Loading...
HomeMy WebLinkAbout5. OLD BUSINESS 4/18/06 ORDINANCE NO. AN ORDINANCE ESTABLISHING ARTICLE XXII OF CHAPTER 8, PAYMENT OF ADMINISTRATIVE JUDGMENTS PRIOR TO ISSUANCE AND RENEWAL OF LICENSES AND PERMITS, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the President and Board of Trustees of the Village of Mount Prospect are committed to the maximum utilization of its System of Administrative Adjudication, and WHEREAS, upon the failure to pursue or exhaustion of judicial procedures for review of a final determination of the Administrative law Judge, any order of compliance, any fine, penalty or cost due and owing to the Village of Mount Prospect is a lawful obligation owed to the Village of Mount Prospect ("Final Administrative Judgment"), and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that satisfaction of Final Administrative Judgments is necessary and appropriate, and WHEREAS, such satisfaction of judgments is encouraged by conditioning the issuance and renewal of licenses and permits on such satisfaction, 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: iManage 165770 1 \) SECTION 1: Chapter 8 of the Village of Mount Prospect Village Code, as amended, is amended further by adding a new Article XXII to Chapter 8, which shall be titled ARTICLE XXII, SATISFACTION OF ADMINISTRATIVE JUDGMENTS PRIOR TO ISSUANCE AND RENEWAL OF LICENSES AND PERMITS, to read as follows: 8.2201 Notice of Final Determination of Liability. If any Final Administrative Judgment remains unsatisfied after the respondent has exhausted or failed to pursue judicial review ("Unsatisfied Obligation"), the Administrative Hearings Supervisor shall cause a Notice of Unsatisfied Obligation to be sent to the respondent. This notice may be the same notice as provided in Article XXI. The notice shall inform the respondent of the actions that are authorized pursuant to Section 8.2202 of this Article. 8.2202 Failure to Satisfy Obligation After Notice - Action authorized. If the respondent fails to satisfy the obligation within fourteen (14) days after the date of service of the Notice of Unsatisfied Obligation, as provided in Section 8.2201 of this Article, the Village of Mount Prospect may take the following actions in addition to any other enforcement action authorized by law: A. Decline to issue or renew any license, permit, zoning variance or other permission or consideration requested and/or applied for by respondent under Chapters 7, 9, 10, 11, 12, 13, 14 or 21 of the Village of Mount Prospect Code or any other applicable Village Code until respondent satisfies such obligation; and/or iManage 165770 1 2 B. Decline to issue or renew residential parking permits, temporary residential parking permits or any other permit requested and/or applied for by respondent under any Chapter of the Village of Mount Prospect Village Code, until respondent satisfies such obligation. 8.2203 Notification of Licensing Department and Respondent; Hearing. A. If the respondent fails to satisfy such obligation within the fourteen (14) day period, the Administrative Hearings Supervisor shall notify the appropriate Village Departments that the respondent has an Unsatisfied Obligation and that no licenses or permits may be issued to the respondent until the obligation has been fully satisfied. B. At or prior to a respondent's request or application for a license or permit, or for a renewal of such license or permit, the appropriate Department shall notify the respondent that he or she is ineligible for issuance or renewal of such license or permit due to the Unsatisfied Obligation. The notice shall inform the respondent that he or she may request a description of the Unsatisfied Obligation from the Village and further inform the respondent of the right to appeal the denial of the license or permit under this section. Notice may be served to the last address provided by the respondent by first class mail or by an overnight or 2-day commercial delivery service. The date of service shall be the date that the notice was personally served, deposited in the mail or placed with the overnight or commercial delivery service. C. Upon the respondent's request, the Village shall provide the respondent with a written description of the Unsatisfied Obligation. Respondent shall have ten (10) days from the date of notice to appeal the department's denial by requesting a hearing before the Village's Administrative Law Judge. iManage 165770 1 3 D. Requests for hearing shall be made in writing to the Village Administrative Hearings Supervisor. A request for hearing shall include: the full name, address and telephone number of the respondent; a written statement signed by the respondent setting forth facts, law or other information relevant to establishing a defense to the Department's denial; a copy of the notice provided to the respondent by the license/permit-issuing department under this subsection; and, any documentary evidence that supports the respondent's appeal, including proof of satisfaction of the obligation. Upon receipt of a timely and proper request for a hearing, the Village Administrative Hearings Supervisor shall assign a hearing date no later than 30 days after the date of request. E. The hearing shall comply with the following provisions: (1) The Village Administrative Law Judge shall abide by any prior determination of the existence of an Unsatisfied Obligation or finding of a violation of any provision of the Village Municipal Code. The scope of review shall be limited to whether the obligation has been satisfied or whether the respondent is the actual person against whom the order was issued. The petitioner shall not be entitled to raise any other defenses related to his or her liability for the underlying obligation. (2) At the conclusion of the hearing, the Village Administrative Law Judge shall issue a final order that the respondent is either eligible or ineligible for issuance or renewal of the license or permit. If the respondent is found to be ineligible, the petitioner's license or permit may not be issued or renewed prior to the iManage 165770 1 4 satisfaction of the obligation. This order shall be final for purposes of judicial review under Administrative Review Law of Illinois. 8.2204 Issuance of License or Permit Notwithstanding Fine or Penalty Unpaid. Notwithstanding the provisions of subsection 8.2203, the Village may issue an initial or renewal license or permit, upon written approval of the Village Manager if it is determined to be in the best interests of the Village and: A. The respondent has entered into an agreement with a court of competent jurisdiction, the Department of Finance or other appropriate Village Department or agency for the satisfaction of the obligation and the respondent is in compliance with the agreement; or B. The respondent has filed a petition in bankruptcy and any delinquent monetary debt is dischargeable in bankruptcy. 8.2205 Effect of License or Permit During Pendency of Appeal Process. When the holder of a current and valid license or permit is notified in accordance with Subsection 8-2203(B) that such license or permit will not be renewed unless the obligation is satisfied, the license or permit shall remain in effect during the pendency of the appeal process described in Subsection 8.2203. If the appeal results in a finding that the license or permit is eligible for renewal, it shall remain in effect until the renewal is issued. When the appeal results in a finding that a license or permit is ineligible for renewal, it shall expire at such time as the license or permit holder has exhausted or failed to exhaust the appeal procedures described in subsection 8.2203. iManage 165770 I 5 SECTION 2: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 3: 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 H:\CLKO\files\WIN\MP Ord Final issuance and renewal of licenses and permits Ch a.DOC iManage 165770 I 6