cook County, Illinois, which shall be and read as follows: APPENDIX A This Appendix A is divided into three divisions as follows: Division I, Bonds, Salaries, Insurance and Miscellaneous; Division II, Fees, Rates and Taxes; and Division III, Penalties and Fines. DIVISION I BONDS, SALARIES, INSURANCE AND MISCELLANEOUS CHAPTER 1 - VILLAGE PRESIDENT Section 1.102, BOND: OATH: SALARY 11 Bond: $3,000.00 (Village President) Salary: $5,500.00 (Village President) (annual) Section 2.1 02, OATH; SALARY Salary: $2,750.00 (Trustee) (annual) CHAPTER 4 - APPOINTIVE VILLAGE OFFICERS Section 4.103, POWERS AND DUTIES H. Contracts where expense exceeds $10,000.00, purchase orders, contracts for labor materials, equipment or supplies involving amounts in excess of $1 0,000 awarded to the lowest bidder 4. Less than $10,000.00 Section 4.104. BONDS AND COMPENSATION Minimum Bond: $100,000.00 100 Section 4.504. DUTIES OF DIRECTOR L. Personal property of the Village with a market value ofless than $250.00 may be sold ~CXXJ If D Section 4.507. SPECIAL ASSESSMENT FUNDS C. If amount available for rebate is less than $5,000, or the number of properties involved in the special assessment is such that in dividing such properties by the said amount, less Village expenses, the resulting net rebate for each property would be less than $50.00, then in lieu of such rebate, the Treasurer shall instead transfer said amount to the public benefit fund, if in existence, and if not, then to the general corporate fund to be used for capital improvements. CHAPTER 6 - TELECOMMUNICATIONS CODE Section 6.5.412, LIABILITY AND INDEMNIFICATION C. Minimum Amounts of Comprehensive General Liability Insurance: For bodily injury or death resulting from anyone accident $5,000,000.00 For property damage, including damage to Village property, resulting from anyone accident $2,000,000.00 For all other types of liability resulting from any one occurrence $2,000,000.00 12 During any period of construction Adequate coverage to Meet liability under the Ill. Structural Work Act Worker's compensation insurance Within statutory limits Employers' liability insurance Not less than $1 00,000.00 Deductible cannot be in excess of: $250,000.00 D. Sureties in the penal sum of: $200,000.00 Amount of the bond or letter of credit reduced to: $50,000.00 E. Cash escrow or letter of credit: $10,000.00 Section 6.717, GRANTEE INSURANCE A. Comprehensive general liability insurance with limits not less than: $5,000,000.00 for bodily injury or death to each person $5,000,000.00 for property damage resulting from one accident; and $5,000,000.00 for all other types of liability. Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000.00) for each person and three million dollars ($3,000,000.00) for each accident. Workers' compensation within statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00). Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000.00). Section 6.720, SECURITY FUND Deposit $50,000.00 in cash with the Village CHAPTER 7 - SIGN REGULATIONS Section 7.620, INDEMNIFICATION A. 2. Liability insurance (if sign extends more than one foot into right of way): Limit of liability not less than $500,000.00. 13 B. Bond (for persons engaged in the business of erecting, repairing or maintaining signs); $10,000.00. CHAPTER 8 - VILLAGE GOVERNMENT MISCELLANEOUS PROVISIONS Section 8.116. RULES AND DEFINITIONS B. Definition of "Gift" Market Value: In excess of $50.00 Section 8.513; PROCEDURES AND FEES FOR APPLICATIONS FOR INDUSTRIAL AND COMMERCIAL PROJECT REVENUE BONDS B. 7. k. Judgment: In excess of $250,000.00 Section 8.2006, CREDITS AND REFUNDS Refunci Rate: 5% simple interest per year Section 8.2007, VOLUNTARY APPLICATION FOR THE DETERMINATION Application fee: Tax due plus 1 % interest per month Section 8.2009, INTEREST Rate: 1 % per month CHAPTER 9 - PUBLIC UTILITIES, PAVEMENT & TREE REGULATION Section 9.903: BOND REQUIRED (Subsidewalk work) Surety Bond: $10,000.00. CHAPTER 11- MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS Section 11.102 RULES AND DEFINITIONS: B. Definition of "Private Employment Agency": 1. a. Compensation: Not less than $15,000 per year. Section 11.203: BOND (Auctioneer) Surety Performance Bond: $1,000.00. Section 11.602: APPLICATION PROCEDURE: Subsection D (2): Certificate oflnsurance: $ 100,000.00 for anyone person $1,000,000.00 for anyone accident, and $ 25,000.00 for property damage. 14 Section 11.603: SIDE SHOWS, PARADES AND CONCESSIONS, SUB-SECTION B: B. Bond: $10,000.00. Section 11.1105: INSURANCE REQUIRED (Taxicabs) $100,000.00 for bodily injury to anyone person; $300,000.00 for injuries to more than one person which are sustained in the same accident; and $50,000.00 for property damage resulting from anyone accident. Section 11.1403: GENERAL OPERATING REQUIREMENTS (Christmas Tree Sales) Cash Bond: $100.00. Section 11.1701: LICENSE FOR HOTEL OR MOTEL: APPLICATION THEREFOR AND ISSUANCE B. Bond: $1,000.00 Section 11.2003: BOND (Outdoor Advertisers) Surety Bond: $10,000.00 Section 11.2303: GENERAL OPERA rING REQUIREMENTS FOR SCAVENGERS C. Insurance: 2. Automobile Liability Insurance: Not less than $100,000.00 each person $300,000.00 each accident bodily injury liability; and $100,000.00 each accident for property damage liability. 3. General Liability: At least $100,000.00 each person; $300,000.00 each accident bodily injury liability; and $100,000.00 each accident for property damage liability. Section 11.2803: BOND (Solicitors) Bond: $1,000.00. Section 11. 3004: APPLICATION FOR LICENSE (Raffles) B. 7. Fidelity bond: $1,000.00 Section 11.3006: CONDUCT OF RAFFLES A. $50,000.00 B. $50,000.00 C. $ 250.00 CHAPTER 13 - ALCOHOLIC LIQUORS 15 I/tPlo P/X)D i Section 13.1 03. APPLICATION FOR RETAILER'S LICENSE Surety bond: $2,500.00 Section 13.11 L COMPENSATION. POWERS AND DUTIES OF LOCAL LIQUOR CONTROL COMMISSIONER Compensation for Local Liquor Control Commissioner: $3,000.00 annually CHAPTER 14 - ZONING Section 14.31 L OUTDOOR SALES AND STORAGE INSURANCE B-2-f: Minimum Coverage: $1,000,000.00 for general liability and $30,000.00 for Dram Shop Insurance Section 14.313, REGULATIONS FOR PERSONAL WIRELESS TELECOMMUNICATION FACILITIES M. Insurance: Not less than $1,000,000.00 N. Compliance: Fine: Not less than $1,000,000.00 each day that the violation continues. CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES Section 15.802, CONSTRUCTION GUARANTEES AND FEES A.I: Amount of Guarantee 115% of the total cost of public improvements, including but not limited to engineering, inspection, materials and labor as determined by the Village Engineer. B.l: Amount of Nuisance Abatement Deposit: 10% of the total cost of the project. Section 15.809, SURETY BOND Surety Bond: $500,000.00. CHAPTER 18 - TRAFFIC Section 18.1322; PAY PARKING ZONES L. Application of Proceeds: 2. Sum not less than $1,000.00 Section 18.1540. SCHOOL BUSES; SPECIAL REQUIREMENTS Liability Insurance: $250,000.00 for anyone person in anyone accident $1,000,000 for two or more persons injured Section 18.1813. VEHICLE SEIZURE AND IMPOUNDMENT 16 Section B Cash Bond: $150.00 plus fees for tow'ing the vehicle. CHAPTER 21 - BUILDING CODE Section 21.311, SURETY BOND Bond: See Section 15.809 Section 21.312, RESTORATION DEPOSIT Cash Deposit: See Section 15.802B 5cO Section 21.318 DEMOLITION AND MOVING OF BUILDINGS; FEES AND BONDS A. Cash Deposit: $2,000.00. B. Bond: 1. 2. For structures not exceeding three (3) stories in height: $20,000.00. For structures of four (4) or more stories: $40,000.00. Section 21.321, PARKWAY TREE FEES See Section 15.802 CHAPTER 23 - OFFENSES AND MISCELLANEOUS REGULATIONS Section 23 .612, MAINTAINING PUBLIC NUISANCE (Abatement) C. 2. Bond: Not less than $ 10,000.00 with sufficient security or surety approved by Court Section 23.905, BOND (Assemblies and Gatherings) C. Bond: Not less than $50,000.00 nor more than $300,000.00 ( Section 23.1302, DISCHARGE OF FIREWORKS: PERMITS A. 1. Cash Bond: $2,500.00 Certificate of Insurance: $500,000.00 for anyone person $1,000,000.00 for anyone incident; and $50,000.00 for property damage. 17 DIVISION II FEES, RATES AND TAXES CHAPTER 4 - APPOINTIVE VILLAGE OFFICERS Section 4.1012: APPROPRIATION: LEVY OF TAXES (ESDA) Tax not to exceed five ($.05) per one hundred dollars of assessed value CHAPTER 6 - TELECOMMUNICATIONS CODE Section 6.202. REGISTRATION FEE Registration Fee: $25.00 Section 6.602, APPLICATION AND REVIEW FEE Application and Review Fee: $2,000.00 or 1 % of the estimated cost of applicant's proposed telecommunications facilities, as certified by the applicant's professional engineer, whichever is greater. Section 6.606. CONSTRUCTION PERMIT FEE Construction Permit Fee: $250.00 or .6% (six-tenths percent) of the estimated cost of constructing the telecommunication facilities, as certified by the applicant's engineer and approved by the Village, whichever is greater. Section 6.607. ANNUAL FEES Annual Fee: $1,000.00 CHAPTER 7 - SIGN REGULATIONS Section 7.610. PERMIT FEES A. Minimum nonrefundable deposit: $25.00 Sign Structure/Fee Freestanding signs (except temporary signs): $100.00 Temporary signs: $50.00 Wall, mansard signs: $75.00 Directional signs: $25.00 Off-premises advertising signs: $200.00 Awning and canopy signs: $50.00 Special event (balloon, searchlight) signs: $50.00 18 Section 7.705. NOTICE REQUIREMENT Fees: Appeal Variation Special use Text amendment $250.00 $200.00 $200.00 $250.00 CHAPTER 8 - VILLAGE GOVERNMENT MISCELLANEOUS PROVISIONS Section 8.802. LOCAL REAL ESTATE TRANSFER TAX IMPOSED Real Property Transfer Tax: for transactions entered into on or after May 1, 1990, $3.00 for every $1,000.00 value or fraction of$I,OOO.OO. Exemption Seal: $15.00 Section 8.804. APPLICATION FOR REBATE $2.00 for each one thousand dollars of the purchase price, so long as all of the requirements of this Section are met. ~ Section 8.807. EXEMPT TRANSACTIONS Actual Consideration: Less than $5,000.00. Section 8.902. IMPOSITION OF TAX 1011 /97 - 9/30/06 1 % of purchase price of food and beverages. 10/1/06 and thereafter .75% of purchase price of food and beverages. Section 8.1003, FEE ESTABLISHED (Ambulance Service) A. Fee: $200.00 B. Fee: $200.00 Section 8.1102. IMPOSITION OF TAX Home Rule Retailers' Occupation Tax: One-half of one percent (0.50%) of gross receipts of tangible personal property Section 8.1202. IMPOSITION OF TAX Home Rule Municipal Service Occupation Tax: One-half of one percent (0.50%) of gross receipts of sales of service Section 8.1302. IMPOSITION OF TAX Hotel/Motel Use Tax Three percent (3%) of gross rental receipts from rental, leasing or letting 19 Section 8.1402, PROPERTY TAX RELIEF GRANT Grant: $100.00 maximum. Section 8.1503, TAX IMPOSED (Telecommunications) 1. a. Rate: 3.3% of gross charge b. Rate: 3.3% of gross charge 2. a. Rate: 2% of gross charge b. Rate: 2% of gross charge Section 8.1601, GROSS RECEIPTS TAX IMPOSED (Utility Tax) A. 1. Rate: 3.204% of the amount of gross receipts 2. Rate: 3.204% of the amount of gross receipts B. Rate: 1.942% of gross receipts Section 8.180') , TAX IMPOSED (Motor Fuel) Rate: $0.01 per gallon. Section 8.1901. TAX IMPOSED (Gas Use) A. 1. Rate: $0.0147 per thermo 2. Rate: $0.0090 per thermo Section 8.1904(A)3, COLLECTION OF TAX Fee: Not to exceed 3% of the amounts collected Section 8.2003. INTEREST ON OVERDUE PAYMENTS. Interest Rate: 1 % of the amount due for each month or part of a month the tax remains unpaid CHAPTER 9 - PUBLIC UTILITIES, PAVEMENT AND TREE REGULATIONS Section 9.302(D)6, PLACEMENT OF WARNING LANTERNS Fee: $100.00, plus the Village's labor and equipment rental costs ,.- I~ Section 9.302(F)l, STREET OBSTRUCTION PERMIT Fee: Fee for street, alley or parkway $25.00/mo. or portion of a month for each 25 feet or portion of25 feet of frontage. The minimum fee shall be $50.00. ,- J~ Section 9.302(F)4. RENEWAL FEE Fee: Fee for renewal of permit $50.00 per 25 feet or fraction of25 feet (each month or portion of a month. Section 9.302(F)5. STREET OPENING PERMIT FEE Permit Fee: $100.00 20 )0 Section 9.304, DRIVEWAYS Fee: $25.00. 9 Section 9.406, RESTRICTIONS ON USE OF WATER A. Fee: See Section 9.410, except $100.00 minimum shall apply C. Construction Water Use deposit: $200.00 Section 9.409, WATER METERS A.2. Fee for turning on water following disconnection of service: $50.00 D.2 Deposit: $100.00 Section 9.41 0, WATER RATES A. . All Village water users within the Village, having a direct or indirect cOlmection with Village water mains or pipes: $4.09 per 1,000 gallons of portion of 1,000 gallons ofwater consumed. All Village water users outside the corporate limits of the Village having a direct or indirect connection with Village water mains or pipes: $8.18 per 1,000 gallons or portion of 1,000 gallons of water consumed. All Village water users located outside the boundaries of Special Service Area Number 5 shall pay an additional monthly availability charge based upon the size of the water meter as follows: 5/8 inch meter 3/4 inch meter 1 inch meter I - I /2 inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter $ I 0.00 15.00 27.50 42.50 87.00 150.00 250.00 475.00 990.00 B. Hook up charge for water furnished by the truckload: $10.00 Section 9.412, DELINQUENT AND UNPAID ACCOUNTS A. Fee for late payment: 10% of the total amount of such charges shall be due in addition to the charges for such services. B. Fee for shutting off and turning on the water: $50.00 21 Section 9.414. CROSS-CONNECTIONS PROHIBITED J. Cross Connection Control Program Administrative Fee: $10.00 Reconnection Fee: $10.00 1 t) K.2 Reconnection Fee: $50.00 Section 9.507, SEWER RATES C. All Village sewer users within the corporate limits of the Village having a direct or indirect connection with the Village's sewer and water mains or pipes: $1.32 per 1,000 gallons or portion of 1,000 gallons of water consumed. All Village sewer users within the corporate limits of the Village having a direct or indirect connection with the Village's sewer mains or pipes and not with the Village water mains or pipes: $3.53 per month per dwelling unit. All Village sewers outside the corporate limits of the Village having a direct or indirect connection with the Village's water and sewer mains or pipes: $1.32 per 1,000 gallons or portion of 1,000 gallons of water consumed. All Village sewers outside the corporate limits of the Village having a direct or indirect connection with the Village's sewer mains or pipes, but not with Village water mains or pipes: $3.53 per month per dwelling unit. Section 9.507.1, SEWER CONSTRUCTION FEE A. All village sewer users within the corporate limits of the village having a direct or indirect connection with the village sewer and water mains or pipes: $5.00 per account, per month. B. All village sewer users within the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes and not with the village water mains or pipes: $5.00 per month per dwelling unit. C. All village sewer users outside the corporate limits of the village having a direct or indirect connection with the village's water and sewer mains or pipes: $5.00 per account, per month. D. All village sewer users outside the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes, but not with village water mains or pipes: $5.00 per month per dwelling unit." 22 ~o Section 9.905, FEE Annual Fee: $50.00 for each 4,000 cubic feet or fraction thereof. ~ Section 9.906, CONVEYANCE OF PREMISES Fee: $50.00. CHAPTER 11 - MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS Section 11.202, LICENSE FEES See Section 11.3410 of this Division II Section I 1.604, LICENSE AND PERMIT FEES; Carnivals and Circuses 7 S- A. . Fee: $150.00 per day for each day of operation '36 0 Minimum Fee: $450.00. 7. su 1. Fee: $10.00 per day shall be charged for each concession operated in conjunction with a carnival. 7,~U 2. Fee: $10.00 per day shall be charged for each concession and/or side show operated in conjunction with a circus. 30 B. Fee/Rate: $45.00 per hour. ARTICLE VIII - GAME ROOMS Section 11.11 02. APPLICATION Nonrefundable Fee: $10.00 Section 11.1120, CHAUFFEUR LICENSE APPLICATION A. Nonrefundable Applicable Fee: $10.00. Section 1 I. I 136. SENIOR CITIZEN/HANDICAPPED SUBSIDIZED TAXICAB RATE PROGRAM: A. I. Rate/Maximum Amount: $3.00 2. $0.50. Section 11.1402. LICENSE FEES See Section 1 1.3404 of this Division II Section 11.2302, LICENSE FEES See Section 1 1.341 O(k) of this Division II . Section 1 I, 3004, APPLICATION FOR LICENSE (Raffles) 23 B.7. Fidelity bond: $10,000.00 \ 0 C. Nonrefundable Application Fee: $25.00 Section 11.3404. CLASS I ESTABLISHMENTS (General Business) Gross Floor Area In Square Feet Annual Fce o - 999 $ 60.00 1,000 - 4,999 75.00 5,000 - 9,999 100.00 10,000 - 19,999 125.00 20,000 - 29,999 175.00 30,000 - 39,999 225.00 40,000 - 49,999 275.00 50,000 - 74,999 350.00 75,000 - 99,999 425.00 100,000 and over 600.00 For any inspection taking place after midyear, the fee shall be reduced by 50%. Section 11.3405. CLASS II ESTABLISHMENTS Gross Floor Area In Square Feet Annual Fee 0- 999 $135.00 1,000 - 4,999 150.00 5,000 - 9,999 175.00 10,000 - 19,999 200.00 20,000 - 29,999 250.00 30,000 - 39,999 325.00 40,000 - 49,999 400.00 50,000 - 74,999 500.00 75,000 - 99,999 600.00 100,000 and over 700.00 For any inspection taking place after midyear, the fee shall be reduced by 50%. Section 11.3406, HIGH HAZARD SURCHARGE A. Surcharge: 150% of the business' annual fee B. Surcharge: 150% increase in the inspection limit Section 11.3407. MID-YEAR FEE REDUCTION 50% of annual fee 24 7t; 3DO ~ E. F. G. H. 1. Section 1 1.3408. TRANSFER OF LICENSE Fee: $20,00 Section 1 1 .3410. OTHER FEES A. Auctioneers B. Carnivals and circuses $450.00 c. Concessions and side show D. Coin-in-slot devices: l. Amusement devices/pinball! electronic games 2. Tobacco vending machines 3.. Juke boxes 4. 1 to 10 cent candy, gum and nuts 5. All other coin-in-slot or reverse coin devices Contractors: 1. All contractor licenses 2. Electrical contractor certificate Food service vehicles Gold and silver merchants: 1. Itinerant 2. Permanent buyer, trader or exchanger 3. Permanent seller only Golf courses/golf driving ranges/miniature golf courses Outdoor advertisers $150.00 annually; $50.00 per month for any period less than one year; $25.00 per day, for any period less than one month. $150.00 per day, with a mInImUm fee of plus $45.00 per hour ride inspection fee $7.50 per day associated with a carnival or CIrCUS $150.00 per machine annually $150.00 per machine annually $35.00 per machine annually $5.00 per machine annually $20.00 per machine annually $35.00 annually $35.00 annually $150.00 per vehicle annually $50.00 per day $175.00 annually See Class I Establishments $150.00 annually $225.00 annually 25 J. Parking lot employee identification card K. Scavengers and secondhand dealers: 1. Exclusive Residential license 2. All other scavenger or secondhand dealer licenses 1. Towing services/wreckers M. Shooting galleries N. Over-the-counter tobacco sales O. Itinerant merchant/vendors: 1. Itinerant merchant, hawker, peddler, or transient or vendor 2. Vending machine company 3. Itinerant retailer registration P. Promotional events Q. Public passenger vehicles: 1. Taxicab company: a. Before January 1,1988 b. After December 31, 1987 $5.00 per card annually $100.00 annually $300.00 annually $30.00 per tov,'ing truck annually $150.00 annually $50.00 annually $150.00 annually $75.00 per month for any period less than one year; $10.00 per day for any period less than one month $100.00 annually $20.00 per registration $20.00 per permit $35.00 $50.00 annually 2. Taxicab vehicle: a. Before January 1, 1988 $25.00 b. After December 31,1987 $35.00 annually 3. Livery vehicles: a. Before January 1, 1988 $35.00 b. After December 31, 1987 $50.00 annually 4. Chauffeurs: a. Before January 1,1988 $10.00 b. After December 31, 1987 $15.00 annually 26 Section 11.3411. LATE PAYMENTS A. Fee: 110% of the annual license fee B. Fee: 125% of the annual license fee C. Fee: 150% of the annual license fee D. Fee: 175% of the annual license fee E. Fee: 200% of the annual license fee Section 11.3608. FEES (Business Inspectors) Gross Floor Area In Square Feet Annual Fee 0- 999 1,000 - 4,999 5,000 - 9,999 10,000 - 19,999 20,000 and over $30.00 40.00 50.00 60.00 75.00 Section 11.3611, TRANSFER OF CERTIFICATE Fee: $20.00 CHAPTER 13 - ALCOHOLIC LIQUORS ARTICLE I - GENERAL PROVISIONS Section 13.103. APPLICATION FOR RETAILER'S LICENSE Nonrefundable application fee: $250.00 Section 13.104, MANAGEMENT ENTITIES Nonrefundable application fee: $250.00 Ce11ification fee: $750.00 Section 13.106. TERM; PRORATING FEE Administrative fee: $100.00 Section 13.107. LICENSES AND PERMITS License Classification Fee Class A Class B Class C $2,500.00 annually 2,000.00 annually 2,000.00 annually 27 Class F Class G Class H Class M Class MH Class P Class R Class Sand S 1 Class T Class V Class W Class XX Class Z Management entity 750.00 annually 2,000.00 annually 100.00 daily 2,000.00 annually o 2,000.00 annually 2,500.00 annually 750.00 annually 1,750.00 annually 2,000.00 annually 2,500.00 annually 2,500.00 annually 1,500.00 annually 1,500.00 annually 2,500.00 annually 2,000.00 annually 750.00 annually (same as certification fee) Class D Class E Section 13.116, CONSUMPTION ON PREMISES } D Permit fee: $25.00 per day Section 13.134. OPERATION OF A MOTOR VEHICLE BY UNDERAGE PERSONS WITH AN ALCOHOLIC BEVERAGE IN OR ON THE VEHICLE Administrative fee: $150.00 for Redeeming V chicle CHAPTER 14 - ZONING Section 14.311, OUTDOOR SALES AND STORAGE B-2-C Annual Special Permit Fee: $100.00, plus $0.50 per square foot Section 14.2305. RIGHT OF WAY LANDSCAPING Fee for planting in public parkway: As scheduled from time to time by the Village Manager. This shall also apply to B(5). CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES Section 15.309. FEES Fees: See Section 15.801 of this Division II below Section 15.406. FEES Fees: See Section 15.802 of this Division II below 28 :3oD 50 lOO IuD 150 z5D 100 Section] 5.503. FEES Fees: See Section 15.802 of this Division II below' Section 15.603. FEES Fees: See Section] 5.802 of this Division II below Section 15.702. INSPECTION PROCEDURES: DJ Reinspection Fee: $100.00 Section 15.801. SUBDIVISION PLAT AND DEVELOPMENT PLAN REVIEW FEES Preliminary Plat and Final Plat (total) $500.00 ($250.00 each) Resubdivision which consolidates existing lots Vacation plat Plat of easement Site plan review Appeal Development Code exception per site plan 150.00 200.00 200.00 250.00 plus $25.00/acre 350.00 250.00 Section 15.802. CONSTRUCTION GUARANTEES AND FEES C. Development Review Fees: 3% of the cost of total site improvements for the development, less the costs of mass grading and buildings. All fees for parkway tree planting shall be in addition to this 3% and shall be assessed according to the requirements of Section 14.2305 of the Village Code. . Section 15.803. CURB CUT FEE I D Fee: $25.00 Section 15.804. TV INSPECTION OF SEWERS 1 50 $2.50 for each lineal foot of sewer Section 15.805. STREET OPENING PERMIT FEE SO Fee: $100.00 Section 15.806; CONNECTION FEES A. Water connection tap-on fee: The "water connection tap-on fee" shall be based upon the size of the water tap made into the water system. The schedule of taps and charges shall be as follows: Size of Tap Charges 29 30(:) 1 inch $ 330.00 37~ 1-1/2 inches 412.50 <.f S; 0 2 inches 495.00 qoo 3 inches 990.00 ( SOU 4 inches 1,650.00 22S0 6 inches 2,475.00 ~ OQ() 8 inches 3,300.00 10 inches 4,125.00 3/~ { In the event any building or premises contains more than one dwelling or commercial unit, an additional permit fee of $150.00 shall be made for each such multiple permit. Lf'D B. Chlorination fee: A chlorination fee of$75.00 shall be assessed for each water main and fire main system for up to two tests. Any additional tests shall be $75.00 each. D. Sewer Connection Tap-On Fee: $175.00 for each separate building connection which contains not more than 10 water outlets or floor drains discharging to the sanitary sewer system. 150 For each additional water outlet or floor drain contained in said premises in excess of 10 outlets there shall be an additional sewer connection tap-on fee for said connection of$25.00 per water outlet or floor drain. Section 15.807, VILLAGE DONATION VILLAGE DONA nON BY TYPE OF DWELLING UNIT Type Of Unit Fee Detached single-family Attached single-family (Townhouse, row house, quadruplex, etc. $1 ,450.00/per unit 1 ,350.00/per unit Apartments 850.00/per unit Section 15.808: PARKWAY TREE FEES Village cost as established from time to time by Village Manager Subparagraph 5 provides for additional costs. CHAPTER 16 - SITE CONSTRUCTION STANDARDS Section 16.401, GENERAL (Water Distribution System) 30 8.1. Permit Fee: See Section 15.806 Section 16.407. WATER SERVICES 1. Water Connection Tap-On Fee: See Section l5.806A Section 16.501. GENERAL (Sanitary Sewer Svstem) 8. 1. Permit Fee: See Section 15.806 Section 16.505, INSPECTION AND TESTING A. 1. Public Sewer Fee: See Section 15.804 Section 16.506, SANITARY SEWER SERVICES A. Sewer Connection Tap-On Fee: See Section l5.806C Section 16.604, INSPECTION AND TESTING A. Public Sewer Fee: See Section l5.804 CHAPTER 17 - VEHICLE LICENSES Section 17.103 LICENSE FEES Section A. Effective February 1, 1998 1. Firs D' . . h' I I d' t IVlSlOn ve IC es, exc u mg motorcyc es, motor n yen cyc es an motor ICYCles: Annual Class Type of Vehicle License Fee W Passenger Automobiles $36.00 d' d b' The annual fee for a noncommercial vehicle license for a vehicle owned and operated by a resident of age sixty five (65) or older shall be twelve dollars ($12.00). Only one age sixty five (65) or older rate per family shall be allowed. Additional vehicles shall licensed at the rated set out above. 2. Motorcycles, motor driven cycles and motor bicycles: Annual Class License Fee M $24.00 3. Second division vehicles: a. Motor trucks, tractor -semi-trailer units and motor buses that do not beard a State ofIllinois license plate with the "School Bus" designation: 31 Gross Weight In Pounds of Annual Class Vehicle Plus Its Maximum Load License Fee B 8,000 or less $ 54.00 D 8,001 to 12,000 78.00 F 12,001 to 16,000 78.00 H 16,001 to 26,000 120.00 J 26,001 to 28,000 120.00 K 28,001 to 32,000 120.00 L 32,001 to 36,000 120.00 N 36,001 to 40,000 150.00 P 40,001 to 45,000 150.00 Q 45,001 to 50,000 180.00 R 50,00 I to 55,000 180.00 S 55,001 to 59,500 180.00 T 59,501 to 64,000 180.00 V 64,001 to 73,280 210.00 X 73,218 to 77,000 21 0.00 Z 77,001 to 80,000 210.00 (1) A self-propelled vehicle operated as a tractor and one semi-trailer shall be considered as one vehicle in computing the above license fees, and not additional license fee shall be required for said semi-trailer so used. (2) The owner of each vehicle who has elected to pay a mileage weight tax to the State of Illinois shall be required to be licensed as provided in this Chapter. b. Motor buses with State of Illinois license plated designating "School Bus" owned and operated by a commercial enterprise shall pay an annual fee of twelve dollars ($12.00) for each such vehicle bearing said "School Bus" designation. 32 c. Motor buses with State of Illinois license plate designation "School Bus" owned and operated by any governmental agency or not-for-profit organization shall have the annual license fee waived. d. A Class W passenger automobile with State of Illinois license plate designation "CY" owned and operated by any not-for-profit organization shall have the annual license fee waived; provided, however, that nor more than one such license fee shall be waived for said not-for- profit organization in any given licensing year. B, Effective February 1,2007: 1 F' d'" h' I I d' d' d b'cycles: lrst IVlSlOn ve IC es, exc u mg motorcyc es, motor n ven cyc es an motor I Annual Class Type of Vehicle License Fee W Passenger Automobiles $30.00 The annual fee for a noncommercial vehicle license for a vehicle owned and operated by a resident of age sixty five (65) or older shall be ten dollars ($10.00). Only one age sixty five (65) or older rate per family shall be allowed, Additional vehicles shall licensed at the rated set out above. 2 M d' d b' otorcyc es, motor n ven cyc es an motor ICYC es: Annual Class License Fee M $20.00 3, Second division vehicles: a. Motor trucks, tractor semi-trailer units and motor buses that do not bear a State of Illinois license plate with the "School Bus" designation: Gross Weight In Pounds of Annual Class Vehicle Plus Its Maximum Load License Fee B 8,000 or less $ 45.00 D 8,001 to 12,000 65.00 F 12,001 to 16,000 65.00 H 16,001 to 26,000 100.00 33 Gross Weight In Pounds of Annual Class Vehicle Plus Its Maximum Load License Fee J 26,001 to 28,000 100.00 K 28,001 to 32,000 100.00 L 32,001 to 36,000 100.00 N 36,001 to 40,000 125.00 P 40,001 to 45,000 125.00 Q 45,001 to 50,000 150.00 R 50,001 to 55,000 150.00 S 55,001 to 59,500 150.00 T 59,501 to 64,000 150.00 V 64,001 to 73,280 175.00 X 73,218 to 77,000 175.00 Z 77,001 to 80,000 175.00 C Trailers: Gross Weight In Pounds of Annual Class Vehicle Plus Its Maximum Load License Fee TAC 3,000 or less $ 30.00 TBC 3,001 to 5,000 40.00 TC 5,001 to 10,000 45.00 TD 10,001 to 14,000 55.00 TF 14,001 to 20,000 60.00 TL 20,001 to 36,000 65.00 (Ord. 3269,10-5-1932; Ord. 3495,2-5-1985; Ord. 3669, 6-17-1986; Ord. 4101,10-17-1989; Ord. 4617,1-18-1004, eff. 2-1-1994; Ord. 4875, 7-15-1997, eff. 2-1-1998) Section 17.105, DEALERS' LICENSES 34 A. Annual Fee: $36.00 effective 1-1-1998 through 1-31-2007 B. Annual Fee: $30.00 effective after 1-31-2007 Section 17.1 08, PLATES AND WINDSHIELD STICKER Section B Additional fee charge for replacement: $2.00 Section 17.109, TRANSFER Section C Transfer fee: $2.00 Transfer fee for the newly acquired vehicle: $2.00 CHAPTER 18 - TRAFFIC Section 18.406, DUTY TO REPORT ACCIDENT Dollar amount: 100.00 Section 18.413, FURNISHING COPIES, FEES Copy of traffic accident report: $5.00 for each copy Section 18.1322, PAY PARKING ZONES Section C-l, subsection b, Parking Within Municipal Parking Lots Deposit: $1.50 Section C-2, subsection b, parking On Specified Public Roadways Deposit: $2.00 Section G-I , Parking Meters Deposit of Coins Equal to Parking (Except Pennies) Time Limit $0.05 112 Hour 0.10 I Hour 0.15 11/2 Hours 0.20 2 Hours 35 Deposit of Coins Equal to Parking (Except Pennies) Time Limit 0.25 21/2 Hours 0.30 3 Hours 0.35 31/2 Hours 0.40 4 Hours 0.45 41/2 Hours 0.50 5 Hours 0.55 51/2 Hours 0.60 6 Hours 0.65 61/2 Hours 0.70 7 Hours 0.75 12 Hours Section 18.1326, TOWING AND STORA.GE OF IMPROPERLY PARKED VEHICLES Section 0 3 "--7,J '1\ 1. A towing fee of sixty dollars ($60.00) for passenger automobiles and eighty dollars ($80.00) '"::> J 1 v for trucks or vehicles other than passenger automobiles. \~ 2. A fee of up to twenty-five dollars ($25.00) for any necessary work performed by the Village in order to permit the vehicle to be towed. ~ 3. A fee per day of ten dollars ($10.00) for outside storage and fifteen dollars ($15.00) for indoor storage of the vehicle towed. Section 18.1327, LEASED PARKING ZONES Section C 1. Annual rental fee: $90.00 Section C 2. Annual rental fee: $240.00 36 Section 18.1423. PROHIBITIONS ON SNOW REMOVAL: OBSTRUCTION OF SNOW REMOV AL: TOWING AND STORAGE OF VEHICLES: FEES; PENALTIES 3c;' lfO Section E 1. Towing fee: $60.00 for passenger automobiles Towing fee: $80.00 for trucks or vehicles other than passenger automobiles \S- 2. S- 3. ?) Fee: $25.00 for any necessary work performed in order to permit the vehicle to be towed Fee: $10.00 per day for outside storage of the vehicle towed Fee: $15.00 per day for indoor storage of the vehicle towed Section 18.1701. LIMITED WEIGHT STREETS; TRUCK ROUTES E. Special load permits: 2. One way permit: $35.00 Round trip permit: $70.00 Multiple routing permit: $150.00 Continuous operation for one year: $500.00 Administrative fee: $10.00 Section 18.1813. VEHICLE SEIZURE AND IMPOUNDMENT Administrative fee: $150.00 in addition to the fees for the towing and storage of the vehicle Section B Cash Bond: $150.00 plus fees for towing the vehicle. Section C Administrative fee: $150.00 plus fees for towing and storage of the vehicle. Section 18.1907. VEHICLE IMMOBILIZATION AND IMPOUNDMENT FOR VIOLA nONS F. 2. b. Fine: $500.00 or 50% of the total fines for outstanding citations, whichever is less. H. Immobilization fee: $60.00 CHAPTER 19 - HEALTH REGULATIONS Section 19.521, LICENSE FEE (Health Spa) 3 D License Fee: $60.00 Section 19.528, HEARING REGARDING LICENSE SUSPENSION OR REVOCA DON (Health fuml 37 \ .()U G. \.00 \S- lO Zu It> Deposit Fee: $2.00 per page Section 19.603, AMENDMENTS. DELETIONS AND MODIFICATIONS (Swimming Pools) B, Art II (2) License Fee: $75.00 B, Art II (15) Deposit Fee: $2.00 per page CHAPTER20-ANIMALS Section 20.202 LICENSE APPLICA TrON; FEE: Section C. License Fee Section I Annual License Fee: $5.00 Semi-Annual License Fee: $2.50 Section 2 Annual License Fee: $2.50 Semi-Annual License Fee: $1.25 Section 20.206 IMPOUNDMENT PROCEDURES, Paragraph C , Section 1 Dog or cat impounded as unlicensed stray: $25.00 plus mandatory licensing within ten (10) days. Dog or cat impounded as licensed stray: $15.00. Horse impounded as stray: $150.00. Any species of animals other than dog, cat or horse: $25.00 plus mandatory application for pennitto own if species is covered by any other protective law. CHAPTER 21 - BUILDING CODE Section 21.103 BOCA NATIONAL BUILDING CODE ADOPTED, Section A Subsection 8 Amount: $1,000.00 Subsection 9 Amounts: $100.00 and $1,000.00 Section 21.209, USE OF STREETS FOR BUILDING PURPOSES Rate: $25.00 per day or fraction of a day Section 21.303 BUILDING PERMIT FEES Cost of the work authorized by said permit does not exceed one thousand dollars ($1 ,000.00): $25.00 38 Cost of the work exceeds one thousand dollars ($1,000.00): $25.00 for the first one thousand ($1,000.00) of cost, plus ten dollars ($10.00) for each additional one thousand dollars ($1 ,000.00) of cost or fraction thereof. Section 21.304 ELECTRICAL PERMITS Minimum permit fee shall be twenty five dollars ($25.00) For the inspection of original installation of a one- or two-family dwelling, the fee shall be: o to 1,000 sq. f1. $30.00 1,001 to 1,599 sq. [1. 35.00 1,600 to 2,399 sq. f1. 40.00 2,400 to 2,999 sq. ft. 45.00 3,000 sq. ft. and over 50.00 In addition to the foregoing, an electrical service fee shall be paid in accordance with schedule for new service fees, and a charge of twenty-five dollars ($25.00) for power-consuming devices such as, but not limited to, ale units, heat pumps and solar devices. Conversions of single- family residences, such as garages, recreation rooms, dormers, etc., the permit fee shall be computed as: minimum fee, twenty file dollars ($25.00), with a maximum of two (2) circuits. For more than two (2) circuits, consult the circuit fee schedule 73. Commercial and industrial remodeling: minimum fee plus fee from circuit schedule and fee from service schedule. The fee for the inspection of electrical motors or power-consuming devices of one-half (112) hp or more other than lighting circuits: Base fee for each motor: Plus each horsepower or kilowatt over 1f2: $10.00 $1.00 Circuit count schedule: Circuits 2 And 3 Wire Circuit 1 $ 5.00 2 10.00 3 15.00 4 20.00 5 25.00 39 Circuits 2 And 3 Wire Circuit 6 30.00 7 35.00 8 40.00 9 45.00 10 50.00 11 54.00 12 58.00 13 62.00 14 66.00 15 70.00 16 74.00 17 78.00 18 82.00 19 86.00 20 90.00 21 94.00 22 98.00 23 102.00 24 106.00 25 110.00 26-50 inclusive 3.50 each additional 51-75 inclusive 3.25 each additional Over 75 3.00 each additional 40 Circuits 2 And 3 Wire Circuit For the inspection of a four (4) wire circuit, the fee shall be three (3) times the amount of a t\\'o (2) wire circuit. The fees for examination of plans when plans are submitted that are not in conjunction with construction or plumbing shall be twenty five dollars ($25.00). For the inspection for new services, the fees shall be as follows: 60 ampere service one meter $ 15.00 100 ampere service one meter 20.00 200 ampere service one meter 25.00 400 ampere service one meter 30.00 600 ampere service one meter 35.00 800 ampere service one meter 40.00 1,000 ampere service one meter 45.00 1,200 ampere service one meter 50.00 1,400 ampere service one meter 55.00 1,600 ampere service one meter 60.00 1,800 ampere service one meter 65.00 2,000 ampere service one meter 70.00 3,000 ampere service one meter 90.00 4,000 ampere service one meter 115.00 5,000 ampere service one meter 140.00 6,000 ampere service one meter 165.00 7,000 ampere service one meter 190.00 8,000 ampere service one meter 215.00 41 60 ampere service one meter $ 15.00 9,000 ampere service one meter 240.00 10,000 ampere service one meter 265.00 Each additional meter all service levels 5.00 For Service ampere ratings other than those listed, the fee is to be that provided for the next larger size as established by this subsection. When inspections are called for and reinspection is required, a reinspection fee of twenty five dollars ($25.00) will be deducted from bond or deposit fees. For feeders installed or increased in amperage and additional subpanels, installations for commercial and industrial occupancies only as a separate installation: One Feeder $25.00 Section 21.305. PLUMBING PERMITS Minimum Fee: Minimum permit fee shall be twenty five dollars ($25.00) New Fixtures: Replacement or installation of new fixtures shall be twenty five dollars ($25.00) plus eight dollars ($8.00) per fixture. Alterations: Alterations or a plumbing system shall be t\venty five dollars ($25.00) plus eight dollars ($8.00) for each fixture replaced or installed. Water Connection Tap-On Fee: The "water connection tap-on fee" shall be based upon the size of the water tap made into the water system. The schedule of taps and charges shall be as follows: Size of Tap Charges 1 inch $300.00 1% inches 375.00 2 inches 450.00 3 inches 900.00 4 inches 1,500.00 6 inches 2,250.00 42 Size of Tap Charges 8 inches 3,000.00 1 0 inches 3,750.00 In the event any building or premises contains more than one dwelling or commercial unit, an additional permit fee of one hundred fifty dollars ($ 1 50.00) shall be made for each such multiple permit. All applicants for water service shall provide and pay the costs of construction, both labor and material, of the water service from the main to the premises to be served. This construction work in connection with the water service shall be performed by a licensed plumber who has a properly executed bond on file in the office of the Village Clerk. The water meter shall be furnished by the Village and a charge made to cover the cost of such meter. For the connection charge, the Village will inspect the water service to determine that the construction thereof is in accordance with specifications established by the Village for the regulation of the water and sewer system. Chlorination Fee: A chlorination fee of forty dollars ($40.00) shall be assessed for each water main and fire main system. Section 21.306, GAS PIPING PERMITS Fee: Fifteen dollars ($ 1 5.00) per inch (J.D.) plus an additional eight dollars ($8.00) on each twenty five (25) lineal feet or fraction thereof. Section 21.307, AIR CONDITIONING AND REFRIGERATOR PERMITS Single family residences: $25.00 Other users: $10.00 plus $5.00 per ton or fraction thereof. Section 21.308. MECHANICAL EQUIPMENT INSTALLATION PERMITS Mechanical equipmem permit fees other than air conditioning, refrigeration, combustion, elevators and fire protection systems: $25.00 for the first $1,000.00 ofvaluation, plus $6.00 for each additional $1,000 of cost or fraction thereof. Fire protection system fees shall be as follows: Automatic sprinkler systems: Number of new or relocated sprinklers Fee 1 -20 $ 75.00 43 Number of new or relocated sprinklers Fee 21- 1 00 100.00 10 1-200 125.00 201-300 150.00 301-400 175.00 401-500 225.00 Over 500 an additional $25.00 per 100 or fraction thereof Standpipes: $50.00 for each standpipe system. Fire pumps: $75.00 for each pump, regardless of size. EXCEPTION: Jockey pumps. Fire alarm system: $75.00 for any system (manual or automatic). Miscellaneous: Other Suppression Systems: $50.00 Kitchen Hoods: $50.00 Underground Tanks (install/remove) $35.00 Section 21.309, SEWER PERMIT FEES Sewer Connection Tap-On Fee: $150.00 for each separate building connection which contains not more than ten water outlets or floor drains discharging to the sanitary sewer system. For each additional water outlet or floor drain contained in said premises in excess of ten outlets there shall be an additional sewer connection tap-on fee for said connection of $25.00 per water outlet or floor drain. In the event any building or premises contains more than one dwelling unit or commercial unit, an additional permit fee of $150.00 shall be made for each such multiple unit. Additional Fee: 1. Two percent (2%) of the construction cost of the improvements when such cost is fifty thousand dollars ($50,000.00) or less. 2. One and five-tenths percent (1.5%) of the construction cost of the improvements when such cost is over fifty thousand dollars ($50,000.00). 44 Section 21.310, STREET OBSTRUCTION PERMIT FEES See Section 9.302(F) Section 21.312, CONSTRUCTION NUISANCE ABATEMENT DEPOSIT See Section 15.802(B) Section 21.313. WATER METER RENTAL FEES, CONSTRUCTION WATER USE FEES AND CROSS-CONNECTION CONTROL FEES Construction Water Use Fee: $200.00 I () Cross-Connection Control Program Administrative Fee: $25.00 Section 21.314, ELEVATOR ESCALATOR AND DUMBW AlTER PERMIT AND INSPECTION FEES 1. Permit Fees: 1. For each elevator servicing a building up to and including three (3) floors: $50.00. 2. Each additional floor in excess of three (3) floors: $10.00 per floor. Semi-Annual Inspection Fees: $35.00 2. Section 21.315. PLAN EXAMINATION FEES For single-family homes: $50.00. For garages, normal accessory buildings for single-family homes, and miscellaneous plans: $25.00. For all other alterations, construction or repair of buildings and structures, the following system shall apply: The fee for plan examination is related to the complexities of the work involved. The fee is based on: 1. The size of the building (Base Fee). 2. The type of construction (Base Fee Multiplier). 3. The use group (Base Fee Multiplier). 4. The type of mechanical plans (Mechanical Plans Multiplier) included in the submittal. The quotation is as follows: Plan Exam Fee - (Base Fee) x (Base Fee Multiplier) x (Mechanical Plans Multiplier) Example: Use Group C (mercantile) Floor area 5,000 square feet Height - 2 stories, 20 feet Type II-C construction Plans include building, mechanical and plumbing The volume of the building is 5,000 square feet x 20 feet = 100,000 cubic feet The base fee is $200.00 45 The base fee multiplier is 0.9 The mechanical plans multiplier is IAO Plan Exam Fee = 200.00 x 0.9 x 1.40 = $252.00 Base Fee Building Volume (cubic Fee) Plan Exam Base Fee o to 20,000 $ 70.00 20,000 to 40,000 90.00 40,000 to 80,000 145.00 80,000 to 150,000 200.00 150,000 to 200,000 235.00 Over 200,000 235.00 Plus 2.35 per Each 10,000 cubic feet Over 200,000 cubic feet Tvpe of Construction Use Group I II IIe III mc IV A Hazardous B Storage D Industrial 1.1 1.0 0.8 0.9 0.8 0.8 C Mercantile 1.2 1.1 0.9 1.0 0.9 0.9 E Business F Assembly 1.5 1.3 1.1 1.2 1.1 1.0 H Institutional 2.1 2.0 1.7 1.8 1.7 1.6 L Residential 1.4 1.3 1.1 1.2 1.1 1.0 Mechanical Plans Multiplier 46 i\1echanical Plans Multiplier Plans Submitted Multiplier Mechanical 1.25 Plumbing 1.15 Electrical 1.10 Mechanical and plumbing 1.40 Mechanical and electrical 1.35 Plumbing and electrical 1.25 Mechanical, plumbing and 1.50 electrical To calculate plan review fee: Fee = Base Fee x Base Fee Multiplier x Mechanical Plans Multiplier. A preliminary plan review fee shall be 0.50 times the regular fee. Automatic sprinkler/standpipe systems - $50.00. In all instances where the plans submitted for review are required to be examined by the Health Division for compliance with rules, regulations and specifications under its jurisdiction, there shall be additional fees charged as follows: Plan review - multiple-family use Plan review - restaurant and food store uses Plan review - all other uses Plan compliance inspection fee $20.00 $35.00 $25.00 $40.00 In all instances where the plans submitted for review are required to be examined by the Fire Department for compliance with rules, regulations and specifications under its jurisdiction, there shall be an additional fee of $35.00. EXCEPTION: Those plans submitted for review of items covered in Section 21.308. Section 21.316, GASOLINE STORAGE TANK PERMITS Fee: $125.00 Section 21.317, BUILDING REINSPECTION FEES Reinspection Fee: $25.00 47 )06 Section 21.318 DEMOLITION AND MOVING OF BUILDINGS: FEES AND BONDS C. Demolition Permit Fee: $200.00 plus a fixed fee computed at a rate of $1 0.00 for each ten feet (10') of height of such building or structure above ten fee (10') in height. Minor Demolition Permit Fee: $50.00. Moving Building Permit Fee: $1,000.00. -- 2.'::> D. 'l-C() E. Section 21.319, CERTIFICATE OF OCCUPANCY L S Final Fee for residential buildings: $50.00 for each dwelling unit. 5"U Fee for other uses: $100.00 Section 21.320, FENCE PERMITS ?cS '-- Fee: $40.00. Section 21.322, DRIVEWAY PERMIT FEES Village cost as established from time to time by the Village Manager. Section 21.605, EXTERIOR OPENINGS IN VACANT STRUCTURES /J c.: $ L- J B. 1. Permit fee: 50.00 Section 21.607, ENFORCEMENT FEES Monthly Enforcement Fee: For properties with 1 to 4 dwelling units that are not in $50.00 compliance within a particular complex For properties with 5 to 20 dwelling units that are not in $100.00 compliance within a particular complex For properties with more than 20 dwelling units that are not in $150.00 compliance within a particular complex Section 21.608, EXCEPTIONS TO ENFORCEMENT FEES C.1. Fee: $600.00 2. Fee: $600 - $1,500.00 3. Fee: $1,500.00 CHAPTER 23 - OFFENSES AND MISCELLANEOUS REGULATIONS Section 23.701, LICENSE REQUIRED, FEE 48 For the use or operation of any radio receiving set, $100.00 for any day or part of a day for which talking machine, amplifier or other similar device licensee desires to be licensed hereunder to be operated from a fixed location and not in a moving vehicle For the use or operation of any radio receiving set, $25.00 for any day or part of a day for which talking machine, amplifier or other similar device licensee desires to be licensed hereunder to be used in a moving vehicle along the streets Section 23.903. APPLICATION FOR PERMIT (Mass Gatherings) Application Fee: $100.00 Section 23.1612. CONDOMINIUM CONVERSIONS-OCCUPANCY CERTIFICATES, INSPECTIONS AND FEES Fee for inspection of the common areas: $100.00 Fee for inspection of each unit: $10.00 Section 23.1704, LICENSE FEE (Alarm Systems) Annual License Fee: $10.00 If fee Received after February 1 of the Year the License is Required: $20.00 Section 23.1714, CHARGES FOR RESPONSE TO FALSE ALARMS AND REPORTS 3rd response $10.00 4th response $20.00 5th response $50.00 6th response $60.00 ih response $75.00 8th response $75.00 9th response $75.00 10 or more responses $100.00 per response Section 23.1813. LICENSE TO OPERATE MULTI-FAMILY RENTAL STRUCTURES License Application Fee: License Year . 1998/99 1999/00 2000/01 and thereafter Amount $20.00 per unit $25.00 per unit $31.00 per unit Section 23.1814. INSPECTIONS BY VILLAGE Additional Inspection Fee: $50.00 per unit Section 23.2103, RETURN OF ABANDONED SHOPPING CARTS 49 15 1-1;3 Fee to reclaim abandoned cart: $50.00 per cart Removal and disposal charge: $50.00 CHAPTER 25 - THE VILLAGE CODE SECTION 25.304, SALE OF COPIES Fee: $100.00 for each copy Additional Sum: $50.00, per year, in advance. 50 DIVISION III PENALTIES AND FINES CHAPTER 2 - GENERAL PROVISIONS It) Section 2.206, ENFORCEMENT OF DECORUM \ t>JSD Fine: Not less than $100.00 nor more than $500.00 CHAPTER 4 - APPOINTIVE VILLAGE OFFICERS ~{vP Section 4.912, PENALTY (Fire Department) Fine: No less than $100.00 nor more than $500.00 for each offense CHAPTER 6 - TELECOMMUNICATIONS CODE Section 6.108, PENALTIES (Telecommunications) Fine: Not less than $100.00 nor more than $750.00 Section 6.5.607, SERVICE, ADJUSTMENT AND COMPLAINT PROCEDURE Section G, subsection 8 Penalty: $200.00 per day Section 6.5.712, PENALTIES (Cable TV) B. The following penalties apply for each of the following acts or omissions by the grantee. Each penalty is a dollar amount per day for each day, or part thereof, that such act or omission occurs or continues. 1. For failure to activate the system in accordance with the franchise agreement, unless the Village approves the delay: $200.00 '1 .L. For failure to complete system construction, in accordance with grantee's franchise, within the primary service area, unless the Village approves the delay: $200.00 -. j. For failure to provide data, documents, reports or information or to cooperate with the Village during any performance evaluation session provided for in Section 6.5.404 of this Article: $50.00 4. For failure to test, analyze and report on the performance of the system following a request by the Village: $50.00 51 5. For failure by grantee to modify the system or provide additional services within forty five (45) days after required by the Village following a performance evaluation session: $200.00 6. For failure by grantee to comply with construction, operation or maintenance standards within forty five (45) days following notice from the Village: $200.00 C. Fine: $500.00 for each offense. Section 6.907, PENALTIES (Telecommunications Infrastructure Maintenance Fee) Fine: Not less than $1,000.00 for each day that a violation continues. CHAPTER 7 - SIGN REGULATIONS /" Section 7.640, ILLEGAL SIGN (BOTH TEMPORARY AND PERMANENT) 2,S Fine: Not less than $50.00 or more than $200.00 per day of violation. \0/'300 CHAPTER 8 - VILLAGE GOVERNMENT MISCELLANEOUS PROVISIONS Section 8.111.1, USE OF BADGES OF OFFICE Fine: Not less than $200.00 nor more than $1,000.00 for each violation. Section 8.115, CONFLICTS OF INTEREST Fine: Not to exceed $500.00 and/or removal from office. Section 8.117, PENALTY (Officers; Employees) Fine: Not to exceed $500.00, and/or removal from office. Section 8.206. PENALTY (Defacing Village Lockup) Fine: Not less than $100.00 nor more than $500.00 for each offense. Section 8.303, NUMBERS ON HOUSES \ . 0 D Fine: $5.00 for each day during or on which a failure to so number continues. lC;fiJ Section 8.503, INJURY TO PUBLIC PROPERTY 1P Fine: Not less than $200.00 nor more than $1,500.00 for each offense. Section 8.516, PENALTY FOR NSF CHECKS Penalty Fee: $20.00. 52 Section 8.605. STRIKES Fine: Not less than $100.00, or more than $500.00 for each such violation, and each day a violation is found to exist shall constitute a separate violation. 9!'O\) Section 8.606. PENALTIES (Emplovee Organization) Fine: Not less than $100.00 nor more than $1,000.00. Section 8.818, PENALTY FOR VIOLATION Penalty and Fine: Not less than $500.00 Section 8.909, PENALTY (Operating Food or Liquor Facility After Notice of Revocation or Suspension) Fine: Not less than $200.00 per day. Section 8.1308. VIOLATIONS Fine: Not less than $200.00 nor more than $1,000.00 for each offense. Section 8.20 10, PENALTIES (Failure to Pay/Local Government Taxpayers Bill of Rights) A. Rate: 5% on the amount of tax due B. Rate: 5% on the amount of tax due CHAPTER 9 - PUBLIC UTILITIES, PAVEMENT AND TREE REGULATIONS Section 9.103, cn A TION AND PENALTY (Improper Use of Public Facilities) Fine: Not less than $200.00 nor more than $1,500.000 for each offense. Section 9.407, PENALTY (Water Usage) Settlement of Claims Schedule a. In the event that payment is made prior to the mailing by the Village or by the official of a final notice, the following amounts shall be accepted as settlement: ",-- J.'? Improper taking of water from any fire hydrant $100.00 Watering and/or sprinkling during prohibited hours $15.00 Watering and/or sprinkling during prohibited hours upon declaration of an emergency $25.00 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 amounts shall be accepted as settlement: :70 Improper taking of water from any fire hydrant $150.00 53 VJ 30 COD ) 00[':> F. ti/'lO\) Watering and/or sprinkling during prohibited hours $25.00 Watering and/or sprinkling during prohibited hours upon declaration of an emergency $35.00 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 and a complaint filed in the Circuit Court of Cook County, 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 Chapter 9, Article IV, Section 9.407F of this Code. Fine: Not le~s than $150.00 nor more than $1,000.00. Section 9.412, DELINQUENT AND UNPAID ACCOUNTS (Water) A. Penalty for late payment: 10% of the total amount of such charges shall be added thereto and shall be due in addition to the changes for such services. B. Penalty for shutting off and turning on the water: $50.00. Section 9.414, CROSS CONNECTIONS PROHIBITED K.4. Penalty: Not less than $100.00 nor more than $1,500.00 for each offense. Section 9.509, PENALTY (Illegal Sewage or Septic Systems) Fine: Not less than $500.00 or more than $1,500 for each violation. rr:p Section 9.713. DUTCH ELM DISEASE CONTROL \01)}:> H. Fine: Not less than $500.00 nor more than $1,500.00 for each offense. ;;5' t5' Ze:; d-~ SO 50 [00 { 00 [DO '3C>O ~D lfDl> Section 9.718, PENALTY (Iniury to Trees) Violations Marking a public tree in any way Attaching a sign or other object to a public tree Driving any object into a public tree Planting a tree on public property without a permit Paving over previously open root zone of a public tree Substantially changing the soil grade of a public tree Injuring or removing bark or limbs from a public tree Cutting or pruning a public tree without a permit Placement of potentially damaging materials near a public tree Topping a public tree Injuring or cutting roots of a public tree without a permit, or in violation of a permit Continuing work after suspension or revocation of permit Fines $ 50.00 50.00 50.00 50.00 100.00 100.00 150.00 150.00 150.00 300.00 400.00 500.00 54 5DO Failure to install or maintain required snow fencing around a public tree Placement of excessive soil, mulch or other fill materials around the trunk/root collar of a public tree Backfilling, excavation within a public tree drip line without the required root inspection Excavation within drip line of public tree without approval of the Forestry Division Equipment operation within drip line of public tree Failure to comply with a written tree protection plan Installation of sprinkler head within drip line of public tree Rate for destroyed or removed trees: $150.00 per inch of trunk diameter. Section 9.802, PENALTY (Utility Work) Violations 300.00 300.00 500.00 500.00 100.00 300.00 100.00 Fines Non-emergency work progressing without a permit 500.00 . Non-emergency work being performed inconsistent with approved permit 500.00 Emergency work progressing without proper oral notification and approval 500.00 A written permit has not been submitted after the oral approval of emergency work Continuing work after suspension or revocation of permit Failure to backfill excavated area after inspection by the Forestry Division Failure to remove tree after being directed by the Forestry Division Tree protection violation (See Art. V of Ch. 9 of Code) 500.00 500.00 500.00 500.00 A separate offense shall be deemed committed on each day during, on or which, a violation occurs or continues. Section 9.912. PENALTY (Subsidewalk Work) Not less than $100.00 nor more than $1,500.00 for each offense. CHAPTER 10 - LICENSES AND PERMITS Section 10.402, NOTICE OF ACTION AGAINST LICENSEE; PROCEDURE FOR HEARING E. Fine: Not less than $200.00 nor more than $1,000.00 per day. Section 10.404, OPERATING WITHOUT A LICENSE; PENALTY Fine: Not less than $100.00 or more than $1,000.00 for each day of operation without a license. CHAPTER 11 - MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS 55 Section 11.708, PENALTY: SUSPENSION OR REVOCATION OF LICENSE (Amusement Devices) Fine: Not more than $500.00 for each such violation. Section 11.809, PENALTY (Game Rooms) Fine: Not more than $500.00 for each such violation. Section 11.905. PENALTY (Contractor Licensing) Fine: Not less than $50.00 nor more than $500.00 for each offense 9)/ SOD Section 11.1141. PENALTY FOR VIOLATION (Taxicab Violations) Fine: Not less than $500.00 nor more than $2,500.00. Section 11.2827, PENALTY (Vendors. Solicitors and Others Engaged in Retail Sales and Services) Fine: Not less than $200.00 nor more than $1,000.00 ~/g>Osection 11.2912. PENALTIES (Jewelry Merchants) 9 Fine: Not less than $250.00 nor more than $1,500.00 per day. 1 ciJ Section 11.3502, PENALTIES FOR MISDEMEANORS (General Penalty) r:; '> B. Fine: Not less than $100.00 nor more than $2,500.00 per day. Section 11.3613, LATE PA YMENT (Business Certificates) A. Renewal Received After December 31 January 31 Last day of February March 31 May 31 But Before February 1 March 1 April 1 May 1 July 1 Fee . 110% of annual fee 125% of annual fee 150% of annual fee 175% of annual fee 200% of annual fee B. Penalty: Not less than $25.00 nor more than $500.00 per day. Section 11.3 710, SUSPENSION: REVOCATION OF LICENSE. FINES. COSTS (Tobacco Sales- Administrative) A. Fine: Not less than $200. nor more than $500.00 for each violation. Section 11.3712. PENALTIES (Tobacco Sales - Circuit Court Fines) Fine: Not less than $200.00 nor more than $500.00 for each offense. Section 11.3 806, PENALTY (Newspaper Vending Machines) Fine: Not less than $250.00 per day for each day that the violation occurs. 56 CHAPTER 12 - FOOD CODE d)O 5/) Section 12.401. FINES ~ Fine: Not less than $250.00 nor more than $1,500.00 for each offense. CHAPTER 13 - ALCOHOLIC LIQUORS /tJS~ection 13.112. PENALTIES UPON HEARING BEFORE THE LOCAL LIQUOR CONTROL ~ (/1 COMMISSIONER Fine: Not less than $500.00 nor more than $2,500.00 Section 13.123. FIGHTING PROHIBITED: LICENSEES CONDUCT Fine for fighting: Not less than $250.00 Failure to give immediate notification to the Police Department or failure to file a report with the Liquor Control Commissioner: $500.00 Section 13.129, REGULATIONS WITH RESPECT TO UNDERAGE PERSONS Display of Card: UNDERAGE DRINKING If you are under 21, you are suhjectta a mandatoryfine of$500. 00 if you purchase any alcoholic liquor. If you misrepresent your age for the purpose of purchasing or obtaining any alcoholic liquor, you will also be su~ject to restricted driving privileges within the Village of Mount Prospect and a loss of your Illinois Drivers License. If you buy for or deliver an alcoholic beverage to an underage person, you will be subject to a mandatory fine of $1,000.00. Penalty: $500.00 Section 13.130, CONSEQUENCES OF FACILITATING THE USE OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS Penalty: $1,000.00 Section 13.131, USE OF FALSE IDENTIFICATION Mandatory Fine: $500.00 Section 13.136, PENALTY FOR VIOLATING DRIVING RESTRICTION Penalty: $500.00 57 Section 13.137, PENALTIES: GENERAL Fine: $250.00 for the first offense and $500.00 for each subsequent offense. Or community service at a rate of one hour of community service for every $10.00 of mandatory fine. CHAPTER 14 - ZONING Section 14.312, ELIMINATION OF UNPERMITTED SECOND HOUSEKEEPING UNITS Paragraph J Mandatory fine: Not less than $100.00 Mandatory fine: $1,000.00 (violation of Subsection AS) ()r~OO Section 14.313. REGULATIONS FOR PERSONAL WIRELESS TELECOMMUNICATION FACILITIES Each day that violation continues: Not less than $100.00 nor more than $500.00 CHAPTER 15 - SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT STANDARDS r:::D);cPsection 15.105, ENFORCEMENT, PENALTIES FOR VIOLATION L? B.l. Fine: Not less than $200.00 nor more than $1,000.00 per offense per day. CHAPTER 16 - SITE CONSTRUCTION STANDARDS t;t>Osection 16.107, ENFORCEMENT, PENALTIES FOR VIOLATIONS 9 Section B, Violation And Penalties . Fine: not less than $200.00 nor more than $1,000.00 per offense per day. CHAPTER 17 - VEHICLE LICENSES Section 17.110, VIOLATION, CITATIONS E. Effective February I, 1998, the violation claim described in said citation to be issued pursuant to the terms of this Chapter, may be settled, compromised and paid in the respective amounts set forth in the following schedule: I. In the event that said payment is made prior to the mailing by the Village of a notice of nonpayment, thirty six dollars ($36.00) shall be accepted as payment. 58 2. In the event that payment has not been paid prior to the mailing of such notice of nonpayment and in fact a notice of nonpayment has been mailed, fifty four dollars ($54.00) shall be accepted as settlement. 3. In the event that payment has not been paid within the time prescribed in the notice of nonpayment and a final notice has been mailed, ninety dollars ($90.00) shall be accepted in settlement. 4. In the event that payment is not made within the time prescribed in the tinal notice and a notice to appear has been served or a complaint filed in the Circuit Court of Cook County, payment of any fine and costs shall be in such amount not less than ninety dollars ($90.00) nor more than three hundred dollars ($300.00) as may be determined and established by the Circuit Court of Cook County for any such offense. F. Effective February 1, 2007, the violation claim described in said citation to be issued pursuant to the terms of this Chapter, may be settled, compromised and paid in the respective amounts set forth in the following schedule: 1. In the event that said payment is made prior to the mailing by the Village of a notice of nonpayment, thirty dollars ($30.00) shall be accepted as payment. 2. In the event that payment has not been paid prior to the mailing of such notice of nonpayment and in fact a notice of nonpayment has been mailed, forty five dollars ($45.00) shall be accepted as settlement. 3. In the event that payment has not been paid within the time prescribed in the notice of nonpayment and a final notice has been mailed, seventy five dollars ($75.00) shall be accepted in settlement. 4. In the event that payment is not made within the time prescribed in the final notice and a notice to appear has been served or a complaint filed in the Circuit Court of Cook County, payment of any fine and costs shall be in such amount not less than seventy five dollars ($75.00) nor more than three hundred dollars ($300.00) as may be determined and established by the Circuit Court of Cook County for any such offense. (Ord. 2509, 7-2-1974; Ord. 3205,4-20-1982; Ord. 3539, 6-4-1985; Ord. 4756,9-5-1995; Ord. 4875, 7-15-1997, eff. 2-1-1998). CHAPTER 18 - TRAFFIC '1)0 t1Jl S Section 18.204, FLEETING OR ATTEMPTING TO ELUDE POLICE OFFICER 7' Fine: Not less than $500.00 nor more than $2,500.00 \SUDsection 18.409, FALSE REPORTS g:> Fine: Not less than $500.00 nor more than $2,500.00 l~?~~ction 18.501.3, DRIVING WHILE INTOXICATED, TRANSPORTING ALCOHOLIC LIQUOR /1'0 AND RECKLESS DRIVING; PENALTIES ,?V Fine: up to $2,500.00 but not less than $1,000.00 59 5CD 500 ~o 5C0 The court may impose a fine less than $1,000.00, only where, after an evidentiary hearing, the court determines that a) such person is not financially able to pay a fine of $1 ,000.00, over the course of one year; and b) payment of a fine of $1 ,000.00 could cause undue hardship to someone dependent upon such person for support; and c) it is in the best interest of justice to impose a fine less than $1,000.00 '?DO In any case where a fine less than $1,000.00 is imposed, the court shall order such person to perform Gj;DO one hour of community service for each $10.00 by which $1,000.00 exceeds the fine imposed Section 18.502, TRANSPORTATION OF ALCOHOLIC LIQUOR; PENALTY E. Fine: not less than $100.00 nor more than $500.00 5)g:P Section 18.503, RECKLESS DRIVING l1 . Fine: Not less than $500.00 nor more than $2,500.00 1'1\/ ~OO Section 18.504, DRAG RACING ~v Fine: Not less than $500.00 nor more than $2,500.00 /1SVOSection 18.1102, PUNISHMENT (Operation of Motorcycles) ~Jl Fine: Not less than $100.00 nor more than $1,000.00 Section 18.1305, VIOLATION OF PARKING REGULATIONS: LEASED VEHICLES Fine: At least $25.00, but not to exceed $100.00 Section 18.1321, OBSTRUCTING FIRE LANES Fine: Not less than $25.00 nor more than $500.00 Section 18.1322, PAY PARKING ZONES Section J, Special Penalty 1. Fine: not less than $25.00 nor more than $200.00 Section 18.1324, HANDICAPPED PERSONS; PARKING PRIVILEGES Fine: Minimum of $1 00.00 for each offense, maximum fine of $500.00. \ tJ \ lOU Section 18.1534, TRACTORS, TRACTION ENGINES AND MOTOR TRUCKS; OPERATION ON HIGHWAYS; TURNING ON HIGHWAYS DURING F ARMING OPERA TIONS; VIOLATIONS Fine: Not less than $100.00 nor more than $500.00 for each offense \.( Section 18.1614, PENALTIES (Bicycles) \AI &1 t.., Fine: not less than $25.00 nor more than $50.00 60 Section] 8.1701. LIMITED WEIGHT STREETS. TRUCK ROUTES (Overweight Trucks) H. 1. Special Load Permits: Failure to obtain special load permit: $1,000.00 per trip 2. Modification to Special Load Permits: Failure to obtain written approval of modification: $1,000.00 per trip Excessive weight penalties on Village streets: Overweight fine: Not less than $500.00 nor more than $1,500.00 per each violation. " J. (jOtJ lSD1> 1<; ,<P Section 18.1814. PENALTIES (Abandoned Vehicles) Section A Fine: not less than $200.00 nor more than $1,000.00 Section 18.1905, PENALTIES (General Traffic) 13J Section A 0-<1:' Fine: Not less than $100.00 nor more than $1,500.00 Section C 1. Payment: $20.00 for Article XIII violations; $50.00 for other violations 2. Payment: $30.00 for Article XIII violations; $75.00 for other violations 3. Payment: $50.00 for Article XIII violations; $100.00 for other violations Section 18.1907. VEHICLE IMMOBILIZATION AND IMPOUNDMENT FOR VIOLATIONS Section F 2-b. Fine: $500.00 or 50% of total fines for outstanding citations, whichever is less. I. Not less than $1,000.00 CHAPTER 19 - HEALTH REGULATIONS \)ltlD Section 19.107, PENALTY (Violating Quarantine) Penalty: Not less than $100.00 nor more than $1,500.00 for each offense. Section 19.205. ENFORCEMENT, Section B. Penalty. Paragraph 5 (Garbage) r OD Payment made prior to the mailing by the Municipality or by the official of a final notice, the L-;. following amount shall be accepted as settlement: $50.00 r/ .ot Payment has not been made paid prior to the mailing of final notice, and in fact, final notice has been \) mailed, the following amount shall be accepted as settlement: $100.00 o \ ttP Section 19.206. PENALTY (Garbage and Refuse) I Fine of not less than $100.00 nor more than $1,000.00 for each offense. Section 19.209. FAILURE TO PAY GARBAGE COLLECTION BILL A. Interest Penalty: Equal to 20% of the unpaid portion of the bill 61 r1) \ S01:>Secti on 19.3 11. PENAL TY (Health Code V io lations l '?..... Fine of not less than $500.00 nor more than $1,500.00 for each offense. Section 19.407 . PENALTIES (Beauty and Barber Shops) Fine: Not less than $200.00 nor more than $1,000.00. ::D 1.;? Section 19.530 PENALTY (Health Spa Sanitation) ~ ~ Fine of not less than $200.00 nor more than $1,000.00 for each of Tense. ;oOSection 19.603, AMENDMENTS. DELETIONS AND MODIFICATIONS, Article II, Permits. r' l~ paragraph 19 (Swimming Pools): ~') Fine of not less than $100.00 nor more than $1,000.00 for each offense. cpO Section 19.704 PENALTIES AND ADDITIONAL LEGAL, EQUITABLE AND INJUNCTIVE RELIEF (Tattoos) Fine of not less than $200.00 or more than $2,500.00 for each offense. CHAPTER 20 - ANIMALS j} S/{UU F. S""D /00 Section 20.302, PENALTIES (Enforcement) E. 1. $25.00 2. $50.00 Fine: Not less than $50.00 nor more than $150.00 for the first offense. Not less than $100.00 nor more than $300.00 for the second offense Not less than $200.00 nor more than $500.00 for the third offense CHAPTER 21 - BUILDING CODE Section 21.103. BOCA NATIONAL BUILDING CODE ADOPTED, Section A Subsection 8 Amount: $1 ,000.00 Subsection 9 Amounts: $100.00 and $1,000.00. Section 21.216, RIGHT TO ENTER PREMISES Fine: Not less than $250.00 nor more than $1,000.00 Section 21.223, SUMP PUMPS AND DOWNSPOUTS 62 A. Fine: Not less than $200.00 nor more than $1,000.00 for each offense. ,/I D04;ection 21.403. PENALTIES (Building Violations) \ UDt t Penalty: Not less than $250.00 or more than $1,500.00 DO Work commenced without receipt of a permit: minimum penalty $250.00, maximum penalty \ to I Ill;) $1,500.00 for each and every category where the unauthorized work has begun. ""l\ Section 21.603, BOCA PROPERTY MAINTENANCE CODE ADOPTED: AMENDMENTS. PM Dlsry 109.2 Penalty Fine: Not less than $100.00 nor more than $1,500.00 CHAPTER 22 - FLOOD PLAIN REGULATIONS Section 22.113 PENALTY (Failure to Correct Violations) Fine: Not less than $100.00 or more than $2,500.00 for each offense CHAPTER 23 - OFFENSES AND MISCELLANEOUS REGULATIONS SDIgj) Section 23.103. MARIJUANA Fine: Not less than $150.00 nor more than $1,000.00 Section 23.115. CONTROL OF CONTROLLED SUBSTANCES AND INSTRUMENTS USED /r1\1} FOR INHALING OR INGESTION OF CONTROLLED SUBSTANCES qJ)V Fine: Not less than $200.00 nor more than $1,500.00 /,fPsection 23.116, PENALTY (General Offenses) . ~ ') Fine: Not less than $100.00 nor more than $1,500.00 for each offense \ I 'Lib Section 23.205, PROSTITUTION Fine: Not less than $1,000.00 nor more than $2,500.00 for each offense Section 23.206, OBSCENE AND HARASSING TELEPHONE CALLS B. Penalty: Not less than $500.00 nor more than $2,500.00 "-I~'U Section 23.303, PENALTY (Trespass) ~ ~ Fine: Not less than $100.00 nor more than $1,500.00 Section 23.401, DAMAGE. POSSESSION AND REMOVAL OF VILLAGE PROPERTY OR STRUCTURES OR INST ALLA TIONS ON VILLAGE PROPERTY C. Fine: Not less than $250.00 nor more than $1,000.00 for each offense 63 d1fD Section 23.402, DUMPING IN WELLER CREEK AND OTHER PLACES -...)/ B. Fine: Not less than $250.00 nor more than $1,000.00 for each offense r1~ Section 23.404, VANDALISM '(/"1 B. Fine: Not less than $250.00 nor in excess of $1,000.00 for each offense (1~Section 23.405, THEFT OF RECYCLABLES ')':,1 B. Fine: Not less than $250.00 nor in excess of $1 ,000.00 for each offense 'l,tOOSection 23.501, GAMBLING PREMISES 051 B. Fine: Not less than $1,000.00 nor more than $2,500.00 for each and every offense lzPCSection 23.502, GAMBLING DEVICES 'Jb D. Fine: Not less than $1,000.00 nor more than $2,500.00 for each offense ~zJP Section 23.504. PENALTY (Illegal Lotteries) Fine: Not less than $250.00 nor more than $2,500.00 for each offense Section 23.606. FIREARMS REGULATION WITH RESPECT TO SCHOOLS AND MINORS Fine: Not less than $1,000.00 Section 23.607, VANDALISM Penalties: Violation of subsection 23.607 A of the Code Not less than $200.00 nor more than $1,000.00 for each offense Violation of subsection 23.60781 of the Code Not less than $500.00 nor more than $1,000.00 Violation of subsection 23.60782 and 83 of the Not less than $500.00 nor more than $1,000.00 Code Violation of subsection 23.60784 of the Code Not less than $100.00 nor more than $500.00 Section 23.609. LOITERING FOR THE PURPOSE OF ILLEGALLY USING, POSSESSING OR SELLING OR BUYING CANNABIS OR CONTROLLED SUBSTANCES IS PROHIBITED Fine: Not less than $250.00 nor more than $1,000.00 for each offense Section 23.612, MAINTAINING PUBLIC NUISANCE Fine: Not less than $500.00 @ lOOP Section 23.614, PENALTIES (Public Nuisances) Fine: Not less than $200.00 nor more than $1,000.00 for each offense. Or if the Court determines, a fine and community service (1 hour for every $10.00 of mandatory fine) 64 ~ Fee to Settle the Violation Claim: $100.00 Fee to Settle the Violation Claim if the claim is not settled within the first period of 1 0 days: $150.00 Section 23.705. PENALTY (Sound Amplifiers) t;.Ol) Fine: Not less than $50.00 nor more than $200.00 for each offense. / Section 23.804, UNIFORMED FIRE AND POLICE GUARDS (Failure to Employ) 0'-:> Fine: Not less than $100.00 nor more than $500.00 for each offense. ') ~ Section 23.806. PENALTY (Violating Public Gathering Standards) (J..J Fine: Not less than $100.00 nor more than $500.00 for each offense. ~ roOt.. Section 23.910, FAILURE TO COMPLY; PENALTY (Violating Mass Gathering and Demonstration Standards) Fine: Not less than $250.00 nor more than $2,500.00 Section 23.1103, PENALTY (Failure to Disclose Land Trusts When Required) Fine: Not less than $250.00 nor more than $1,000.00 Section 23.1206, PENALTY (Housing Discrimination) Fine: Not less than $1,000.00 nor more than $5,000.00 for each violation. .. r(jJO Section 23.1307, PENALTY (Fireworks) l O~~ Fine: Not less than $500.00 nor more than $2,500.00 I Section 23.1404, PENALTY (Weeds) r 10 Fine: Not less than $100.00 nor more than $1,000.00 for each offense. cl~O Section 23.1505, PENALTY (Solicitation on Streets) ~./I Fine: Not less than $100.00 nor more than $1,000.00 for each offense. 300J0u q>'> \-p'il Section 23.1615. PENALTIES FOR VIOLATION (Condo Conversion) Fines: First offense Not less than $500.00 nor more than $1,000.00 Second and each subsequent offense with a Not less than $1,000.00 nor more than 180 day period following the first offense $2,500.00 Any offense in excess of 3 committed within May be punishable by incarceration for a term a 180 day period not to exceed 6 months under the provisions of section 1-2-1.1 of the Illinois Municipal Code, Ill. Rev. Stat., 1977, ch. 24 sec. 1-2-1.1 65 Section 23.1718. PENALTIES (Alarm Systems) Fine: Not less than $50.00 nor more than $500.00 for each offense. Section 23.2209, PENALTY (Theft) Fine: Not less than $200.00 nor more than $1,000.00 Section 23.2307, PENALTY (Retail Theft) Fine: Not less than $200.00 nor more than $1.000.00 CHAPTER 24 - FIRE PREVENTION CODE Section 24.116, PENALTY Fine: Not less than $100.00 nor more than $500.00 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 24.502. PENALTY FOR RESPONSE TO FALSE ALARMS B. 6th false response $100.00 7th false response 200.00 8th false response 300.00 9th false response 400.00 10th or subsequent false response 500.00 per response. <} '7-0 \) Section 24.504 , PENALTIES (Fire S lIppresslon V 10 lali ons) d~' Penalty: Not less than $50.00 nor more than $500.00. 66 ~/fDO CHAPTER 25 - THE VILLAGE CODE Section 25.1 04; PENALTIES (General Breach of Code) A. Minimum: $100.00 Maximum: $2,500.00 B. Fine: Not less than $100.00 nor more than $2,500.00 Supervision hourly rate: $10.00 per hour 67 SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of ,2005. Irvana K. Wilks, Village President ATTEST: M. Lisa Angell, Village Clerk C :\M yF iles\Mp\ORDS \AppendixA. creation U pdate9-19-05ord. wpd 68 Director Glen R. Andler Deputy Director Sean P. Dorsey Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 NOTICE THE OCTOBER 10, 2005 MEETING OF THE SAFETY COMMISSION HAS BEEN CANCELLED. THE NEXT REGULAR MEETING IS SCHEDULED FOR MONDAY, NOVEMBER 14TH AT 7:00 P.M. AN AGENDA OR CANCELLATION NOTICE WILL BE SENT PRIOR TO THIS MEETING. DATED THIS 4TH DAY OF" OCTOBER, 2005. Phone 847/870..5640 Fax 847/253-9377 www.mountprospectorg MAYOR Irvana K. Wilks Monnt Prospect VILLAGE MANAGER Michael E. Janonis TRUSTEES Timothy J. Corcoran Paul Wm. Hoefert A. John Korn Richard M. Lohrstorfer Michaele W. Skowron Michael A. Zadel ~ VILLAGE CLERK M. Lisa Angell Phone: 847/392-6000 Fax: 847/392-6022 www.mountprospect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 COMMUMITY RELATIONS COMMISSION ORDER OF BUSINESS REGULAR MEETING Meeting Location Village Hall 50 South Emerson Street Mount Prospect, IL 60056 Meeting Date and Time: October 13, 2005 7:00 P.M. I. CALL TO ORDER II. INTRODUCTION OF NEW COMMISSION MEMBERS III. APPROVAL OF MINUTES · September 1, 2005 Meeting IV. OLD BUSINESS . Update on Make a Difference Day . Update on Community Development Block Grant (CDBG) Funding V. NEW BUSINESS ~. CORRESPONDENCE VII. ADJOURNMENT MINUTES COMMUNITY RELATIONS COMMISSION Community Center, Village Hall Thursday, September 1,2005 The Community Relations Commission (CRC) of the Village of Mount Prospect met Thursday, September 1, 2005 in the Village Hall of Mount Prospect, Illinois, 50 South Emerson Street. CALL TO ORDER At 7:05 p.m. Chairman Tolbert called the meeting to order. ROLL CALL Present: Chairman Tolbert Commissioner Parikh Commissioner Muench Also in attendance: Ruby Fuller Clare Sloan, Community Development Neighborhood Planner Richard Eddington, Chief of Police MEETING DATE CHANGE At the Chairman's prerogative the change in meeting dates was addressed first. This is point V of the agenda. The Commission wanted to move their meetings to the second Thursday of the month. Motion made by Commissioner Parikh and seconded by Commissioner Muench. A voice vote was taken with no dissenting votes. A list of future meeting dates through December of 2006 was distributed to the Commission members. That list is attached to the minutes. There were no readily apparent schedule conflicts at this time. UPDATE ON MAKE A DIFFERENCE DAY At the request of Commissioner Parikh, the update on Make a Difference Day was delayed until the next meeting. A motion was made by Commissioner Muench to extend the timeline to September 18th for Make a Difference Day. This motion was seconded by Commissioner Parikh and passed by unanimous voice vote. At this point in the agenda, Commissioner Parikh expressed his appreciation for the hard work of Village Clerk Lisa Angell. Lisa Angell thanked the Commission and said what a pleasure it was to work with them and looked forward to working with them in the future. The Commissioners welcomed Chief Eddington as the new staff liaison to the Commission. RECOMMENDATIONS TO THE VILLAGE BOARD FOR CDBG FUNDING A lengthy and specific discussion ensued regarding the allocation of funds to the seventeen (17) applicants that had applied to the Commission for CDBG funding. Attached is a spreadsheet that details the distribution of the $77,000 to a number of these groups. Additionally Clare Sloan, Village Planner, has been directed by the Commission to assign any additional funds in the following priority. · Alexian Brothers Mental Health · Journey's from PADS to HOPE · WINGS Further, a direction from the Commission was to communicate to specific organizations why their funds had been reduced and communicate to other entities that this may be the last year of funding depending on site visits and other evaluations by the Commission. Tentative dates for Village Board consideration of the Commission's recommendations are September 20th and October 4th. Chairman Tolbert and Clare Sloan committed to attending the Village Board meeting once the specific date is decided on. ADJOURNMENT A motion for adjournment was made by Commissioner Muench and seconded by Commissioner Parikh at 8:45 p.m. There was a unanimous voice vote with no dissenting votes cast. Respectfully submitted, Chief Richard Eddington Staff Liaison VILLAGE OF MOUNT PROSPECT FINANCE COMMISSION AGENDA Thursday, October 13,2005 7 :00 p.m. Village Hall Building Third Floor Executive Conference Room 50 South Emerson I Call to Order II Approval of Minutes - September 22, 2005 III Review of the Proposed 2006 Village Budget (Overview, Community Development, Human Services, Village Administration, Finance and Non-Departmental) IV Chairman's Report V Finance Director's Report VI Other Business VII Next Meeting: October 20, 2005 NOTE: Any individual who would like to attend this meeting but because of a disability needs some accommodation to participate should contact the Finance Director's Office at 50 South Emerson Street, Mount Prospect, (847) 392-6000, ext. 5277, TDD (847) 392-6064. FINANCE COMMISSION DRAFT MINUTES OF THE MEETING SEPTEMBER 22, 2005 VILLAGE HALL BUILDING DRAFT 1. CALL TO ORDER The meeting was called to order at 7:06 p.m. Those present included Chairman Charles Bennett and Commissioners Vince Grochocinski, John Kellerhals, and Tom Pekras. Also present were Deputy Director of Finance Carol Widmer and Finance Administrative Assistant Lisa Burkemper. Commissioners Rich Micelli, Ann Smilanic and Lee Williams were absent. Also absent was the Director of Finance David Erb. II. ApPROVAL OF MINUTES Commissioner Vince Grochocinski motioned to approve the minutes of July 28,2005. Commissioner Tom Pekras seconded the motion and the minutes were accepted as presented. III. DISCUSSION REGARDING VILLAGE BOARD AND FINANCE COMMISSION JOINT BUDGET WORKSHOP MEETING Chairman Charles Bennett led a discussion regarding the Village Board Workshop and the items discussed at the meeting. Chairman Bennett added that the Finance Commission will continue to offer their budget enhancement advice and recommendations to the Board throughout the budget process. Chairman Bennett asked for input from the members if they wanted to continue to present their original revenue enhancements to the Board, modify their original recommendations or accept the positions the board took at the workshop meeting. Commissioner John Kellerhals expressed his concerns about how the process went during the workshop. Commissioner Kellerhals felt the Finance Commission should have been able to address the issues first before the board made their decisions. Commissioner Kellerhals voiced his objection to eliminating the vehicle sticker and changing to direct billing for refuse. Commissioner Kellerhals also stated he felt surprised at some of the topics of the meeting and felt the workshop was really not a true workshop. Chairman Charles Bennett added that the other members of the finance commission were not as surprised at some of the topics because the commission has participated in discussions related to the vehicle sticker/refuse debate for several years. Since Commissioner Tom Pekras was not able to attend the Joint Workshop meeting he asked Chairman Bennett ifhe could summarize the outcome ofthe meeting. Chairman Bennett stated the Board had expressed agreement in implementing the $5 per month service fee for water, implementing a new ambulance rate fee schedule to include residents as well as non-resident and finally the Board was in favor of eliminating the vehicle sticker and direct billing residents for refuse. Chairman Bennett also mentioned the Board was opposed to raising multiple taxes like motor fuel, utility taxes etc. Commissioner Vince Grochocinski asked why it was necessary to change to direct billing residents for refuse. He stated why not add an additional amount to the property taxes that would equal the amount of money needed to pay for the elimination of the vehicle sticker. Chairman Charles Bennett asked to what degree the refuse fund is being under funded. Deputy Director of Finance Carol Widmer stated that in 2004 the fund was short $189,200 out of a total refuse budget of $3.3 million. Commissioner Tom Pekras added he would like to continue to present the Finance Commission's original revenue enhancement recommendations to the Board. Commissioner Pekras also added he thought Commissioner Grochocinski' s suggestion about adding the amount of money needed to pay for the elimination of the vehicle sticker to the property tax bill was a good idea. Commissioner John Kellerhals asked ifhe could have all supporting information that is included in the refuse budget including every line item that is in the refuse program budget. Deputy Director of Finance Carol Widmer stated that Commissioner Kellerhals could obtain that information from the budget book. Commissioner Vince Grochocinski stated that he prefers the Finance Commission's original revenue enhancement recommendations and reiterated that he would like to see the property taxes raised to cover the elimination of the vehicle sticker and not bill residents directly for refuse. Chairman Charles Bennett summarized that it was his understanding that the members present were happy with the original revenue enhancements they presented to the Board and that they would continue to recommend these enhancements. DISCUSSION OF REVENUE ENHANCEMENTS Chairman Charles Bennett presented a handout for discussion on parking ticket information. Chairman Bennett stated he thought the commission could look at this revenue source and compare our rates with other communities. Based on a brief discussion regarding the ticket rates of other communities, Commissioner Tom Pekras stated that he would be in favor of increasing miscellaneous parking ticket fees from $20 to $25, which would be more in line with neighboring communities. Commissioner John Kellerhals added that he would support the $5 increase however he would like to have a warning system instead of an automatic ticket for residents who park on village streets overnight. Commissioner Vince Grochocinski asked if the budget figures the commission used during their revenue enhancement! deficit reduction discussions had changed. Deputy Director of Finance Carol Widmer stated they had changed because revised figures from sales tax and other increases in revenues have been received and have reduced the deficit. Commissioner Vince Grochocinski also expressed concern that as the deficit is decreasing the village should not spend more money or add new initiatives just because money potential is available. Commissioner Grochocinski added that in looking at future years the deficit will continue to increase and spending more money now and adding new initiatives would affect the deficit in the coming years. Commissioner John Kellerhals stated he would like Finance Director David Erb to briefly discuss the Revenue/Expenditure handout that is provided to the finance commission each month. Commissioner Kellerhals would like a better understanding of where the village is financially each month. Chairman Charles Bennett added that he agreed that Mr. Erb could go through the handout and outline any great variances or summarize what the commission should be looking at. IV. CHAIRMAN'S REpORT There was nothing to report. 2 V. FINANCE DIRECTOR'S REPORT Deputy Director of Finance Carol Widmer presented the finance commission members with the final version of the 2006-2010 Capital Improvements Plan. VI. NEW BUSINESS Chairman Charles Bennett stated he would entertain a motion to nominate a vice chairperson for the finance commission. Commissioner John Kellerhals suggested that the members delay the nomination until the other three members were present. Chairman Bennett asked if a member wanted to make a motion otherwise they can defer the nomination until the next meeting. Commissioner Tom Pekras stated that he prefers to defer the nomination until next meeting. Commissioner John Kellerhals stated that he would like to see the finance commission get involved in the discussion process of the new fire station 14 relocation project. Chairman Charles Bennett stated that this has been a topic of discussion for several years and continues to be discussed throughout the Budget and Capital Improvements Plan processes. Deputy Director of Finance Carol Widmer added that the 2006-2010 Capital Improvements Plan includes a space study to address current and future space needs before decisions are made regarding the new Fire Station. Commissioner John Kellerhals also stated that he would like to have a discussion on the Capital Improvements Plan. Commissioner Kellerhals would like to know the village's current funding plans and what projects might have a higher priority across the board instead of by department. Commissioner Kellerhals would like to look at the approach of picking a project out of the plan and then deciding how to fund it instead of finding a yearly funding source for the plan that would pool money to pay for multiple projects. VII. Next Meeting: October 13, 2005 Commissioner Tom Pekras motioned to adjourn which Commissioner Vince Grochocinski seconded. The meeting was adjourned at 8:45 p.m. The next meeting is scheduled for October 13,2005. Respectfully submitted, Lisa Burkemper Administrative Assistant Finance Depmiment 3 MAYOR Irvana K. Wilks TRUSTEES Timothy J. Corcoran Paul Wm. Hoefert A. John Kom Richard M. Lohrstorfer Michaele Skowron Irvana K. Wilks Michael A. Zadel VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Lisa Angell Village of Mount Prospect Community Development Department 50 South Emerson Street Mount Prospect, illinois 60056 Phone: 847/818-5328 Fax: 847/818-5329 TDD: 847/392-6064 MINUTES COFFEE WITH COUNCIL Saturday, September 10,2005- 9:00AM Community Center, Village Hall The meeting was convened at 9:00 a.m. Those present were Mayor Irvana K. Wilks, Trustees Timothy Corcoran, Paul Hoefert, and Michaele Skowron. Representing staff was Assistant Village Manager David Strahl and Community Development Director William Cooney. Residents in Attendance: Marcy Lockard Ramesh Gandhi Lita Urban Rob Batey Larry Braus Katy Hansen Jim Cmylik Greg Brulle Margaret Lannen Carol Tortorello Jean Shryponski Kristina Marada Liz LaPlante Lee Williams David Poznanski Donna Gloor 213 MacArthur 342 S. Maple 603 E Greenwood Drive 1722 Martin Lane Mt.ProspectJaycees 103 Eastwood 1809 Locust 1813 Locust 999 Elmhurst Road 223 S. Elmhurst Avenue 100 N. Elmhurst Avenue 210 S. Wille Street 206 S. Wille Street 70 N. Albert 1803 Burning Bush Lane 1720 Sable Lane Marcy Lockard, 213 MacArthur: Ms. Lockard expressed her concern with safety at the intersection of Northwest Highway and Central Rd. She indicated her child crosses this intersection to go to Lincoln Junior High and would like to see a crossing guard at this intersection to ensure safety. There was general discussion of safety at the intersection and history of crossing guards in the Village. The Village Board indicated they were not in the position to employ any further crossing guards for that intersection however; they would look at means to improve pedestrian safety at this location. Further discussion included restricting right-turn movements on westbound Central Road, striping and pedestrian signalization. Coffee with Council Meeting Minutes September 10, 2005 Page 2 Ramesh Gandhi, 342 S. Maple: Mr. Gandhi indicated he lives in the Maple Street Town Homes and was wondering if the $120 parking fee for the Village parking lot could be pro-rated for individuals who do not utilize the parking for eight months. The Village Board members asked staff to look into the current payment policy and would report back to the board whether this would be a viable option to consider. Lita Urban, 603 E. Greenwood: Ms. Urban stated she is concerned with cars parking on her street between 2-6 am. She indicated she has called the police on several occasions and feels that they have not been responsive to her concern. Trustees discussed police policy regarding these types of complaints. They assured her that the police do in fact respond; however, this type of call would not be a priority call if other, more serious issues were occurring on those particular evenings. They asked Ms. Urban to call 911 when she witnesses cars parking during these hours and that the police department would in fact respond to these requests. Rob Batey, 1722 Martin Lane: Mr. Batey wanted to thank the Public Works Department for their timely response to a parkway tree situation and general services throughout town. He stated that he recently received his tax bill, which had increased significantly and feels that the Village should be more active in ensuring the assessors office is aware of all work being done on properties in town. He stated in his review of other properties in his neighborhood, he found a big disparity between his assessed value versus other assessed values in the neighborhood. He feels that the assessor was unaware of much work done without permits and thought the Village could address the situation by more actively pursuing it. Mr. Cooney offered to sit down with Mr. Batey to further discuss his ideas. Larry Braus, Mount Prospect Jaycees: Mr. Braus stated he was here on behalf of the Jaycees to listen to current issues throughout the Village. He stated he appreciates the Village's continued support of the Jaycee's efforts and looks forward to continuing a positive working relationship. Katy Hansen, 103 Eastwood: Ms Hansen read a letter she received from the Village regarding her on-going dispute with a neighbor. She indicated that she felt the letter was very harsh and downplayed the significance of the situation occurring in her neighborhood. The Board reiterated their willingness to work with Ms. Hansen but stated that she still needed to follow the protocol established at many previous Coffee With Council discussions. They advised her to call 911 when there were actions taking place on her neighbor's property that were creating problems. Jim Cmylik 1809 Locust and Greg Brulle 1813 Locust: Mr. Cmylik stated he was here on behalf of himself and neighbor Greg Brulle regarding a concern they have with a building permit. Mr. Cmylik stated that they were approved for a front yard sidewalk that was eight feet wide and when the inspector arrived at the site, they were advised they could not have a sidewalk that wide. He distributed a copy of the plat that was approved and there was general discussion on the quality of the submittal. Mr. Cooney indicated he would meet with the owner to further discuss the particulars of the project. Margaret Lannen, 999 Elmhurst Road: Ms. Lannen gave the Village Board an update on the various retailers at the Randhurst Mall. She stated that Steve and Barry's was hoping to open by November 1 st, Bed Bath & Beyond by mid-November and that Pac-Sun had recently opened within the mall. She stated that the parking lot at the northeast portion of the site is currently under re-construction and that this would have a significant impact on that area of the mall. She stated, generally, the mall has had an uptake in sales, but they were still working diligently to further re-tenant the inside of the mall. '" Coffee with Council Meeting Minutes September 10,2005 Page 3 Kristina Marada, 210 S. Wille Street and Liz LaPlante, 206 S. Wille Street: Ms. Marada stated that she and several neighbors are concerned with the Northwest Mosquito Abatement District spraying technique. She stated that the chemical used by the District was not very effective and had a potentially harmful impact on residents. She stated that the chemical used was a carcinogen and that she believes puts residents at risk. She also indicated that she was concerned what the Village may be using on parkways to eliminate weeds. The Village Board discussed the issue at length and asked that Ms. Marada take this issue to the Northwest Mosquito Abatement District first to see what type of response they would have. The Village would have to weigh the West Nile Virus concern against the potential concern raised by Ms. Marada. Board members stated that they would be open to the discussion, but that the Northwest Mosquito Abatement District should be her first stop. Lee Williams, 70 N. Albert: Mr. Williams stated that he was concerned there was increased activity in his town home complex and that there could potentially be some illegal activity taking place. He asked that the Village investigate this possibility. The Board stated that the Police Department would take a look into his concerns. David Poznanski, 1803 Burning Bush Lane: Mr. Poznanski expressed his appreciation of Police Department efforts on Burning Bush Lane related to speeding. He stated that they have noticed a significant decrease in speeding violations taking place since the police efforts. He did request that the police try different locations in the middle of the block to catch other violators. Donna Gloor, 1720 Sable Lane: Ms. Gloor stated she lives in the Sable Chase apartments and that she is immediately adjacent to the Cook County school bus property. She stated that recently the PACE busses have been parked on the property and idling the engines very early in the morning. She stated that this is annoying from a noise standpoint and from exhaust fumes that emanate on the property. Mr. Cooney stated that he would contact the Cook County bus to determine if these busses can be relocated to a different portion of the property to minimize the impact on the adjacent residential properties. The meeting adjourned at 11 am. Respectfully submitted, H~ I {'~"A ~ William J. to~: ;r~lcP Director of Community Development