HomeMy WebLinkAbout6. NEW BUSINESS 1/17/06
MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
FROM:
DATE:
MICHAEL E. JANONIS, VILLAGE MANAGER
DIRECTOR OF COMMUNITY DEVELOPMENT
JANUARY 12, 2006
RETAIL RECRUITMENT PROPOSAL
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SUBJECT:
Attached to this memorandum is a Professional Services Contract with Ms. Cathy Malon to provide
retail recruitment efforts on behalf of the Village. Staff is recommending approval of this contract to
supplement the Village's current economic development efforts and to enhance our efforts to recruit
retailers to our downtown and outlying shopping centers.
If approved, Ms. Maloney would undertake the following activities:
· Building consensus and a community vision;
· Collecting research through surveys and focus groups;
· Analyzing our competition;
· Identifying successful businesses able to run multiple locations;
· Networking with local property owners;
· Matching retailers to appropriate storefronts in Mount Prospect;
· Marketing existing niches (home improvement and entertainment);
· Creating smaller niches related to Crafts, hobbies, and trends;
Ms. Maloney has proven experience with the City of Elmhurst where she has worked collaboratively
with staff and the Merchant Association, successfully supplementing their efforts. She's had a role in
locating 50,000 square feet of new retail, which has established downtown Elmhurst as a destination for
shopping, dining, and entertaining family and friends. This has been accomplished by systematic
relationship building, networking, and cold calls to the retail and real estate industry. She will utilize the
Community Development Department's database of available properties, the Community Profile and
local contacts. Community Development staff will assist her in her work by coordinating focus groups
and a community survey, and other support in meetings with property owners and prospective
businesses.
Staff recommends that the Village enter into a one-year contract with Ms. Maloney to provide the
services outlined above. Ms. Maloney would be paid $750 weekly to provide the services outlined in
the attached proposal. These services would be paid for by carrying over $19,000 of 2005 Economic
Development Program funds (0012103-540247) and utilizing $20,000 from the Other Professional
Services account of the Downtown Tax Increment Financing 2006 budget (5507703-54011 0).
Retail Recruitment Proposal
January 12, 2006
Page 2
Please forward this memorandum and attachments to the Village Board for their review and
consideration at their January 17'h meeting. Staff will be present at that matter to further discuss this
matter.
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VILLAGE OF MOUNT PROSPECT
PROFESSIONAL SERVICES AGREEMENT
FOR RETAIL RECRUITMENT CONSULTANT
This agreement (hereinafter the "Agreement") is entered into this _ day of
,2006,
by and between Cathy Malonev, 376 Cottage Hill Avenue, Elmhurst, Il60126, (630) 832-7049,
a retail recruitment specialist (hereinafter "Consultant"), and the Village of Mount Prospect, an
Illinois home rule municipal corporation (hereinafter the "Village.")
For and in consideration of the mutual covenants and agreements herein contained, it is agreed
by and between Consultant and Village as follows:
1. SCOPE OF WORK
The Village has agreed to retain Consultant, on a consulting basis, to provide the following
services (hereinafter the "Consulting Services"):
A. Form focus groups with Village residents to determine the types of retail
commodities that residents are purchasing outside of Mount Prospect and the
types of retail businesses that should be attracted to Mount Prospect.
B. Create surveys seeking the opinions of residents, as to community retail needs,
which surveys shall be made available for distribution in the Village Newsletter
and on the Village web site.
C. Utilize the Village Newsletter, web site and local media to inform residents of the
new focus on local business and to offer assistance from the Community
Development Department to businesses interested in opening new shops or
restaurants.
D. Develop and implement signage to inform prospective tenants, who are looking
to relocate, that they can call the Village for expert assistance in locating their
shop, restaurant or entertainment venue in Mount Prospect.
E. Conduct community visits to gather competitive information, obtain a vision for
future developments and attract potential businesses that are interested in
expanding.
F. Meet formally and informally with real estate brokers and landlords to anticipate
vacancies and assist in recruiting the right businesses for Mount Prospect.
G. Maintain a monthly telephone/activity log to track all incoming/outgoing calls and
meetings for the purpose of monitoring progress chronologically.
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H. Generate a monthly recruitment report listing all available properties in Mount
Prospect by area, and including square footage, broker contacts, types of
businesses "missing" from the area, prospective tenants and leads for available
properties.
I. On a monthly basis, or as otherwise determined by the Director of Community
Development, meet with Village representatives, as designated by the Village's
Director of Community Development, to review Consultant's progress.
2. PAYMENT:
The Board hereby agrees to pay Consultant at a rate of seventy-five dollars ($75.00) per hour,
not to exceed ten (10) hours per week, for Consulting Services. Additional work in excess of the
ten (10) hours per week will be compensated, but only if requested in advance by Consultant,
and approved in writing by Consultant and Village. Reasonable expenses will be reimbursed by
the Village provided the Director of Community Development approves of such expenses in
writing in advance (the "Reimbursable Expenses").
3. TERM:
The term of this Agreement shall begin on February 1, 2006, and end on January 31, 2007.
4. TERMINATION:
The Village shall conduct performance reviews of Consultant's performance of Consulting
Services under the Agreement, and may, at its' sole option, terminate the contract upon
approval of the Village's Board of Trustees.
5. NOTICE:
Any notices required to be given under this Agreement shall be by personal service or certified
mail, receipt requested, effective on the date of personal service or the date of receipt,
respectively.
6. AMENDMENT OR MODIFICATION:
Any amendment or modification of this Agreement must be in writing and executed by both
parties to this Agreement.
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7. NON-COMPETE CLAUSE
Consultant shall not provide any services similar to those set forth in Section 1 for any other
municipality, individual or entity within ten (10) miles of the corporate boundaries of the Village
of Mount Prospect during the term of the Agreement.
8. PAYMENT TERMS
Consultant shall record actual hours of work performed and Reimbursable Expenses, and
invoice the Village on a monthly basis. Payment is due Consultant within fourteen (14) calendar
days of receipt of invoice by the Village.
9. FINAL AGREEMENT
There are no other agreements between the parties except those expressly stated herein. Any
amendments to this agreement shall be in writing signed by both parties
In agreement to the terms set forth herein,
CONSULTANT
VILLAGE OF MOUNT PROSPECT
Cathy Maloney
Consultant
William J. Cooney, Jr. AICP
Director of Community Development
Date
Date
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Village of Mount Prospect
Community Development Department
Mount Prospect
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
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JANUARY 12, 2006 ~)
ORDINANCE AMENDING CHAPTERS 19, 21, 23 and APP;;I~
DIRECTOR OF COMMUNITY DEVELOPMENT
MICHAEL E. JANONIS, VILLAGE MANAGER
At the January 10, 2006 Committee Meeting of the Whole, the Village Board discussed topics
presented for consideration by members of the Community Development Department. Attached
for Adoption is an ordinance that will amend Chapters 19, 21 and 23 of the Village Code. The
topics discussed, and included in this ordinance are:
· Nuisance Abatement Article
· Vacant Property Registry
· Minor Text Amendment to clarify that all multi-family rental leases must be in writing and
that a tenant has the right to request a walk through of the property at commencement of
the lease and at termination
· Increased Building Reinspection Fees
· Building Permit as a Legal and Binding Contract
1. Nuisance Abatement
The ordinance creates a new Nuisance Abatement Article which eliminates burdensome
notice procedures requiring personal service and acceptance of certified mail, where
absentee property owners can avoid responsibility by refusing to accept certified mail, or
hiding their actual identity and mailing address through trusts and PO boxes. Nuisances are
defined and the definition of responsible party is expanded to include owner, tenant,
occupant, property manager, and lessee. The proposed ordinance will permit the Village to
more promptly abate nuisances at the owner's expense and pursue all avenues to abate a
nuisance within % mile of corporate boundaries.
Chapter 23, Article 14 Plants and Weeds is deleted in its entirety and a portion of Section
19.204 relating to the accumulation of garbage is deleted to avoid conflicting language with
the new Article. Text on Plants and Weeds is incorporated into the nuisance abatement
section of the ordinance.
2. Vacant Structure Property Registration Certificate
Vacant buildings that are not maintained and hazardous buildings must be registered with
the Village (Vacant Structure Registration Certificate).
Amendment to Chapters 19, 21, and 23
January 12,2006
Page 2
3. Requirement of a Written Lease and Right to Walk Throughs
This is a minor text amendment to Chapter 23, Article 18. Changes clarify and reassert the
need for housing leases to be written. Also Chapter 23, Article 1806 has been expanded to
allow a tenant the right to request a walk through of the property at commencement of the
lease and at termination. Purpose is to ensure they aren't charged for prior damage when
they terminate a lease.
4. Reinspection Fees
The Village has historically kept inspection fees very low. With such a low cost there is less
incentive for the contractor to complete the job right the first time when they can utilize the
Village to come out to generate the "punch list" for the job. Raising re-inspection fees would
deter this type of activity. A definition of reinspection as "a second or subsequent inspection
of a property for the same code deficiency or violation done more than once to ensure code
compliance" is inserted into the main body of the ordinance, in Chapter 21.
5. Building Permit as Legal and Binding Contract
Text is inserted into Chapter 21 that defines a Building Permit as a legal and binding
contract. By accepting a building permit, the property owner acknowledges the obligation to
meet all Village Codes. This includes both building and property maintenance codes; the
goal is to limit construction externalities to neighboring properties.
Village Board adoption of the ordinance is recommended. Staff will be on hand to answer any
questions and discuss further.
MLjL~p
Director of Community Development
ORDINANCE NO.
AN ORDINANCE AMENDING
CHAPTERS 19, 21 AND 23 AND APPENDIX A
OF THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
PURSUANT TO ITS HOME RULE POWERS:
SECTION 1: Article XIV of Chapter 23, entitled "Plants and Weeds," of
the Village Code of the Village of Mount Prospect, Illinois, shall be deleted in its
entirety, and a new Article XIV, entitled "Nuisance," shall be inserted to be and
read as follows:
ARTICLE XIV
NUISANCE
Sec. 23.1401 Nuisance; Definitions; Prohibition.
A. Definitions.
1. For purposes of this Article, the term "nuisance" is defined to
mean any condition or use of any premises which is detrimental to the
property of others, a threat to health or safety, or which causes or tends to
cause substantial diminution in the value of other property. Nuisance shall
also include all conditions set forth in Section 23.1403, any other condition
declared to be a nuisance in the Village Code, and any condition declared
to be a nuisance in 720 ILCS 5/47-5.
2. For purposes of this Article, the term "weeds" is defined to
include any noxious weed, and all grasses, annual plants and vegetation
in excess of 8 inches (203 mm.), but specifically excluding trees, shrubs
and cultivated flowers and gardens.
3. Owner shall mean any and all Owners of record, including
the person or entity to whom the last tax bill was sent, any and all
beneficial Owners and any and all purchasers pursuant to Articles of
Agreement or similar contract.
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4. Responsible Party shall include Owners, tenants, occupiers,
property managers and lessees.
B. It shall be unlawful to maintain a nuisance, within the Village; or
outside the Village if the nuisance has a detrimental effect within the Village.
Sec. 23.1402
Parties Responsible for Abatement of Nuisances and for
Maintaining a Nuisance.
Each and every obligation or liability imposed by this Article XIV shall be
the joint and several liability or obligation of every Owner and Responsible Party.
Sec. 23.1403
Enumeration of Nuisances.
In addition to those actions which are elsewhere in this Code declared to
be and constitute a nuisance, it is a nuisance for any person within the territorial
jurisdiction of the Village and within one-half (1/2) mile of the corporate limits:
A. To obstruct or impede the passage of any gutter, drainage, conduit,
sewer or the natural drainage on any public or private property.
B. To construct or encroach upon public highways, streets, or other
public property.
C. To own, keep or use any yard, pen, place or premises, in or upon
which animals shall be confined or kept, so as to be offensive to those residing in
the vicinity or cause annoyance to others.
D. To cause or allow any motor vehicle not in operating condition or
current use, or any motor vehicle parts or components, or any pile or deposit of
garbage, refuse, glass bottles or jars, broken glass or other trash or rubbish of
any kind to collect, accumulate or remain upon any public or private grounds,
street, yards, woods, fields, parks, parkways or elsewhere.
E. To allow to collect, to stand or remain on any premises, water
which is or which may become stagnant, foul or offensive, or detrimental to the
health and comfort of persons residing in the neighborhood.
F. To use any premises to create an offensive smell which taints the
air and renders it unwholesome or unreasonably disagreeable to other persons.
G. To render unwholesome or impure the water of any spring, stream,
pond or well.
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H. To produce or permit to be produced, in or upon any premises in
the Village, any offensive noise which disturbs the peace or quiet of the
neighborhood or of any person residing in the vicinity of such premises.
I. To allow to remain after the completion of each day of construction
work, any dirt, mud, gravel or rock to collect, accumulate or remain upon any
public streets.
J. To permit any animal (including birds) to be or remain on the
property of a person not the Owner, when the Owner of the other property has
given notice that the animal is not permitted on the property.
K. To keep or maintain any structure that is in violation of any life
safety regulation or any structure that is in violation of more than one of any other
structure, safety, property maintenance or land use regulation of the Village.
L. To own or maintain a vacant structure pursuant to Section 23.2502
of this Code for which a Vacant Structure Registration Certificate has not been
secured.
M. To keep or maintain any structure which is structurally unsound or
the exterior of which is not in good repair as required by the Village Code.
N. To board up or cover with tarps any portion of a structure unless
done temporarily because of fire or weather-related emergency or while
completing work pursuant to a valid Village permit.
O. To permit weeds on vacant lots or other property, along public
sidewalks or the outer edge of any public street, or weeds in any other location
that constitute a fire hazard.
P. To cause or allow to accumulate soil, litter, debris, plant trimmings,
or trash on vacant lots or other property.
a. To cause or allow to accumulate used or damaged lumber, junk,
salvage materials; abandoned, discarded or unused furniture; stoves; sinks,
toilets, cabinets, or other fixtures, or equipment to be stored so as to be visible
from a public street, alley, or adjoining property. The placement of stacked
firewood for personal non-commercial use on the premises is permissible.
R. To cause or allow any attractive nuisance dangerous to children
and other persons including, but not limited to, abandoned, broken, or neglected
household appliances, equipment and machinery, abandoned foundations,
structures or excavations, or improperly maintained or secured pools.
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S. To cause or allow dead, decayed, diseased, or hazardous trees,
weeds, hedges, and overgrown or uncultivated vegetation which are in or create
a hazardous condition, are an obstruction to pedestrian or vehicular traffic,
conducive to crime, or are likely to harbor rats, vermin, or other pests.
T. To burn garbage, other than in incinerators approved by the
environmental protection agency of the state;
U. To bury garbage;
V. To cause or allow garbage and/or debris to accumulate for more
than seven (7) days or to attract flies, vermin or rats
Sec. 23.1404
Abatement Procedure.
An abatement action under this section is a remedy cumulative to other
remedies at law and equity. Injunctive relief may be sought to prevent or restrain
violations of this Article. An abatement action in no way preempts, supercedes
or bars civil or criminal prosecution for violation of this Article or any other
applicable building, fire prevention or public safety regulation. The
commencement of an abatement action is not a condition precedent to the
initiation of criminal prosecution or any other remedy. Failure to adhere to the
procedure prescribed in this section shall not bar relief or remedy if such failure
causes no prejudice and merely constitutes harmless error.
The following shall be the procedure for the abatement of a nuisance
within the jurisdiction of the Village:
A. Notice shall be given to the Owner of the nuisance or the Owner of
the property on which the nuisance exists. For purposes of this section, the
person to whom the last general tax bill on the property was sent shall be
presumed to be the Owner. Notice by regular mail and posting of notice on the
front entrance to the structure or similar location shall be deemed sufficient, legal
notice to the Owner and all other Responsible Parties. If there is no structure on
the property, a sign may be posted anywhere on the premises.
B. The notice shall state the location and nature of the nuisance. It
shall inform the Owner that if the nuisance is not abated within a specified
number of days, the Village will, at the expense of such Owner, have such
nuisance abated. Fourteen days shall be such specified number unless
otherwise stated in the Village Code, or the public health and safety require a
shorter abatement period. The obligations of the Owner are continuing
obligations which are effective for one year from the date of the notice, which
date shall be the date the notice was mailed or the date the notice was posted,
whichever comes last.
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C. If upon the giving of notice, the Owner fails to abate the nuisance
within the time and in the manner specified in the notice, the Village may cause
the nuisance to be abated, as it deems appropriate. The cost of the abatement
shall be assessed against the land upon which the nuisance is located.
D. If the nuisance is of such threat to the welfare and safety of the
community that it must be abated immediately, the Village Manager, in his or her
sole discretion, is authorized to take such steps as may be necessary to effect
the abatement regardless of the requirements of this Article.
E. All fees, costs or charges assessed or incurred by the Village shall
be a lien upon the real property. The lien shall be superior to all subsequent liens
and encumbrances. The Director shall file a notice of lien within two (2) years
after such cost and expense is incurred, which notice of lien shall be filed in the
office of the Cook County recorder of deeds.
1. Upon payment of the cost and expense by the Owner or
Responsible Party after notice of lien has been filed, the Village shall
release the lien.
2. The lien may be enforced by proceedings to foreclose as in
case of mortgages or mechanics liens.
Sec. 23.1405
Nuisance Originating Outside the Village Jurisdiction.
Upon a reasonable showing that a nuisance from a source outside the
Village jurisdiction is causing prejudice to a resident or residents of the Village, in
the Village Manager shall have the authority to pursue all avenues, including the
institution of court proceedings to effect the abatement of such nuisance.
Sec. 23.1406
Nuisance Fee.
Any person found maintaining a nuisance as set forth in this Article XIV
and who fails to abate it within thirty (30) days or such shorter time period
contained in any order to abate, shall be absolutely liable to the Village for a daily
nuisance fee in the amount set forth in Division" of Appendix A. This nuisance
fee shall be in addition to any fines or costs recoverable pursuant to this Article or
any other Code provision.
SECTION 2: Section 23.1803, entitled "DEFINITIONS," of Article XVIII, of
Chapter 23, of the Mount Prospect Village Code, be amended by deleting
"written" from the definition of "Rental Agreement" to be and read as follows:
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RENTAL AGREEMENT: Any agreements and valid rules and regulations
adopted pursuant to agreement under subsection 23.18068 of this Article,
embodying the terms and conditions concerning the use and occupancy of
a specified dwelling unit and premises.
SECTION 3: Subsection A2 of Subsection A, entitled "Terms and
Conditions" of Section 23.1804, entitled "RENTAL AGREEMENTS," of Article
XVIII, of Chapter 23, of the Mount Prospect Village Code, be amended to be and
read as follows:
2. All rental agreements between landlords and tenants, including
renewal rental agreements to the extent not otherwise excepted in
Subsection 8 of this Section, must be in writing, dated and signed by both
parties with signed copies provided to both at time of signing.
SECTION 4: A new Sub-subsection 3 shall be inserted into Subsection
8, entitled "Effect of Unsigned or Undelivered Agreement," in Section 23.1804,
entitled "RENTAL AGREEMENTS," of Article XVIII, of Chapter 23, ofthe Mount
Prospect Village Code, to be and read as follows:
3. For delivery of notice, as required in Subsections 81 and 82 of this
Section, to become effective, delivery must be sent certified mail, receipt
requested, or made by personal service, in which case the landlord or
tenant, as the case may be, delivering the written rental agreement must
request the person receiving the agreement, which may include the
respective landlord, landlord's agent, lessee, or member of the household
over the age of twelve (12), to acknowledge receipt in writing on a
duplicate copy of the agreement. Evidence that the rental agreement was
sent certified mail and signed for or returned without being accepted or
that receipt of the rental agreement was otherwise acknowledged in
writing, as set forth herein, shall create a rebuttable presumption of
delivery .
SECTION 5: Sub-subsection 2 of Subsection D, entitled "Notice of
Nonrenewal of Rental Agreement," in Section 23.1804, entitled "RENTAL
AGREEMENTS," of Article XVIII, of Chapter 23, of the Mount Prospect Village
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Code, shall be deleted in its entirety and a new Sub-section 2 shall be inserted to
be and read as follows:
2. If the landlord fails to give the required written notice, the tenant
may remain in his rental unit on a month-to-month basis under the same
other terms and conditions as the prior term, until such time as the
required thirty (30) days' notice is given and becomes operative as set
forth in the Subsection 01 of this Section. The tenant shall be obligated to
pay rent in a timely fashion. Notwithstanding this provision, a written
renewal rental agreement is required at the end of the lease term unless
the thirty (30) days' notice has been given.
SECTION 6: Sub-subsection 2 of Subsection A, entitled "Security
Deposits or Prepaid Rent," in Section 23.1806, entitled "LANDLORD
OBLIGATIONS," of Article XVIII, of Chapter 23, of the Mount Prospect Village
Code, shall be deleted and a new Sub-Subsection A2 inserted to be and read as
follows:
2. Upon termination of the tenancy, property or money held by the landlord
as security or prepaid rent may be applied to the payment of accrued rent
and to the payment of actual damages, which the landlord has suffered by
reason of the tenant's non-compliance with Section 23.1805 of this Article,
provided the landlord, within thirty (30) days of the date that the tenant has
vacated the rental unit, delivers upon tenant a written notice, which shall
include the reason for retaining the security deposit or portion thereof,
including an itemized statement for any claim of unpaid rent and an
itemized statement of any damages, together with copies of the actual
paid damage, repair or replacement receipts or the estimated cost
therefore, and provided further that the landlord has complied with any
requested walk-through inspection, as provided in subsection A3 of this
Section, and has included, as part of such notice, any inspection check
lists disclosing that the damage in question occurred while the rental
premises were occupied by the tenant. If an estimated cost is given, the
landlord shall furnish the tenant with paid receipts or copies thereof within
thirty (30) days from the date the statement showing an estimated cost
was furnished to the tenant, as required by this Subsection. In the event
no such notice or notices with the required statements, checks lists, and
evidence of estimated costs, if required, is furnished to the tenant as
provided herein, then the landlord shall return the security deposit in full to
the tenant within forty-five (45) days of the date that the tenant vacated the
rental unit. For purposes of this provision, the decorating of a rental unit
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after a tenant's departure, including painting and rug shampooing, shall
not be considered as damage and the cost thereof shall not be charged to
the security deposit unless the rental agreement specifically provides that
painting and rug shampooing are included as a part of the tenant's
cleaning responsibility upon vacating the rental unit.
SECTION 7: Sub-subsection 3 of Subsection A, entitled "Security
Deposits or Prepaid Rent," in Section 23.1806, entitled "LANDLORD
OBLIGATIONS," of Article XVIII, of Chapter 23, of the Mount Prospect Village
Code, shall be deleted and a Sub-subsection A3 shall be inserted to be and read
as follows:
3. Where requested by either party to a rental agreement, a walk-
through inspection shall be made by the landlord and tenant, prior to the
commencement of the rental term and/or again at the termination thereof
and an inspection check list of all damaged or missing items shall be
made at the time of the walk-through inspection and a copy thereof
furnished to each party. Such request shall be in writing, shall be
personally served not less than forty-eight (48) hours, or mailed not less
than five (5) business days before the date of the requested inspection
and such inspections shall be conducted, unless otherwise agreed, on the
landlord's regular business days and during his regular business hours.
Items, which are checked as missing or damaged prior to commencement
of the rental term, shall not be charged against the security deposit of the
tenant. Upon request of the landlord or tenant, a representative of the
Village's Environmental Health Department may accompany the parties on
such walk-through inspections.
Where a walk-through inspection is requested, as provided herein, no
portion of a security deposit shall be applied against damages incurred to
a rental unit, unless the notice of damages required in subsection A2 of
this Section, includes the completed inspection check Iist(s) showing the
occurrence of such damage during the rental term.
SECTION 8: A new Sub-subsection 4 shall be inserted into Subsection
A, entitled "Security Deposits Or Prepaid Rent," in Section 23.1806, entitled
"LANDLORD OBLIGATIONS," of Article XVIII, of Chapter 23, of the Mount
Prospect Village Code, to be and read as follows:
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4. Landlord's notice of the reasons for retaining the security deposit, as set
forth in Subsection A2, and either party's request for a walk-through
inspection, as set forth in Subsection A3, must be sent certified mail,
receipt requested, or served personally, in which case the party receiving
the request, which may include the respective landlord, landlord's agent,
lessee, or member of the household over the age of twelve (12), must be
requested to sign in receipt thereof on a duplicate copy of the notice or
request. Evidence that the notice or request was sent certified mail and
signed for or otherwise returned, or that receipt of the notice or request
was acknowledged on a duplicate copy, shall create a rebuttable
presumption of delivery.
The remaining Sub-subsections of Subsection A in Section 23.1806 shall be
relettered consecutively.
SECTION 9: Section 19.204 of Article 1/ of Chapter 19 of the Village
Code of the Village of Mount Prospect, Illinois shall be deleted in its entirety and
the following Section 19.204 inserted, to be and read as follows:
Section 19.204
Garbage
A. Animal or Vegetable Matter: All garbage and disposed of animal or
vegetable matter shall be wrapped in paper or in plastic before being placed in
an approved receptacle.
8. Sorting: Pursuant to the Illinois Solid Waste Management Act, 415
ILeS 5/22.22, it is unlawful to dump yard materials (leaves, grass, branches,
etc.,) into a landfill.
1. It is unlawful for any person to mix any yard materials with garbage
and/or debris.
2. Yard materials are to be placed in the approved receptacle, as
described in Subsection 19.201.A.2 of this Article.
C. Warning: If yard materials are not separated as required by
subsection 19.204(8) of this Article, the materials will be tagged as unacceptable
and refused for pickup. The offending person shall then remove said mixed
garbage and yard materials, separate them into the proper receptacles, and
place them for pickup on the next scheduled pickup date.
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SECTION 10: Section 19.206 of Article II of Chapter 19 of the Village
Code of the Village of Mount Prospect, Illinois shall be deleted in its entirety, and
the following Section 19.206 inserted to be and read as follows:
Section 19.206
Penalty.
Every person found guilty of a violation of any provision of this Article shall
be punished by a fine as set forth in Appendix A, division III, of this code. A
separate violation shall be deemed committed for each day that such violation is
permitted to exist.
SECTION 11: New paragraph (F) shall be added to Section 21.204
Issuance of Buildina Permit of Chapter 21 "Building Code" of the Village Code of
the Village of Mount Prospect, Illinois, which shall read as follows:
F. The acceptance of any permit issued by the Department of
Community Development shall constitute a legal and binding contract
between the Village as one party and the property Owner and contractor,
as joint obligees as to the other party. Each permit shall contain language
so informing the permit applicant that he or she is entering into a binding
contract with the Village that is enforceable in the Circuit Court of Cook
County, in both law and equity.
SECTION 12: Section 21.317 "Reinspection Fees" to Chapter 21
"Building Code" of the Village Code of the Village of Mount Prospect, Illinois shall
be deleted in its entirety and a new Section 21.317 "Reinspection Fees" shall be
inserted to read as follows:
Sec. 21.317
REINSPECTION FEE.
Where a reinspection is required to determine compliance with the related
codes, a reinspection fee, as set forth in Appendix A, Division II, shall be
paid. A reinspection shall include a second or subsequent inspection of
property for the same code deficiency or violation to ensure code
compliance.
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SECTION 13: A new Article XXV to Chapter 23 of the Village Code of the
Village of Mount Prospect, Illinois shall be added as follows:
ARTICLE XXV
VACANT, NONCOMPLYING AND
IMMEDIATE HAZARD STRUCTURES
Sec. 23.2501
Statement of Findings and Purpose.
A. From time to time there are structures within the Village that are not
in compliance with Village regulations, have become a threat to life and property
or are vacant or abandoned. Therefore, the Village Board of Mount Prospect
makes the following findings and declarations:
1. Noncomplying structures must promptly be made safe and
secure to protect the public safety and are declared to be a
nuisance subject to the abatement process set forth in this Article.
2. Noncomplying structures are dangerous and unsafe in that
they are extremely vulnerable to fire, flooding, collapse or other
hazards.
3. Noncomplying structures are a blight on their
neighborhoods, cause deterioration and instability in their
neighborhoods and have an adverse impact upon other properties.
4. Structures that were previously used or occupied and have
since become vacant have a significant and detrimental impact on
the local real estate market.
5. Structures that are vacant and not properly secured attract
vagrants and criminals and are prime locations to conduct illegal
activities, including arson and drug use.
6. Structures that are vacant and unsecured pose serious
threats to the public's health and safety and therefore are public
nuisances.
7. Immediate abatement of these hazards or rehabilitation of
these structures is necessary to prevent unsightly blight and the
deterioration of neighborhoods with the consequent adverse impact
on the value of adjacent and nearby properties. Such actions are
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also necessary to secure the public safety and to ensure and
enhance the vitality and livability of our neighborhoods.
8. Communication between Owners of noncomplying structures
and the Village is essential for effective allocation of public
resources and the maintenance of public health, welfare and safety
in regards to such structures.
B. The purpose of this Article is to establish necessary measures to
abate the public nuisances, blight, negative housing market impact and other
harmful effects associated with noncomplying and vacant structures.
Sec. 23.2502
Definitions.
The words and phrases used in this section have the following meanings
unless the context clearly indicates otherwise:
1. Director means the Director of the Community Development
of the Village of Mount Prospect or his/her designee.
2. Hazard Remediation Permit is that permit issued by the
Director for the purpose of permitting the cure or remediation of any
Immediate Hazard on.the premises.
3. Immediate Hazard means a determination by the Director
that a structure is not safe for any entry, occupation or use by any person,
except as allowed by the issuance of a Hazard Remediation Permit.
4. Noncomplying Structure means a structure that has at least
two Code violations, but does not constitute an Immediate Hazard.
5. Ownershall mean any and all Owners of record, including
the person or entity to whom the last tax bill was sent, any and all
beneficial Owners and any and all purchasers pursuant to Articles of
Agreement or similar contract.
6. Responsible Party shall include Owners, tenants, occupiers,
property managers and lessees.
7. Statement of intent means a form completed by the Owner
of a vacant structure, which contains specific information regarding the
structure and the Owner's plans for its rehabilitation and maintenance,
demolition and/or removal.
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8. Structure means any object or installation that can be built or
installed and is located on and affixed to the land. The term "structure"
shall include any part of a structure.
9. Substantial rehabilitation means any rehabilitation the cost of
which exceeds fifty (50) percent of the market value of the existing
structure.
10. Vacant Structure means any structure that is:
a. Condemned or declared an immediate hazard;
b. Unoccupied and unsecured for five (5) days or more
(for purposes of this definition, unsecured shall mean
that the doors or windows have not been locked or
are broken permitting entry);
c. Unoccupied with more than one housing
maintenance, fire or building code violations existing
for thirty (30) days or more;
d. Unoccupied and boarded up for thirty days or more;
or
e. Unoccupied for a period of time over one hundred
eighty (180) days during which an order has been
issued to correct a Code violation.
11. Vacant Structure Maintenance Standards means the
maintenance standards to which Vacant Structures are subject under this Article.
12. Vacant Structure Registration Certificate is that document
issued by the Village as set forth in this Article, for structures meeting the
definition of a Vacant Structure.
Sec. 23.2503
Enforcement Authority.
The Director of the Department of Community Development is authorized
to administer and enforce the provisions of this Article, including, but not limited
to, maintaining lists setting forth the status of Noncomplying, Immediate Hazard
and Vacant Structures. The Director may delegate his/her powers and duties
under this Article to an appropriate administrator or inspector.
Sec. 23.2504
Liability Pursuant to this Article; Liens; Nuisance Fee.
Every Responsible Party with respect to any property shall be jointly and
severally liable with every other Responsible Party for the obligations set forth in
this Article. Any reference to an Owner in this Article shall include all
Responsible Parties.
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All fees, costs and charges assessed or incurred by the Village shall
constitute a lien on the real estate upon which such structure is situated. In
addition, for every day that the structure remains a nuisance, after notification of
such by the Director, the Owner shall be absolutely liable to the Village for a
nuisance fee as set forth in Division II of Appendix A.
Sec. 23.2505
Obligations of Owners of Noncomplying Structures.
A. Every Noncomplying Structure as determined by the Director, is
unlawful and constitutes a nuisance. Upon determination that a structure is a
Noncomplying Structure, the Director shall have the authority to serve notice of
the Code violations on the Owner and order their correction by a date certain,
("Cure Date").
B. For purposes of this section, the person to whom the last general
tax bill on the property was sent shall be presumed to be the Owner. Notice by
regular mail and posting of notice on the front entrance to the structure or similar
location shall be deemed sufficient, legal notice to the Owner and all other
responsible parties. Service shall be effective on the date of mailing or the date
of posting, which ever comes last.
C. If, upon reasonable inquiry, the Owner or appropriate Responsible
Party cannot be determined or the Owner fails to correct the violations within the
Cure Period, the Responsible Parties shall become absolutely liable for a daily
nuisance fee as set forth in Division II of Appendix A. In addition, the Village
may, at the expense of the Owner, (1) immediately enter upon the premises and
abate the nuisance; or (2) seek an order from the Circuit Court or the Village
Administrative Law Judge requiring the vacation of the structure and causing it to
be subject to the Vacant Structure obligations of this Article.
Sec. 23.2506
Obligations of Owners of Structures Constituting an
Immediate Hazard.
A. At such time as the Director determines that a structure is an
Immediate Hazard, the Director shall post a Notice of Immediate Hazard at each
exterior entrance to the structure and notify the Owner or appropriate
Responsible Party that entry into the structure is prohibited except pursuant to an
Immediate Hazard Remediation Permit, or a demolition permit. In addition, the
notice shall inform the Owner or appropriate Responsible Party that the structure
is declared vacant and subject to the obligations set forth in this Article with
respect to Vacant Structures.
B. Upon determination that a structure is an Immediate Hazard and
notice has been given as set forth above, the Director shall make a written
determination of whether the structure may be made safe or whether its condition
is such that it must be demolished and removed. This determination shall be
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made within twenty-one days of the posting of the structure as an Immediate
Hazard. The Director may employ such professional consultants as may be
advisable in order to make such a determination. The Director shall submit the
recommendation to the Village Manager who shall make a final determination
with respect to the property.
C. If it is determined that the Immediate Hazard may be remediated,
the Owner shall be required to seek such remediation pursuant to an Immediate
Hazard Remediation Permit and the regulations set forth in this Article for Vacant
Structures. Except for the sole purpose of curing violations, pursuant to an
Immediate Hazard Remediation Permit, it shall be unlawful to use, occupy or to
perform construction, alteration or maintenance on a structure that is or contains
an Immediate Hazard. The Immediate Hazard Remediation Permit shall
establish a deadline for remediation.
D. If it is determined the Immediate Hazard cannot be remediated, the
Director shall expeditiously seek the demolition of the structure.
Sec. 23.2507
Obligations of Owners of Vacant or Abandoned Structures.
A. When a structure becomes vacant, as defined by Section 23.2502,
the Owner of the structure shall apply for and obtain a Vacant Structure
Registration Certificate and pay the fee, as set forth in Division " of Appendix A.
If the structure is still vacant at the time of expiration of the original Vacant
Structure Registration Certificate, the Owner shall immediately renew the
Certificate. All renewed permits shall be subject to all conditions and obligations
imposed by this Article on the initial Certificate.
B. The Owner of a Vacant Structure shall comply with all regulations
of the Village. To this end, the Owner shall apply for all building, fire prevention
and zoning permits necessary to bring the structure into compliance within ten
(10) days of obtaining a Vacant Structure Registration Certificate.
C. The Owner of a Vacant Structure shall, within ten (10) days of
receipt of the Vacant Structure Registration Certificate, complete the removal of
all (1) combustible materials from the structure in compliance with the applicable
fire prevention regulations; (2) waste, rubbish or debris from the interior of the
structure; and (3) waste, rubbish, debris or excessive vegetation from the yards
surrounding the vacant structure in accordance with the vacant structure
maintenance standards of this Article.
D. The Owner of a Vacant Structure shall immediately lock, barricade
or secure all doors, windows and other openings in the structure to prohibit entry
by unauthorized persons, in accordance with the Vacant Structure Maintenance
Standards of this Article.
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E. The obligations of the Owner of a Vacant Structure are continuing
obligations which are effective throughout the time of vacancy, as that term is
defined in this Article.
Sec. 23.2508
Vacant Structure Registration Certificate; Inspection; Fees.
A. Application by the Owner of a Vacant Structure for a Vacant
Structure Registration Certificate shall be made on a form provided by the
Director. The application shall include a "Statement of Intenf' that shall set forth
information as to (1) the expected period of vacancy (including the date of initial
vacancy); (2) the plan for regular maintenance during the vacancy to comply with
the vacant structure maintenance standards of this subsection; (3) a plan and
timeline for the lawful occupancy, rehabilitation or removal or demolition of the
structure, (4) measures to be taken to ensure that the structure will be kept
weather-tight and secure from trespassers and that it is safe for entry by police
officers and firefighters in times of exigent circumstances or emergency; (5)
measures to be taken to assure that the premises remain free from nuisance and
in good order in conformance with the vacant structure maintenance standards;
and (6) list all persons authorized to be present in the structure and provide
notices of trespass to the police authorizing the arrest for trespass of individuals
not on the list. (The Owner shall update the authorized person list as needed).
B. Upon and at the time of application, the Owner of a Vacant
Structure shall arrange for an inspection of the premises by the Director and the
appropriate police and fire officials. The Village officials shall inspect the
structure and its contents. If the Owner of the Vacant Structure fails or refuses to
consent to an inspection, the Director may seek an administrative warrant from'
the Circuit Court of Cook County for the purposes set forth in this Article.
C. The Director, upon inspection, shall have the authority to issue any
order for work needed to adequately protect the structure from intrusion by
trespassers and from deterioration by the weather. in accordance with the vacant
structure maintenance standards set forth in this Article; or (2) declare the
structure an Immediate Hazard; or (3) declare the structure a Noncomplying
Structure.
D. All work ordered to be done pursuant to this Article shall be done in
compliance with the applicable building, fire prevention and zoning codes and
ordinances.
E. No Vacant Structure Registration Certificate shall be effective for
more than one year from the date of issuance.
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Sec. 23.2509
Vacant Structure Maintenance Standards; Exceptions.
A. Standards. A Vacant Structure shall be subject to the following
Vacant Structure Maintenance Standards:
1. Structure openings: Doors, windows, areaways and other
openings shall be weather-tight and secured against entry by birds, vermin
and trespassers. Missing or broken doors, windows and other such
openings shall be covered by glass or other rigid transparent materials,
which are weather protected, and tightly fitted and secured to the opening.
2. Roofs: The roof and flashings shall be sound and tight, not
admit moisture or have defects which might admit moisture, rain or roof
drainage, and allow for drainage to prevent dampness or deterioration in
the interior walls or interior of the structure.
3. Drainage: The structure storm drainage system shall be
functional and installed in a manner consistent with Village regulations and
allow discharge in a manner consistent with Village regulations.
4. Structure: The structure shall be in good repair, not in
violation of Village regulations, structurally sound and free from debris,
rubbish and garbage. The structure shall be sanitary. The structure shall
not pose a threat to the public health and safety.
5. Structural members: The structural members shall be free of
deterioration and capable of safely bearing imposed dead and live loads.
6. Foundation walls: The foundation walls shall be structurally
sound and in a sanitary condition so as not to pose a threat to public
health and safety. The walls shall be capable of supporting the load of
normal use and shall be free from open cracks and breaks, free from leaks
and be rodent proof.
7. Exterior walls: The exterior walls shall be free of holes,
breaks and loose or rotting materials. Exposed metal, wood, or other
surfaces shall be protected from the elements and against decay or rust
by periodic application of weather-coating materials, such as paint or
similar surface treatment.
8. Decorative features: The cornices, belt courses, corbels,
terra cotta trim, wall facings and similar decorative features shall be safe,
anchored and in good repair. Exposed metal, wood or other surfaces
shall be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar surface
treatment.
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9. Overhanging extensions: All balconies, canopies,
marquees, signs, metal awnings, stairways, fire escapes, standpipes,
exhaust ducts and similar features shall be in good repair, anchored, safe
and sound. Exposed metal and wood surfaces shall be protected from the
elements and against decay or rust by periodic application of weather-
coating materials, such as paint or similar surface treatment.
10. Chimneys and towers: Chimneys, cooling towers,
smokestacks and similar appurtenances shall be structurally safe and in
good repair. Exposed metal and wood surfaces shall be protected from
the elements and against decay or rust by periodic application of weather-
coating materials, such as paint or similar surface treatment.
11. Walkways: Walkways shall be safe for pedestrian travel.
12. Accessory and appurtenant structures: Accessory and
appurtenant structures such as garages, sheds and fences shall be free
from safety, health and fire hazards and shall comply with all Village
regulations.
13. Premises: The premises upon which the structure is located
shall be clean, safe and sanitary. It shall be free from waste, rubbish,
debris or excessive vegetation in compliance with Village regulations and
shall not pose a threat to the public health or safety.
B. Exceptions.
1. Any person subject to the provisions of paragraph (A) above
may seek an exception from the Village Manager.
2. Where an exception is requested by an applicant, the Village
Manager may grant such an exception and render a decision in favor of
the applicant, only under the following circumstances:
a. There are facts or conditions that make strict
compliance with the provisions of paragraph (A) above unusually
difficult or that create an undue hardship;
b. Such a hardship or condition has not been created by
the applicant; and
c. The exception requested will represent the minimum
relief necessary and will represent the least deviation possible from
the vacant structure maintenance standards.
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3. In rendering a decision in favor of an applicant, the Village
Manager may attach such conditions to the exception as may be
necessary and appropriate under the circumstances to implement the
purposes of this Article.
Sec. 23.2510
Vacant Structure Registration Certificate Fee; Waiver.
The Vacant Structure Registration Certificate fee shall be in an amount set
forth in Division II of Appendix A. This fee shall also be charged upon Certificate
renewal. The fee shall be paid at the time of application or renewal. This fee
shall be waived as follows:
A. For single family residences that had been damaged by fire, other
casualty or Act of God, provided the Owner has proceeded expeditiously to
obtain appropriate permits to cure the conditions requiring the vacancy;
8. For any structure, if the Owner has secured all the duly required
permits to demolish the structure.
Sec. 23.2511
Appeals.
A party aggrieved by an action of the Director pursuant to this Article may
appeal such action by requesting a hearing before the Village's Administrative
Law Judge.
Sec. 23.2512
Enforcement and Penalties.
A. Any person found to be in violation of any provision of this Article
shall be subject to a fine as set forth in Division III of Appendix A. Each day's
failure to comply with an order of the Director shall constitute a separate offense.
Prosecution under this section is a remedy cumulative to any and all other
remedies at law and equity, and in no way preempts, supersedes or bars
prosecution for violation of this Article under subsection (8) of this Section.
8. Any violation of this Article is also declared to be a nuisance and
subject to removal or abatement as set forth in this Article. An abatement action
pursuant to Section 23.2505 is discretionary and is not a precondition to
prosecution under this Section.
C. Any order issued pursuant to this Article shall be recorded in the
office of the Cook County Recorder of Deeds. The order shall be effective
against any purchaser, mortgagee, attaching creditor, lienholder or other person
whose claim or interest in the property arises subsequent to the recording of the
order. Once the violation(s) is certified to be corrected, such orders shall be
removed from the record.
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D. All fees, costs, or charges assessed or incurred by the Village
pursuant to this Article shall be a lien upon the real property. The lien shall be
superior to all subsequent liens and encumbrances. The Director shall file a
notice of lien within two (2) years after such cost and expense is incurred, which
notice of lien shall be filed in the office of the Cook County recorder of deeds.
1. Upon payment of the cost and expense by the Owner or
Responsible Party after notice of lien has been filed, the Village shall
release the lien.
2. The lien may be enforced by proceedings to foreclose, as in
case of mortgages or mechanics liens.
E. The Village may seek injunctive relief to prevent or restrain
violations of this Article.
SECTION 14: The text contained in Section 21.317, entitled
"Reinspection Fees," of Division II of Appendix A of the Code of Ordinances of
the Village of Mount Prospect, Illinois, shall be deleted and the following inserted,
to be and read as follows:
First Reinspection:
Second Reinspection:
Third Reinspection:
Fourth Reinspection:
Fifth Reinspection:
$50.00
$75.00
$100.00
$125.00
$150.00
SECTION 15: Division II of Appendix A of the Code of Ordinances of the
Village of Mount Prospect, Illinois, shall be amended to insert the following new
Sections to be and read as follows:
23.2504 Liability Pursuant to this Article; Liens; Nuisance Fee.
Nuisance Fee: $50.00/day
23.2505 Obligations of Owners of Noncomplying Structures.
(C) Nuisance Fee: $50.00/day
23.2507 Obligations of Owners of Vacant or Abandoned Structures.
(A) Vacant Structure Registration Fee: $500.00/year
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SECTION 16: Division III of Appendix A of the Code of Ordinances of the
Village of Mount Prospect, Illinois, shall be amended to insert the following new
section to be and read as follows:
23.2512
Enforcement and Penalties.
(A) Not less than $1 DO/day or more than $1 ,ODD/day
SECTION 17:
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
,2006.
Irvana K. Wilks, Mayor
ATTEST:
M. Lisa Angell, Village Clerk
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Village of Mount Prospect
Community Development Department
Mount Prospect
MEMORANDUM
~
TO:
FROM:
MICHAEL E. JANONIS, VILLAGE MANAGER
DIRECTOR OF COMMUNITY DEVELOPMENT
~.~
\(\'\ Ot-
DATE:
JAN UARY 12, 2006
ADMINISTRATIVE ADJUDICATION, CHAPTER 8
SUBJECT:
At the January 10, 2006 Committee of the Whole meeting, the Village Board discussed
recommended changes to the proposed Administrative Adjudication system designed for the
Village of Mount Prospect. The system will enable the Village to more adequately address
property maintenance problems throughout the Village. The system will be two-tiered, allowing
an Administrative Law Judge to differentiate between first time and minor offenses and those
offenses of a more serious nature. Those cited with code violations will have the option to
comply, pay a nominal fine, and avoid the hearing process.
Attached for Village Board consideration is the final draft of an Ordinance that would establish
Chapter 8, Article XXI, Administrative Adjudication System. Staff recommends the Village
Board adopt the ordinance as presented. March 1,2006 remains the projected date for
implementation of this program. Staff will be on hand to answer any questions related to this
matter.
W1l14
William J. Cooney Jr., AICP
Director of Community Development
p
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 65 ILCS 5/1-2.1-1, et 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,
acting in the exercise of their home rule powers:
SECTION 1. CHAPTER 8 OF THE MOUNT PROSPECT VILLAGE CODE, as
amended, is 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:
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SECTION 8.2101 : CREATION OF ADMINISTRATIVE ADJUDICATION SYSTEM:
A. Pursuant to Division 2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1, et seq.,
which authorizes municipalities to implement a system of administrative adjudication, there
is created a system of administrative adjudication of charges of Code violations for the
Village of Mount Prospect. The system will authorize an Administrative Law Judge to
conduct adjudicatory hearings of cases instituted by Village Departments.
B. The Village adopts Division 2.1 of the Illinois Municipal Code, 651LCS 5/1-2.1-1, et
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 Law Judge.
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. That Office shall be
directed by an Administrative Hearings Supervisor, who shall be the Village Manager, or
his/her 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 Law Judges,
appointing Administrative Law Judges, 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.
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SECTION 8.2105: QUALIFICATIONS OF ADMINISTRATIVE LAW JUDGE
Prior to conducting administrative adjudication proceedings under this Article, the
Administrative Law Judges 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 Law Judges 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 Law Judge 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 Law Judge may not be a resident of the Village of Mount Prospect.
SECTION 8.2106: SCOPE OF AUTHORITY OF ADMINISTRATIVE LAW
JUDGES:
Administrative Law Judges shall preside over adjudicatory hearings. The authority of an
Administrative Law Judge 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 Law Judge's own motion, issuing
subpoenas for the attendance of relevant witnesses and/or the production of relevant
books, records, or other information. Subpoena issuance shall be at the discretion of the
Administrative Law Judge, where it is determined that the requested witness or document
is material to the defense of the allegations and does not constitute a needless
presentation and that the elements of the defense sought to be proved could not otherwise
be established without the production of the requested evidence.
D. Preserving the record of the hearing, including all exhibits and evidence admitted
into the record at the hearing.
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E. Issuing a determination based upon a reviewofthe 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 Act. The determination shall be in writing, shall be signed by the
Administrative Law Judge, 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:
(1) Imposing penalties as provided by the governing penalty provision, except,
however, that in no event shall an Administrative Law Judge 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 Law Judge. However,
an Administrative Law Judge 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 Law Judge 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.
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J. Hearings on appeals from the orders of the Director of Community Development.
SECTION 8.2107: ADMINISTRATIVE HEARINGS:
A. All administrative hearings conducted by an Administrative Law Judge are open to
the public and shall be presided over by a duly appointed Administrative Law Judge who is
charged with providing the parties a full and fair opportunity to be heard.
B. The Village shall not be represented by an employee or other representative of the
Office of Administrative Hearings. However, documentary evidence, prepared by another
Department of the Village and submitted to the Administrative Law Judge, may be
presented at the hearing by the Administrative Hearing Supervisor.
C. All administrative hearings shall be conducted on the date set for hearing. In rare
instances and for good cause shown, a continuance may be granted at the discretion of
the Administrative Law Judge. The purpose of administrative hearings is to provide a
prompt resolution of alleged Code violations. 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 Law Judge may issue subpoenas.
E. The formal and technical rules of evidence may be waived 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 Law Judge 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 Hearings, postmarked within
ten (10) days ofthe issuance of the notice of violation. The request shall be deemed filed,
if postmarked by such due date. The submission of a notarized statement of facts is a
waiver of the person's right to a personal appearance and the Administrative Law Judge
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. However, 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 ofthe
correctness of the facts specified in the document.
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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 Law Judge shall include a copy ofthe findings, decision,
and order of the Administrative Law Judge's final determination.
I. At the conclusion of a hearing, the Administrative Law Judge shall issue hislher final
determination. If the Administrative Law Judge issues a final determination of liability, he or
she may impose fines, assess costs, and make orders, all as provided by Section
8.2106(F), and as are consistent with the specific Code provision(s) found to have been
violated.
J. At the conclusion of the hearing, the Administrative Law Judge shall inform the
parties orally and in writing of his determination. Such determination shall constitute a final
determination for purposes of judicial review and is subject to review under the Illinois
Administrative Review Act. Based on the charging document and the evidence admitted,
the Administrative Law Judge may issue the following determinations: liable, not liable, or
liable upon a plea of no contest. The Administrative Law Judge 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 Administrative Law Judge 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 of the person to whom the charging document
is given if that person is not the respondent;
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(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.
The Village officer or employee shall certify the correctness of the
information required by this Subsection 8.2108(8)( 1) by signing hislher 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) The 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.
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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 on the
respondent as provided in Subsection 8.2108(C)(2).
E. Parties to an adjudicatory hearing may be represented by an attorney, present
witnesses, and cross-examine opposing witnesses. Parties may request the Administrative
Law Judge to issue subpoenas according to the authority granted in Section 8.2106,
paragraph C.
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 Village Attorney, but not by an employee or
other representative ofthe Office of Administrative Hearings except as allowed by Section
8.2107(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 Law
Judge 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/her attorney or agent of record,
fails to appear, the Administrative Law Judge 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. The
order shall advise 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 8.2108(C)(1). The default judgment
constitutes a final determination for purposes of judicial review and is subject to review
under the Illinois Administrative Review Act.
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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. A motion to set aside
a default judgment shall set forth the reason(s) the respondent failed to appear on the
original hearing date. The Administrative Law Judge shall hear and rule on the motion. If
the Administrative Law Judge grants the motion, a hearing will be held immediately on the
alleged Code violation(s) set forth in 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 Law Judge 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.
SECTION 8.2111 FINES; COMPLIANCE BOND:
A. All fines and other payments must be made within ten (10) calendar days.
B. If the Administrative Law Judge issues an order of compliance, the Administrative
Law Judge may order the respondent to post either a cash or other security bond to ensure
respondent's timely compliance. Any non cash security bond shall name the Village as
beneficiary and shall be in the amount specified by the Administrative Law Judge. Any
bond issued as a result of an Administrative Law Judge's order is subject to review and
approval by the Village Manager. If the respondent fails to timely remedy the Code
violation(s) for which a bond has been issued and the Village undertakes remediation or
otherwise expends funds related to the Code violation(s), the Administrative Law Judge,
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 Law
Judge shall order the bond amount, less the reasonable costs incurred by the Village,
returned to the respondent upon proof of compliance. Upon failure to achieve compliance,
the Administrative Law Judge shall, upon written petition of the Village, increase the
assessed fine by 10% for each day beyond the original compliance date that compliance
has not been achieved.
C. Nothing in this Article shall prevent the Director from issuing citations which are
payable to the Village without a hearing. However, in such instances the fine may not
exceed the amount set forth in Division III of Appendix A.
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SECTION 8.2112: ENFORCEMENT OF ADMINISTRATIVE LAW JUDGE'S ORDER:
A. Any fine and any administrative, enforcement, or compliance costs imposed by an
Administrative Law Judge'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.
B. 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 Law Judge may be enforced in the same manner as a judgment entered 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/orcost remaining unpaid afterthe notice of final 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 of the 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.
D. In any case in which a respondent fails to comply with an Administrative Law
Judge's order to correct a Code violation, any expenses incurred by the Village to enforce
the Administrative Law Judge's order, including but not limited to attorney's fees, court
costs and costs related to property demolition or foreclosure, shall be a debt due and owing
the Village. Prior to any expenses being fixed by an Administrative Law Judge pursuant to
this Subsection 8.2112(D), the respondent shall be provided with notice that directs the
respondent to appear at a hearing before an Administrative Law Judge to determine
whether the respondent has failed to comply with the Administrative Law Judge'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 Law Judge in any manner provided by law.
SECTION 8.2113: ELECTION OF REMEDIES:
In no case may an Administrative Law Judge conduct an adjudicatory hearing for an
alleged Code violation where the remedy is a punishment of imprisonment.
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Nothing in this Article, however, shall precJude 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 Law Judge.
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
,2006.
Irvana K. Wilks, Mayor
ATTEST:
M. Lisa Angell, Village Clerk
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MEMORANDUM
Village of Mount Prospect
Community Development Department
FROM:
MICHAEL E. JANONIS, VILLAGE MANAGER
DIRECTOR OF COMMUNITY DEVELOPMENT
JANUARY 12, 2006
ANIMAL CONTROL ORDINANCE, CHAPTER 20
~~, tJ-nr,
, I (') Ioc.
TO:
DATE:
SUBJECT:
At the January 10, 2006 Committee of the Whole meeting, the Village Board discussed amendments to
Chapter 20 of the Village Code, Animal Control. Trustee comments regarding restraint of animals
within property borders has been included in the ordinance. These proposed changes make the code
consistent with current practices, County and State law, and eliminate restrictive language that imposes
unnecessary requirements on the Village.
The primary changes are:
· Makes it a violation to poison pets.
· Decreases permitted size of a pet that may be buried on your own property from 150 pounds to
50 pounds.
· Prohibits persons at any time to permit their animal to run uncontrolled, molest persons or
vehicles by chasing, barking or biting, attack other animals, and damage property other than the
owner's.
· Expands definition of "Owner" to include any person that harbors or cares for an animal.
· . Establishes specific regulations that deem animals unlawfully at large to be a stray domestic
animal.
Staff recommends that the Village Board adopt the proposed amendments to the Animal Control
Ordinance to clarify Village policies and bring the Village Code up to date with current County and State
regulations. Staff will be on hand to answer any questions related to this matter.
;
William J. Cooney Jr. AICP
Director of Communit Development
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
ENTITLED "ANIMALS"
OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE
EXERCISE OF THEIR HOME RULE POWER:
SECTION 1: Chapter 20 entitled "Animals" of the Mount Prospect Village Code
shall be amended by deleting Chapter 20 in its entirety, Articles I through IV, and
inserting in lieu thereof a new Chapter 20 entitled "Animals", Articles I through IV which
shall be and read as follows:
CHAPTER 20 - ANIMALS
Sec. 20.101
ARTICLE I
GENERAL PROVISIONS
STRAY ANIMALS PROHIBITED.
It shall be unlawful for any person to permit any animal to stray or to run at large upon
or in any public place.
An animal shall be deemed to be a stray and unlawfully at large unless: (1) under
control of the owner or keeper or a member of the owner's or keeper's immediate family
over ten (10) years of age by leash or tether; or (2) , or supervised by the owner or
keeper in a fenced yard; or (3) restrained bya leash or tether within the property
borders; or (4) kept within the property borders by electronic means; or (5) or kept in an
area such as a kennel run. Any animal that is unlawfully at large pursuant to this
subsection may be deemed to be a "stray domestic animal" for purposes of this article.
Any stray domestic animal in the public way or within a public place or upon private
premises of any person other than the owner may be immediately impounded by the
Village and the impoundment procedures set forth in Article II of this Chapter shall
control.
E
This section shall not apply to any animal being used for military, law enforcement work
or any animal trained to assist persons with disabilities. (1981 Code; amd. Ord. 5458, 9-
21-2004)
Sec. 20.102
CRUEL TV PROHIBITED.
A. Every person owning, harboring, keeping or caring for an animal shall provide for
it:
1. A sufficient quantity of good quality, wholesome food and water.
2. Adequate shelter and protection from the weather.
3. Veterinary care when needed to prevent suffering.
4. Humane care and treatment.
B. It shall be unlawful for any person to:
1. Beat, cruelly treat, torment, overload, overwork or otherwise abuse any
animal, fowl or reptile.
2. Abandon any animal where it may become a public charge or may suffer
injury, hunger or exposure.
3. Unnecessarily fail to provide any animal in his or her charge or custody
with proper food, water, air and sanitary shelter, such shelter to be sufficientto
provide natural light or artificial illumination during reasonable hours and
protection from the weather and within space sufficient for the animal to stand in
an upright position and lie down stretched out so that no part of its body need
touch the sides of the shelter structure.
4. Leave for any unreasonable length of time any animal unattended in a
motor vehicle, trailer or other enclosure when the outside temperature shall
exceed eighty five degrees Fahrenheit (850F).
5. Keep any animal in such manner that the animal does not have proper air
circulation while confined in a motor vehicle, trailer, kennel, dog house, or any
type of container or structure in which an animal may be confined.
6. Promote, stage, hold, manage, conduct or carry on any animal fight or any
other type of contest, game or fight of a similar nature, nor any simulated version
of same that involves baiting or inciting an animal to fight.
2
7. Use or permit the use within the Village of any leghold animal trap or
similar device with spring activated jaws of the type used for the trapping of fur
bearing animals which is capable of inflicting cruelty upon dogs, cats or other
animals, or which constitutes a hazard to small children. Nothing in this section
shall prohibit the use or setting of standard household mouse or rat traps for the
purpose of controlling mice and rats. (Ord. 3368,9-6-1983)
8. Knowingly poison or cause to be poisoned any domesticated animal. The
only exception shall be upon written permit for the Illinois Department of
Agriculture for the purpose of controlling diseases transmissible to humans or
their animals and only when all other methods and means have been exhausted.
Any drugs for euthanasia shall be kept or administered only by or under the
direction of a licensed veterinarian.
Sec. 20.103
DISEASED ANIMALS.
No person shall allow any dead animal or animals afflicted with a contagious disease to
be present in any public place or have, keep or harbor any animal which is infected with
any disease transmissible to other animals or man, or which is afflicted with any painful
disease or injury, including severe parasitism, unless such animal shall be under the
care of a licensed veterinarian.
A. No diseased animal shall be shipped or removed from the premises of its owner,
except under the supervision of the Community Development Department or Police
Department.
B. Any animal which is on any public way or within any public place and which is
severely injured or diseased, and for which care is not being provided on the scene or
any severely injured or diseased animal that has strayed onto private premises, shall be
removed, if possible, to the care of an animal control center, to the nearest humane
society, to the nearest veterinarian or veterinary hospital willing to accept same.
1. If immediate removal shall not be possible, such animal may be destroyed
by the most humane method available on the scene, unless the owner shall
come forward beforehand and assume responsibility for removal and care.
2. Handling of any such case shall be the responsibility of the Community
Development Department or Police Department.
C. No person shall leave in or throw into any public way, public place or public
water, or offensively expose or bury within the Village, the body or any part thereof of
any dead or fatally sick or injured animal; nor shall any person keep any dead animal in
a place where it may be dangerous to the health of any other animal or person.
However, the owner of any dead pet weighing not more than fifty (50) pounds may bury
such animal on the owner's premises, provided that such animal shall be placed at least
three feet (3') below the surface of the soil surrounding and adjacent to the grave.
3
Sec. 20.104
SALE OR POSSESSION OF CERTAIN ANIMALS PROHIBITED.
A. No person shall bring or cause to have brought into the Village, sell, offer for
sale, barter or display living baby chicks, ducklings, goslings or other fowl or rabbits
which have been dyed, colored or otherwise treated so as to impart to them an artificial
color.
1. It shall be unlawful for any person to display, sell, offer for sale, barter or
give away any chicks, ducklings or goslings as pets, unless the purchaser shall
have proper brooder facilities.
2. It shall be unlawful for any person to give away such animals as novelties
or prizes.
B. No person shall keep, maintain and/or harbor any live swine, pigs, pigeons, bees,
horses or cattle within the corporate limits of the Village, unless such keeping,
maintenance and/or harboring is done pursuant to the business of providing veterinary
or animal hospital services that are in compliance with Village regulations.
C. Each person who shall possess, keep or maintain any wild, or nondomesticated
animal, including any wild animal native to the state, shall upon demand of the
Community Development Department or Police Department, furnish proof of compliance
with such restrictions and/or permit requirements as may be imposed by statutes of the
state and/or federal law. The Community Development Department or Police
Department shall be empowered to demand surrender of any animal possessed, kept or
maintained in the absence of proof of such compliance or in violation of the Village
relative to zoning regulation and to make whatever disposition of it.
D. Nothing in this section shall be construed to prohibit legitimate commerce in
poultry for agricultural and food purposes. (1981 Code; amd. Ord. 4920, 4-7-1998)
E. No person shall keep, maintain, and/or harbor more than three dogs or cats older
than 12 weeks of age unless such keeping, maintenance and/or harboring is done
pursuant to a properly licensed business of selling pets, providing veterinary, or animal
hospital services that are in compliance with Village regulations.
Sec. 20.105
DANGEROUS ANIMALS.
A. Keeping: No person shall own, keep or harbor within the Village:
1. Any snake, lizard or other reptile whose species is physically capable of
injuring a person by poison, constriction or a disfiguring bite.
4
2. Any lion, tiger, cougar, panther, bobcat, mountain lion, lynx, ocelot,
leopard, or any other similar feline animal; or any hybrid of any of them.
3. Any wolf, coyote, jackal, fox, wild dog or any hybrid of any of them.
.4. Any bear or bison.
5. Any rodent weighing more than one pound, with the exception of guinea
pigs.
6. Any other animal which, when full grown, normally attains a weight in
excess of two hundred (200) pounds.
7. Any monkey (not authorized by the state of Illinois as a sanctioned pet),
gorilla, chimpanzee or other similar ape like primate.
8. Any vicious animal, the owner or keeper of which, has been found guilty of
violating section 20.207 of this chapter with respect to that animal.
This subsection shall not apply to properly zoned and constructed zoos, animal
shelters, veterinary hospitals, pounds, federally licensed scientific or research
laboratories or educational or other licensed institutions.
B. Killing: Any member of the Police Department of the Village is authorized to kill
any dangerous animal when necessary for the protection of any person or property. For
the purpose of this subsection, a dangerous animal is not limited to those specifically
enumerated in subsection A of this section.
1. In all cases where such animal has been destroyed by a police officer, and
a period of less than fourteen (14) days has elapsed since the day on which such
animal or reptile may have bitten any person, the police officer is authorized to
immediately notify the Community Development Department or Police
Department.
2. It shall be unlawful for the owner of any animal, when notified that such
animal has bitten, scratched or otherwise attacked any person, to sell or give
away such animal or to permit or allow such animal to be taken beyond the limits
of the Village without the express approval of the Community Development
Department or Police Department. (Ord. 5458, 9-21-2004)
Sec. 20.106
NOISE.
It shall be unlawful to harbor or keep any animal which disturbs the peace by loud
noises at any time of the day or night. (Ord. 3746, 2-3-1987)
5
Sec. 20.107
PROHIBITED ACTS.
No person shall permit an animal at any time to: (1) Molest persons or vehicles by
chasing, barking or biting; (2) Attack other animals; (3) Damage property other than the
owner's. This shall be an absolute liability probation. No proof of intent to permit or
allow shall be required.
ARTICLE II
DOGS AND CATS
Sec. 20.201
RABIES INOCULATION - DOGS AND CA T5.
Every owner, except animal shelters, animal impounding facilities, and laboratory
animal facilities, of a dog or cat four months or more of age shall cause such dog or cat
to be inoculated with rabies vaccine by a licensed veterinarian at such intervals as
approved by the Illinois Department of Agriculture.
Sec. 20.202
COLLAR AND IDENTIFICATION - DOGS AND CATS.
Every dog or cat, when off the property of the owner, shall wear a collar, attached to
which shall be the identification of the dog or cat's owner, along with the serially
numbered tag, issued by the Cook County Department of Animal and Rabies Control, or
similar agency of another county, evidencing the dog or eat's rabies inoculation.
Every dog or cat found in the Village without such collar and identification will be
deemed to be in violation of this Chapter and shall be impounded as provided in this
chapter.
Sec. 20.203
Reserved
Sec. 20.204
CONTROL OF DEFECATION.
A. It shall be unlawful for any person to cause or permit a dog to be on any property,
public or private, not owned or possessed by such person unless such person has in his
immediate possession a device for the removal of excrement and a depository for the
transmission of excrement to a receptacle located upon property owned or possessed
by such person.
B. It shall be unlawful for any person in control of, causing or permitting any dog or
cat to be on any property, public or private, not owned or possessed by such person to
fail to remove excrement left by such dog or cat to a proper receptacle located on
property owned or possessed by such person.
C. It shall be unlawful for any person keeping or maintaining any animal to maintain
any place where such animal is kept in other than a clean and sanitary condition. (1981
Code; amd. Ord. 3105,4-1981)
6
Sec. 20.205
ANIMAL BITE OR SCRATCH.
Whenever any animal bites or scratches a person, the owner of the animal shall
immediately notify the Community Development Department or Police Department, who
shall order the animal held on the owner's premises or at the sole discretion of the
Village official shall have it impounded at the owner's expense for a period of ten (10)
days.
A. The animal shall be examined immediately (not later than 24 hours) after it has
bitten or scratched anyone and again at the end of the ten (10) day period.
B. If at the end of ten (10) days a veterinarian is convinced that the animal is then
free from rabies the animal shall be released from quarantine or from the pound, as the
case may be.
C. If the animal dies in the meanwhile, its head shall be sent to the state department
of health for examination for rabies.
D. It shall be unlawful for the owner of any animal when notified that such dog or cat
has bitten or scratched any person to sell or give away such animal or to permit or allow
such animal to be taken beyond the limits of the Village. (1981 Code)
Sec. 20.206
IMPOUNDMENT PROCEDURES.
A. In all cases of impoundment, other than those itemized in sections 20.205 and
20.207 of this article, when the Community Development Department or Police
Department takes possession of an animal for the purpose of impounding same, the
Village shall hold such impounded animal in an animal control center for seven (7) days,
during which time reasonable means shall be used to facilitate its return to the rightful
owner.
1. The owner of any animal impounded in any animal control center may, at
any time during visiting hours at the animal control center, and before the sale or
other disposal thereof as provided in this section, redeem such animal by paying
the fees and/or charges required by this article and, in the case of an unlicensed
animal, by additionally complying with the license requirements of this article.
2. The seven (7) day holding period shall not apply to animals relinquished
by their owners to the Community Development Department or Police
Department under owner signature authorizing the Community Development
Department or Police Department to make immediate disposition of the animal at
its discretion, nor shall any required holding period apply to animals received for
7
impounding in obviously critical physical condition for which immediate death by
lethal injection shall be deemed proper for humane reasons by an authorized
veterinarian.
3. Animals of unknown ownership shall be held for a minimum of five (5)
days, or for such other length of time as the Community Development
Department or Police Department may deem necessary to permit location of and
redemption by rightful owners, except that wild animals which are noxious by
their very nature such as wild rats and undomesticated rodents may be killed
painlessly at once.
4. Any animal remaining unredeemed after the prescribed holding period
shall at once become the property of the Village.
B. For purposes of impounding, the Community Development Department or Police
Department shall utilize an animal control center or the facilities of any Humane Society
properly equipped and willing to impound animals. If the animal shall be of a species
that may be better or more safety impounded elsewhere, the Community Development
Department or Police Department may designate an alternate facility that is properly
equipped and willing to accept the animal.
1. The animal control center, Humane Society or other authorized receiving
agency shall exercise due caution for the welfare and temporary safekeeping of
any animal, in conformance with policies to be prescribed by the Community
Development Department or Police Department.
2. Impounded animals shall be humanely treated and fed; the pound shall be
under the charge of the chief of police, who shall be responsible for the care and
custody of the same.
C. Prior to the release of any impounded animal:
1. The owner of any impounded animal which has bitten any other animal or
person, or which was otherwise impounded pursuant to the terms of this chapter,
shall pay the cost for housing the animal as well as redemption fees as set forth
in appendix A, division II of this code.
2. In the event the rightful owner of a dog or cat cannot be found, any person
desiring to adopt such a dog or cat at the end of such seven (7) day
impoundment period shall pay the cost of housing the animal.
3. Vaccination certificate and licenses for any animal so redeemed or
adopted shall be presented to the Community Development Department or
Police Department.
8
D. Should no redemption or adoption be made of any impounded animal, it shall be
the duty of the Community Development Department or Police Department is authorized
to cause any such unclaimed animal to be killed in a humane manner. (Ord. 3167, 12-
15-1981; amd. Ord. 5189, 5-15-2001; Ord. 5458, 9-21-2004)
Sec. 20.207
VICIOUS ANIMALS.
A. Mandatory Restraint: It shall be unlawful for any person to have custody of, own,
possess or maintain a vicious animal, as defined in section 20.402 of this chapter,
unless it is restrained, securely confined on the premises of its keeper or owner, or
muzzled so that it cannot bite, attack or cause injury to any person or other domestic
animal. In addition to any other available penalties, failure to comply with the
requirements of this section may result in impoundment, as set forth in subsection B of
this section. For purposes of this section, the following shall apply:
1. A vicious animal shall be deemed securely confined on the premises of its
keeper or owner only when confined in a five (5) sided enclosure (4 sides and a
roof) that is reasonably designed to prevent escape. If the enclosure has no floor
that is secured to the sides, then the sides of the enclosure shall be embedded
into the ground no less than two feet (2') deep to prevent escape by digging. The
enclosure must be humane and provide some protection from the elements for
the animal.
2. A vicious animal may only leave the securely confined premises for the
purpose of obtaining grooming, veterinary care or upon order of a court of
competent jurisdiction, or to leave the Village limits. When beyond the premises
for such reasons, the animal must be securely muzzled and restrained by a chain
or leash and under the immediate and constant physical restraint of the owner or
keeper.
3. The owner of a vicious animal shall display a sign stating "WARNING-
VICIOUS ANIMAL - KEEP AWAY!" on the exterior of any enclosure in which the
animal is kept. The sign must be visible and legible from ten feet (10') away from
the animal's enclosure.
B. Impoundment: If a vicious animal, as defined under section 20.402 of this
chapter, is not kept in accordance with this section, or immediate impoundment is
otherwise necessary for the protection ofthe public health or safety, the chief of police
or other person acting on behalf of the Village may immediately order the animal
impounded.
1. The keeper or custodian of an animal impounded pursuant to this section,
shall be notified of the impoundment by certified mail or by personal service, in
accordance with section 20.301 of this chapter, within two (2) working days of the
impoundment.
9
2. The notice of impoundment, if by certified mail, shall inform the owner or
custodian of the animal that the owner may make a written request for a hearing
to contest the impoundment. Such a request must be made within five (5)
working days of the mailing of the notice of impoundment. If notice of
impoundment is given by citation, a hearing date shall be assigned and indicated
on the citation. The hearing may be before the circuit court of Cook County, the
Village Manager, or his or her designee or any administrative hearing officer. The
forum shall be selected at the Village's sole discretion.
3. Upon request by the owner or custodian of the animal for a hearing
pursuant to subsection 82 of this section, a hearing shall be held within ten (10)
working days of the request. A notice of the hearing shall be mailed by certified
mail to the owner or keeper of the animal requesting the hearing. The animal
shall not be destroyed prior to the conclusion of the hearing.
4. If a determination not to destroy the animal is made pursuant to the
hearing, the Village may, to ensure the health and safety of the public and the
animal, impose reasonable restrictions and conditions for the control and
maintenance of the animal upon its release to the owner. The conditions may
include, but are not limited to, the following:
a. Posting a bond or other proof of ability to be responsible for future
damage or injury caused by the animal.
b. Specific requirements as to size, construction and design of an
enclosure in which to house the animal.
c. Establishing the location for housing the animal, including the
removal of the animal from the Village.
d. Requirements as to type and method of restraint and/or muzzling of
the animal.
e. Payment of reasonable fees to recover the impoundment costs
incurred by the Village.
5. As provided under section 15 of the Illinois animal control act, 510 Illinois
Compiled Statutes 5/15, the court has authority to enter a decree restraining the
owner of a vicious animal from maintaining such animal as a public nuisance and
may further decree that such animal be humanely dispatched.
6. Impoundment shall be conducted in accordance with subsections 20.206
20.205 8, C and D of this article to the extent not in conflict with this section.
(Ord. 5458, 9-21-2004)
10
Sec. 20.301
ARTICLE III
ENFORCEMENT; PENALTIES
ENFORCEMENT.
It shall be the duty of the Village Chapter to issue citations to any persons who violate
the provisions of this Chapter.
A. A citation for violation of this Chapter may be delivered to the violator personally
or may be delivered to a member of the violator's household of the age of ten (10) years
or upwards, or may be affixed to the main entrance to any building located upon the
premises where the violation occurred.
B. Nothing in this section shall be construed to abridge the power of the Village to
arrest any violator and take him or her into custody. (1981 Code)
Sec. 20.302
PENAL TIES.
A. Notwithstanding the power of a police officer to arrest any violator and take him
into custody, whenever a Village official designated under section 20.301 of this article
is authorized to issue a citation because of a violation of this section, said official may,
in lieu of filing a complaint in court in the first instance, issue the alleged violator a
citation:
B. Every person found guilty of a violation of any of the provisions of this Chapter
shall be punished by a fine according to a schedule set forth in appendix A, division III
of this code. If any violation shall be of a continuing nature, a separate offense shall be
deemed committed for each day of violation. (1981 Code; amd. Ord. 3206,4-20-1982;
Ord. 3749,2-17-1987; Ord. 5189, 5-15-2001)
ARTICLE IV
DEFINITIONS
Sec. 20.401
SEVERABILITY.
If any part or parts of this chapter shall be held to be unconstitutional, such
unconstitutionality shall not affect the validity of the remaining parts of this chapter. The
board of trustees hereby declares that it would have passed the remaining parts of this
chapter if it had known that such part or parts thereof would be declared
unconstitutional. (1981 Code)
Sec. 20.402
CONSTRUCTION.
A. Effect Of Headings: Chapter, article and section headings contained herein shall
not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or
intent of the provisions of any article or section of this chapter.
11
--'~~-'-----------='~'-^"''''';''''T'''''''':''~'"''''''o'1:':~''''''''''';'"''''~--------- - ,. ----~-.~."',.,~:""""c',=.'.,..,._..,,__'.rc='_="=~~____
B. Definitions: For the purpose of this chapter, whenever the following words and
phrases are used, they shall have the meanings and definitions respectively ascribed to
them in this section:
ANIMAL: Any living vertebrate, domestic or wild, not including humans.
ANIMAL CONTROL CENTER: Any facility utilized for the purpose of impounding
animals impounded pursuant to the terms of articles I and II of this chapter.
ANIMAL CONTROL OFFICER: Director of Community Development and the Chief of
Police and their designated agents enforcing the provisions of this Chapter.
ANIMAL UNDER CONTROL: Any animal either secured by a leash or lead, or within the
premises of its owner, or confined within a crate or cage, or confined within a vehicle, or
within the premises of another person with the consent of that person, or within an area
specifically designated by the animal control officer as an animal exercise run when the
animal is under the control of a competent person.
BITE: Seizure with the teeth or jaws of an animal so that the skin of a human being or
animal seized has been pierced or broken and further includes contact of the saliva of
the biting animal with any break or abrasion of the skin of the human being or animal
bitten.
CAT: Any live male or female member of the classification: Felis catus.
DIRECTOR OF HEALTH OR HEALTH OFFICER: Director of the Department of
Community Department of the Village.
DOG: Any live male or female member of the classification Canis familiaris.
FINANCE DIRECTOR: Director of Finance of the Village.
HUMANE SOCIETY: Any not for profit corporation chartered under the laws of the State
of Illinois for the object of animal welfare.
IMPOUNDED: The taking of any animal into the custody of the animal control officer,
including the subsequent placement of such animal into any kennel, animal shelter,
animal pound in accordance with the terms of articles I and" of this chapter.
KILL: Death brought about by any method which produces loss of consciousness and
results in humane death.
OWNER: A any person having a right of property in an animal, who keeps or harbors
and animal, who has it in his or her care, acts as its custodian or who knowingly permits
an animal to remain on or about any premises occupied by him unless possession is
12
prohibited by Federal or State Laws. Native wildlife remaining on or about any premises
shall be included in this definition.
POLICE DEPARTMENT: The Mount Prospect Police Department.
SCRATCH: Any scraping with the claw or nail of any animal so that the skin of a human
being or animal being touched has been pierced or broken.
STRAY ANIMAL: Any animal upon property other than that of the owner and not under
restraint and not in the presence of its owner.
VACCINATION: The injection, as approved by the department of agriculture, state of
Illinois, of an antiracism vaccine approved by said department, with verification thereof
consisting of a current certificate and current tag issued in accordance with the statutes
of the State of Illinois.
VICIOUS ANIMALS: Any animal which is known to have attacked a person on a
previous occasion without provocation whenever that person was peacefully conducting
himself or herself where he or she was lawfully entitled to be.
VILLAGE: The Village of Mount Prospect. (1981 Code; amd. Ord. 5458, 9-21-2004)
SECTION 2: 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
,2006
Irvana K. Wilks, Mayor
ATTEST:
M. Lisa Angell, Village Clerk
13
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Mount Prospect
INTEROFFICE MEMORANDUM
Village of Mount Prospect
Mount Prospect, Illinois
FROM:
MICHAEL E. JANONIS, VILLAGE MANAGER
DIRECTOR OF FINANCE
-eb.J.1~
1 {I'\ lOt.
TO:
DATE: JANUARY 10, 2006
SUBJECT: TIF INTERGOVERNMENTAL AGREEMENT
Attached please find the intergovernmental agreement between the Village and taxing districts
affected by the proposed extension to Downtown Redevelopment Area TIF District #1. The
agreement was necessary to obtain approval for the 13-year extension of the TIF that was set to
expire December 31,2009.
The intergovernmental agreement calls for a sharing of incremental property taxes beginning with
the 2009 property tax levy. The portion of the incremental taxes to be distributed is based on a
formula that takes into account actual property values in the TIF as of 2008 and a set growth factor.
The growth factor was set at 2.43%, which represents a 1 O-year average for CPI. Please note that
the sharing of incremental property taxes through this agreement does not affect the Village's
annual property tax levy for general and corporate purposes.
You will notice only four of the thirteen taxing districts signed the agreement (School Districts 57 and
214, Mount Prospect Park District and Mount Prospect Public Library). These were the only taxing
districts required by State Statute to formally approve the agreement through their elected Board.
The ordinances amending the Downtown Redevelopment TIF #1 will be presented to the Village
Board for a first reading on February 21 , 2006.
As discussed, please place this item on the agenda for the January 17, 2006 Village Board Meeting.
Please let me know if you have any questions.
~' CL-l
I' .'l.J r,
ytL~fiY '.
DAVID O. ERB
DIRECTOR OF FINANCE
I:\TIF Financials\AAA FINAL TIF EXTENSION AGREEMENT\lntergovernmental Agreement Cover Memo
- 1-17 -2006.doc
RESOLUTION NO.
A RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT TO
EXTEND THE TERM OF THE TAX INCREMENT FINANCING AREA #1
Preamble
The President and Board of Trustees of the Village of Mount Prospect
desire to extend the expiration date of Tax Increment Financing Area #1 from
December 31, 2009 to December 31, 2022. The Illinois Municipal Code requires
an agreement among the Village, the affected School Districts, the affected Park
District and the Mount Prospect Public Library before such an extension may
become effective.
Such an agreement, entitled "Intergovernmental Agreement Between the
Village of Mount Prospect And All The Taxing Districts Affected By The District
NO.1 Tax Increment Redevelopment Area" has been reached. The President
and Board of Trustees find that it is in the best interests of the Village and its
residents to enter into this agreement.
THEREFORE, BE IT RESOLVED BV THE MA VOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS:
SECTION ONE: The President and Clerk of the Village of Mount
Prospect are authorized to execute the "Intergovernmental Agreement Between
the Village of Mount Prospect And All The Taxing Districts Affected By The
District No.1 Tax Increment Redevelopment Area" which is attached to and
made a part of this Resolution.
iManage 167026 1
?
SECTION TWO: This Resolution shall be in full force and effect from and
after its passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
,2006.
Irvana Wilks, Mayor
ATTEST:
M. Lisa Angell, Village Clerk
iManage 1670261
2
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND ALL THE TAXING DISTRICTS
AFFECTED BY THE DISTRICT NO.1 TAX INCREMENT REDEVELOPMENT AREA
This Agreement entered into this _th of
,2005 between the VILLAGE :OF
MOUNT PROSPECT, a municipal corporation ("MOUNT PROSPECT'), and HARPER COMMUNITY
COLLEGE DISTRICT 512, HIGH SCHOOL DISTRICT 214, ELEMENTARY SCHOOL DISTRICT 57,
COOK COUNTY, ELK GROVE TOWNSHIP, ELK GROVE TOWNSHIP ROAD & BRIDGE, THE FOREST
PRESERVE DISTRICT OF COOK COUNTY, SUBURBAN TB SANITARIUM, NORTHWEST MOSQUITO
ABATEMENT, WATER RECALMATION DISTRICT, THE MOUNT PROSPECT PUBLIC LIBRARY and
THE MOUNT PROSPECT PARK DISTRICT (hereinafter referred to individually by each's respective
name and collectively referred to as the "TAXING DISTRICTS"). MOUNT PROSPECT and the TAXING
DISTRICTS are referred to in the Agreement as the "PARTIES".
RECITALS
WHEREAS, pursuant to Ordinance Numbers 3554, 3555, 3556 and, adopted August 20, 1985,
MOUNT PROSPECT approved a tax increment development plan and project, designated the tax increment
redevelopment project area and adopted tax increment financing relative to MOUNT PROSPECT'S
District NO.1 Tax Redevelopment Project Area, as legally described on attached Exhibit A (hereinafter
referred to as the "TIF DISTRICT"); and
WHEREAS, the MOUNT PROSPECT District NO.1 Tax Redevelopment Project Area was
amended (Amendment No.1) pursuant to Ordinance Numbers 4011, 4012, 4012 and, adopted
December 20, 1988 expanding the redevelopment project area, as legally described on attached Exhibit
B;and
WHEREAS, the MOUNT PROSPECT District No.1 Tax Redevelopment Project Area was further
amended (Amendment No.2) pursuant to Ordinance Numbers 4509,4510,4511 and, adopted January
5, 1993 expanding the redevelopment project area, as legally described on attached Exhibit C; and
WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of
local government and school districts to contract or otherwise associate among themselves in any
manner not prohibited by law or ordinance; and
WHEREAS, the "Intergovernmental Cooperation Act,"5IlCS 220/1 et seq., provides that any
power or powers, privileges or authority exercised or which may be exercised by a unit of local
government or school district may be exercised and enjoyed jointly with any other units of local
government or school districts; and
WHEREAS, the Tax Increment Allocation Redevelopment Act ("TIF ACT'), 651lCS 5/11-74.4-1 et.
seq., authorizes municipalities to enter into contracts necessary to implement or maintain a TIF
redevelopment plan, or project; and
WHEREAS, MOUNT PROSPECT and the TAXING DISTRICTS have determined that it is in their
overall respective best interests to facilitate further redevelopment within the TIF DISTRICT by entering
into this Agreement; and
WHEREAS, the life of the TIF DISTRICT is to expire on December 31, 2009; and
WHEREAS, MOUNT PROSPECT desires to extend the life of the TIF DISTRICT to December
31,2022 ("Extended Life of TIF DISTRICr) upon approval by the Illinois General Assembly and the
TAXING DISTRICTS have no objection to such an extension provided that there is compliance with the
terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
agreements contained in this Agreement, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the PARTIES, the PARTIES agree as follows:
1. The preambles set forth above are incorporated by reference as if fully set forth.
2. MOUNT PROSPECT shall, annually during the extended life of the TIF DISTRICT, upon
receipt of incremental property taxes (hereinafter referred to as "INCREMENTAL REVENUES") generated
each year by the TIF DISTRICT, declare a portion of the INCREMENTAL REVENUES as surplus, as
defined in 651lCS 5/11-74.4-7, based on the following:
Upon receipt of the equalized assessed valuation (hereinafter referred to as the "EAV") for the
Downtown Redevelopment TIF District for 2008 real estate taxes collected during 2009, MOUNT
PROSPECT shall establish a second base EAV for the Downtown Redevelopment TIF District to be used
as the base EA V for the Extended Life of the TIF DISTRICT ("SECONDARY EA V") based on formulae
where the letters of the alphabet are symbols having the following meanings:
2
A = Actual 2008 EAV for the Downtown "Redevelopment TIF
B = EA V for parcels located in sub-area #4
C = EA V for parcels located in sub-area #5
D = Secondary base EA V for 2008
E = Base EAV of original TIF ($7.575,159)
F = 2008 incremental EA V from which the incremental tax revenues are calculated
G = 2008 Tax rate
H = 2008 Incremental Tax Revenues
I = Growth factor of 3.25%
J = 2009 Surplus Incremental Tax Revenues to be distributed to the taxing districts
K = 2.43% annual CPI increase
l = Annual redistribution to the taxing districts ("ANNUAL REDISTRIBUTION REVENUE").
Calculation 1 A - (B + C) = D
This will establish the Secondary Base EAV. The original TIF Base EAV will then be deducted
from the Secondary Base EA V according to Calculation 2.
Calculation 2 D - E = F
This will establish the incremental EA V (Incremental Base EA V) to establish the base upon which
subsequent incremental tax revenues will be calculated.
Calculation 3 F x G = H
This will establish the actual dollar amount for incremental taxes received by the Village for 2008.
This will be the base dollar figure to which a growth factor of 3.25% will be added for tax year 2009 as
shown on Calculation 4.
Calculation 4 H x I = J
This will establish the total dollar amount of the incremental tax revenues to be distributed from
the 2009 levy. "J" will be the base for all subsequent year calculations as shown in Calculation 5.
3
Calculation 5 J x K = l
This will establish the total dollar amount of the incremental tax revenues to be distributed from
each levy year after 2009. Therefore, the annual distributions may be represented as follows:
Year One J = l
Year Two J x (1 + K) = l
Year n J x (1 + K)no1 = l (where "n" equals year of TIF extension)
Illustration of the aforementioned formula is included as Exhibit D, which is made a part of this
Agreement.
3. MOUNT PROSPECT shall annually pay the ANNUAL REDISTRIBUTION REVENUE to the
Cook County Collector to the extent the incremental taxes are received by the Village. Partial payments of
the ANNUAL REDISTRIBUTION REVENUE shall be made by MOUNT PROSPECT to the Cook County
Collector within thirty (30) days of receipt by MOUNT PROSPECT of any INCREMENTAL REVENUES
payments, relative to the TIF DISTRICT, from the Cook County Treasurer.
Pursuantto 651lCS 5/11-74.4-7:
"The County Collector shall thereafter make distribution to the respective
taxing districts in the same manner and proportion as the most recent
distribution by the county collector to the affected districts of real property
taxes from real property in the redevelopment project area. "
4. After completion of the 2012, 2015 and 2018 budget years during the TIF extension period, the
Village will prepare pro-forma financial statements to assess the fiscal condition of the TIF Fund. If at
these selected intervals all TIF expenses have been paid and there are any remaining Incremental
Revenues ("REMAINING REVENUES"), MOUNT PROSPECT shall, within ninety (90) days, distribute
eighty percent (80%) of the REMAINING REVENUES to the taxing districts that fall within the boundaries
of the TIF District. The distribution shall be divided between the Districts in the same proportion as the
prior distributions for the years in which the REMAINING REVENUES were received by such TAXING
DISTRICTS. A final accounting will be done at the close of the TIF extension period. Distributions of any
remaining incremental revenues will be made to the TAXING DISTRICTS according to TIF statutes.
4
5. The TAXING DISTRICTS shall have a lien on the ANNUAL REDISTRIBUTION REVENUES.
MOUNT PROSPECT will not pledge the ANNUAL REDISTRIBUTION REVENUE as security for
repayment of any debt without the permission of the TAXING DISTRICTS.
6. For any event or action that is beyond the control of MOUNT PROSPECT that causes a
reduction in the EAV and therefore Incremental Revenues in a particular levy year, the distribution of
ANNUAL REDISTRIBUTION REVENUES to the TAXING DISTRICTS for that particular year will be
reduced proportionately. These events or activities include, but are not Iimtted to reductions in individual
property valuations through the Property Tax Appeals Board process, any property tax exemptions,
including but not limited to the Homeowners Exemption, Senior Exemption and Senior Assessment
Freezes or events of force majeure.
7. In regard to MOUNT PROSPECT'S approval of any further REDEVELOPMENT PROJECTS
within the TIF DISTRICT, MOUNT PROSPECT agrees as follows:
A. Prior to authorizing a REDEVELOPMENT PROJECT, MOUNT PROSPECT shall provide a
copy of the redevelopment agreement proposed for the REDEVELOPMENT PROJECT to each member of
the Joint Review Board for the TIF DISTRICT, and call a meeting of the Joint Review Board for the purpose
of allowing the Joint Review Board members to comment upon, and make a non-binding
recommendation in relation to the proposed REDEVELOPMENT PROJECT. The Corporate Authorities of
MOUNT PROSPECT shall not take final action on the approval of any such REDEVELOPMENT PROJECT
until after the non-binding recommendation of the Joint Review Board has been received, provided that the
recommendation from the Joint Review Board is received by MOUNT PROSPECT no more than thirty
(30) days after the date of the first Joint Review Board meeting called for the purpose of reviewing the
REDEVELOPMENT PROJECT.
8. This Agreement shall be binding upon the Parties and their successors.
9. This Agreement represents the entire Agreement between the TAXING DISTRICTS and MOUNT
PROSPECT. No amendment, waiver or modification of any term or condition of this Agreement shall be
binding or effective for any purpose unless expressed in writing and adopted by each of the parties as
required by law.
5
10. The TAXING DISTRICTS, by their execution and approval of this Agreement, hereby waive
forever any and all right to set aside, modify or contest in any manner the TIF DISTRICT or the temporary
extension of the TIF DISTRICT. This shall include, but is not limited to, the redevelopment plan and
project, the redevelopment area and any redevelopment agreements or professional services
agreements as now or hereafter constituted or entered into by MOUNT PROSPECT including claims to any
other payment they may believe they are entitled to by law or otherwise. The foregoing shall not apply to any
redevelopment agreement entered into that is not in accordance with this Agreement. Notwithstanding the
foregoing, the TAXING DISTRICTS shall fully retain their rights to contest in any manner permitted by law
any subsequent amendments to the TIF DISTRICT and/or the administration of the TIF DISTRICT to the
extent such amendment is contrary to the TIF ACT, the tax increment development plan and project for the
TIF DISTRICT, any other applicable law or this Agreement. Nothing contained in this Agreement shall be
construed to give the TAXING DISTRICTS any right to participate in the administration of the TI F
DISTRICT.
11. If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held
to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this
Agreement.
12. This Agreement shall be effective when approved by the MOUNT PROSPECT Village Board
and the governing boards of each of the TAXING DISTRICTS.
13. This Agreement will remain in effect until the dissolution of the TIF DISTRICT.
14. This Agreement shall be executed in a sufficient number of counterparts so that each Party
shall receive an original signature copy hereof.
IN WITNESS WHEREOF, the undersigned governmental units have caused this Agreement to be
duly executed, by their authorized officials.
6
Date:
VILLAGE OF MOUNT PROSPECT
By:
Title:
ATTEST:
Village Clerk
Date:
HIGH SCHOOL DISTRICT 214
By:
Title:
ATTEQ J .
- ~~<S=(~~~
Secretary
Date:
COOK COUNTY
By:
Title:
ATTEST:
Clerk
Date:
ELK GROVE TOWNSHIP R & B
By:
Title:
ATTEST:
Secretary
Date:
HARPER COMMUNITY COLLEGE DIST. 512
By:
Title:
ATTEST:
Secretary
Date:
ELEMENTARY SCHOOL DISTRICT 57
By:
Title:
October 20, 2005
L~4Pi
President-Board of Education
ATTEST:
1/;:r:A -' ::i-4di;()
Secretary
Date:
ELK GROVE TOWNSHIP
By:
Title:
ATTEST:
Secretary
Date:
COOK COUNTY FOREST PRESERVE
By:
Title:
ATTEST:
7
Clerk
SUBURBAN TB SANITARIUM
Date:
By:
Title:
ATTEST:
Secretary
Date:
WATER RECLAMATION DISTRICT
By:
Title:
ATTEST:
Secretary
MOUNT PROSPECT PARK DISTRICT
Date:
By: cJ::4' ~
TIlle: t.f'e~:k.t-
AITEI
91
Secretary
.............-
t:
8
NORTHWEST MOSQUITO ABATEMENT
Date:
By:
Title:
ATTEST:
Secretary
MOUNT PROSPECT PUBLIC LIBRARY
Date:
By:
Title:
/"')
ATTES~;,~ # _ $
/,^,~Jf~
(j Secretary
EXHIBIT A
DOWNTOWN NO. 1
TAX INCREMENT REDBVBLOPMENT PROJBCT ARBA
LBGAL DBSCRIPTION
Beginning at the intersection of the centerline of Main Street, State of
Illinois Route 83, with the centerline of Central Road, extended; thence
Easterly along said centerline of Central Road, a distance of approximately
570.32 feet to the Northeast corner of Lot 22 of Block 5 in Busse and Wille's
Resubdivision in Mount Prospect; thence Southerly along the Eastern
property line of Lots 12, 13, 20, 21, and 22 of said Block 5 in Busse and
Wille's Resubdivision in Mount Prospect, and the Eastern property line of
Lot 1 Of Mount Prospect State Bank Resubdivision No.3, a distance of
approximately 608.74 feet, to the centerline of Busse Avenue; thence
Westerly along the centerline of Busse Avenue, a distance of approximately
157.11 feet, to the point of inter-section of the centerline of Busse
Avenue with the Eastern right-of-way of Emerson Streets; thence Southerly
along said Eastern right-of-way of Emerson Street, a distance of approxi-
mately 277.00 feet, to a point at the Northwest corner of Lot 18 in Block
12 of Busse and Wille's' Resubdivision in Mount Prospect; thence Easterly
along the Northern property line of said Lot 18, a distance of
approximately 157.09 feet, to the Northeast corner of said Lot 18; thence
Southerly, a distance of approximately 50.00 feet, along the Eastern
property line of said Lot 18, to a point at the Northwest corner of Lot A
of Corporate Subdivision Number 1,. Village of Mount Prospect; thence
Easterly along the Northern property line of said Lot A, a distance of
approximately 157.10 feet, to a point of intersection of said Lot A with
the Western right-of-way of Maple. Street; thence Northerly along the
Western right-of-way of Maple Street,. a. distance of approximately 321.88
feet, to a point at the intersection,o~.tqe Western right-of-way of Maple
Street and the Southern right-of-way of Busse Avenue; thence Easterly along
the Southern right-of-way of Busse Avenue, a distance of approximately
223.12 feet, to a point of intersection with the Eastern property line of
Lot 1 in Block 11 of Busse and Wille's Resubdivision in Mount Prospect;
thence Southerly along the Eastern property lines of Lots '1 through 8 of
Block 11 of Busse and Wille's Resubdivision in Mount Prospect, a distance
of approximately 401.36 feet, to a point at the intersection of the
Southeast corner of said Lot 8 with the Northwest corner of Lot 16 of
Busse I s Subdivision of Lot A of Block 11 in Busse and Wille's
Resubdivision; thence Easterly along the Northern property line of said
Lot 16, a distance of approximately 190.10 feet, to a point on the
centerline of Elm Street; thence Southerly along said centerline of Elm
Street, a distance of approximately 190.00 feet, to the point of
intersection of the centerline of Elm Street, extended, with the Northern
right-Of-way of Evergreen Avenue; thence Easterly along the Northern
right-Of-way of Evergreen Avenue, a distance of approximately 567.20 feet,
to a point of intersection with the Southwest corner of Lot 5 of the
Subdivision of Block 8 of Buss1!'s Eastern Addition to Mount Prospect,
recorded February 11, 1922; thence Southerly, a distance of approximately
591.00 feet, along the Western property lines of Lots 1 through 21 of Block
20 of Mount Prospect Subdivision in Section 12-41-11, Recorded September 2,
1874, to a point at the intersection of the Southwestern corner of said Lot
21 with the Northern property line of Lot 1 of Bruce's Resubdi vision in
Mount. Prospect; thence Easterly along the Northern property line of said
Lot 1, a distance of approximately 171.00 feet, to the centerline of Owen
Street; thence Southerly along said centerline of Owen Street, a distance
of approximately 255.48 feet, to the point of the intersection of the
centerline of Northwest Highway, State' of Illinois Route 14, with the
centerline of Owen Street, extended; thence North-westerly along said
centerline of Northwest Highway a distance of approximately 2,250 feet to
the point of intersection of the centerline of Northwest Highway with the
centerline of Main Street, State of Illinois Route 83, extended; thence
Northerly along the centerline of Main Street a distance of approximately
940 feet to the point of beginning, at the intersection of the centerlines
of Main Street and Central Road, extended; all located in the Northwest
Quarter (1/4), and the Northeast Quarter (1/4) of Section 12, Township 41
North, Range 11 East of the Third Principal Meridian, located in the
Village of Mount Prospect" Elk Grove Township, County of Cook, in the
State of Illinois.
BmIBIT B
DOMHTOMH NO. 1
TAX INCREMBNT REDBVBLOPMBNT PROJECT ADA
LEGAL DESCRIPTION
LEGAL DESCRIPTION - AMBNDMBN'.r #1
That part of the West Half of the Northwest fractional Quarter of Section 12,
Township 41 North, Range 11, East of the Third Principal Meridian, described as
follows: The East 44 feet of the West 64 feet of Lots 1 and 2 and all of Lots
16, 17, 18 and 19 in Block 7 in AMount ProspectA, a subdivision in part of the
West Half of said Section 12, per plat thereof recorded September 2, 1874, as
Document 188460 in Book 8 of Plats, page 90; also
Lots E and F in Laudermilk's Subdivision of Lots 3, 4, 5, 6 and 7 in Block 7 in
the aforesaid "Mount ProspectA subdivision, per plat thereof filed for record in
the Office of the Registrar of Titles June 6, 1927, as L.R. 357250 together with
the 16 foot wide public alley lying south of and adjoining said Lot F, said alley
being the North 16 feet of Lot G in said Laudermilk's Subdivision, and also the
20 foot wide public alley lying West of and adjoining Lots A, B, C, D, E, F and
the North 16 feet of Lot G in said subdivision, except the North 50 feet of said
20 foot, wide alley now vacated; also
The North 100 feet of Lot 2 in Block 3 in Busse and Wille's Resubdivision in
Mount Prospect in 'part of said Northwest fractional Quarter of Section 12, per
plat thereof recorded March 31, 1906, as Document 3839591; also
Lots 1 and 2 in Mount Prospect Central District Resubdivision in part of the
West Half of said Section 12, per plat thereof filed for record in the Office
of the Registrar of Titles, December 23, 1949, as L.R. 1275902; also
Lot 1, except the West 20 feet thereof, in Raymond R. Chmelik's Subdivision, a
resubdi vision of part of aforesaid Laudermilk' s Subdivision, per plat thereof
also filed for record in the Office of the Registrar of Titles, February 25,
1969, as L.R. 2437155; also
Lot 1 in Huecker's Resubdivision of Lots 1 and 2 (except the West 64 feet
thereof) in aforesaid Block 7 in "Mount Prospect", per plat thereof recorded
September 9, 1969, as Document 20953597; also
Lots 1 and 2 in the McLean Resubdivision in Mount Prospect, being a
resubdivision in part of the West Half of said Section 12 also field for record
in the Office of the Registrar of Titles, October 20, 1975, as L.R. 2835833;
also
That part of Wille Street in said West Half of Section 12 lying North of an
extension West of the South line of the North 100 feet of Lot 2 in Block 3 in
the aforesaid Busse and Wille's Resubdivision, and lying South of the South line
of Central Road; also .
That part of Main Street in said West Half of Section 12 lying North of an
extension East of the most South line of Lot 2 in the aforesaid Mount Prospect
Central District Resubdivision, and lying South of the South line of Central
Road; also
That part of Central Road in said West Half of Section 12 and in part of the
South Half of Section 34, Township 42 North, Range 11, East of the Third
Principal Meridian, lying East of an extension North of the West line of the
aforesaid Wille Street, and lying West of an extension North of the East line of
the aforesaid Main Street, all of the above in Cook County, Illinois.
BXBIBIT C
DOWNTOWN NO. 1
TAX INCREMENT REDEVELOPMENT PROJECT AREA
LEGAL DBSCRIPTION
LEGAL DESCRIPTION - AMENDMENT #2
That part of the East half of the Northeast quarter of Section 11 and that part of
the West half of the Northwest quarter of Section 12, all in 'l'ownship 41 North,
Range 11 East of the Third Principal Meridian, taken as a tract of land, bounded
and described as follows: Beginning at the intersection of the center line of
Central Road with the center line of Northwest Highway; thence East on the center
line of Central Road to center line of Wille Street; thence South on center line of
Wille Street to West extension of the South line of the North 100 feet of Lot 2 in
Block 3 in Busse and Wille 's Resubdivision in Mount Prospect in the Northwest
quarter of Section 12 aforesaid; thence East on the West extension of the South
line of the North 100 feet of Lot 2 and on said South line of the North 100 feet of
Lot 2 aforesaid, to the East line of said Lot 2 aforesaid; thence North on the East
line of Lot 2 aforesaid to the most Westerly Southwest corner of Lot 2 in Mount
Prospect Central District Resubdivision in part of the West half of Section 12
aforesaid; thence East, South and East on the South line of Lot 2 aforesaid and on
said South line extended East to the center line of Main Street; thence South on
center line of Main Street to center line of Northwest Highway; thence
Northwesterly on center line of Northwest Highway to the center line of Central
Road and the place of beginning, all in Cook County, Illinois.
Eldllblt D
FOR ILLUSTRATIVE PURPOSES ONLY
2008 2008 2008 2008 2009
Total Less: Incremental Projected Incremental Growth Incremental
EAV Base EAV EAV Tax Rate" Taxes Factor Taxes"
Total EAVof Downtown TIF DIstrict A 49.143.660 12.741.643 38.402.017 G 8.081 2,941.758 3.25% 3,037.365
Less:
EAV Sub-area #4 . 4,604.444 4.021.700 582.744 8.081 47,093 3.25% 48.624
EAV Sub-area #5 C 2,192.358 1.143.784 1.048.574 8.081 64,738 3.25% 87.492
Secondary Base EAV D 42,348,858 E 7,578.159 F 34.nO.699
Secondary Base Taxes H 2.809,926 J 2,901,248
. Tax rate for Downtown Area Redevelopment TIF Dlstrlcl to Include school districts #57 and #214.
.. First year of reallocation of Incremental taxes to laxing d1sbicts.