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2015-09-21 - Ordinance 2015-052 - CONCERNING THE ADMINISTRATIVE HEARING SYSTEM Underline= Addition Stfikethrotigh = deletion 08/12/2015 #101872 ORDINANCE NO. 2015 - 52 AN ORDINANCE CONCERNING THE VILLAGE OF BUFFALO GROVE ADMINISTRATIVE HEARING SYSTEM WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant t o t he Illinois Constitution of 1970; and WHEREAS, the Village created the Village Administrative Hearing System by Village Ordinance No. 2004-46 is was codified in Chapter 2.62 of the Buffalo Grove Municipal Code; an WHEREAS, the Village created Chapter 10.20 of the Buffalo Grove Municipal Code which provides for vehicle seizure and impoundment for certain motor vehicle offenses; and WHEREAS, the Village enacted Ordinance No. 2014-68 on October 6, 2014 which provided for various amendments tote Buffalo Grove Municipal Code concerning the Village of Buffalo Grove Administrative Hearing System; and WHEREAS, the Village enacted Ordinance No. 2014-69 on October 6, 2014 which added Chapter 2.63, Traffic Administrative Hearing System, to Buffalo Grove Municipal Code. NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section I. Subsection A of Section 1.08.010, Designated, oft e Village of Buffalo Grove Municipal Code, is hereby amended, with additions in underline text, so that Subsection A shall hereafter provide as follows: 1.08.010 Designated. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the Village may be guilty of a misdemeanor unless the violation is established solely within the Village's administrative hearing, systems stated within this Code. Except in cases where a different punishment is 1 prescribed by any ordinance of the Village, any person found in violation of an v ordinance of the Vi I lase or convicted of a misdemeanor under the ordinances of the Village shall be punished by a fine not to exceed seven hundred and fifty($750.00) dollars, or the entry of an order of supervision pursuant to Section 515-6-1 of Chapter 730 of the Illinois Compiled Statutes (730 ILLS 515-6-1) as may be amended from time to time. Section 2. Section 2.62.015, Village Code Hearing Jurisdiction, of the Village of Buffalo Grove Municipal Code, is hereby amended, with deletions in qtFiketlirougli and additions in underline text, so that Section 2.62.015 shall hereafter provide as follows: 2.62.015 Village Code Hearing Jurisdiction. A. An administrative adjudication proceeding pursuant to this Chapter may be initiated for any alleged violation of those sections of the Buffalo Grove Municipal Code, the International Building Code ("IBC"), the International Property Maintenance Code("IPMC"), the International Residential Code One-and Two-Family Dwellings (I C), and the Illinois Vehicle Code("IVC")(Illinois Compiled Statutes, Chapter 625), as shown in Table 2.62.015-1, except for(i) an offense that is a traffic regulation governing the movement of vehicles, (ii) any reportable offenses under Section 6-204 of the Illinois Vehicle Code, and (iii) any matters under the jurisdiction of Chapter 2.63, Village Traffic Administrative Hearing System. B. The violation described in the Violation Notice may be settled, compromised and paid in the respective amounts and within the respective time frames set forth in the Table of Offenses and Fines in Table 2.62.015-1 of this Chapter except as set forth is Subsection C. hereof. C. A violation of any of the offenses, except for offenses in Chapter 10.16 of the Buffalo Grove Municipal Code, set forth in Table 2.62.015-1 oft is Chapter by a minor require the minor to appear at the administrative adjudication hearing and are not subject tote pre-pay option as set forth in said Table.. Table 2.62.015-1 Table of Offenses and Fines 2 Fine if Paid Fine if within Paid . fter Days of 14 D-17 Minimum Chapter Title/Offences initial Notiee-bu4 milufflum Fine- Section Before Fine at Must Minim Henri„ Hearin g ear at Fine/Fine Maximum Hearing Paid Fine Before Hearing Municipal Commuter Chapter 3.52 Station Parking Lot Fees 3.52.020 Failure to Pay Daily Parking Fee- Metra $25 $50 $25 3.52.040 Resident Parking Only Violation-Metra $25 $50 $24 3.52.055 Failure to Pay Daily Parking Fee-Township $25 $50 $24 Chapter 5.20 Liquor Controls Alcohol 5.20.190.A underage/possession/ $75 consumption�&aIe 5.20.190.6. Alcohol sale,give, or and C. deliver to underage $250 3 Social Hosting 5.20.192 Responsibility $150 Chapter 5.24 Solicitors 5.24.020 Soliciting without a permit $50 $75 5.24.09990 Soliciting where posted "No Soliciting" $50 S-75 5.24.09080 Soliciting—failure to leave when requested $50 $75 Soliciting in violation 5.24.100 of soliciting $50 S7_5 Chapter 5.32 Tobacco Sale/delivery of 5.32.090 tobacco products to a $75 minor Possession of tobacco 5.32.105 products by minor $50 Hours of Operation Chapter 5.40 Adjacent to Residential Areas Violation of Hours of 5.40.040 Operation $75 $100 $74 requirements Chapter 6.12 Care and Control No Rabies Vaccination 6.12.010 -1 A Violation $50 V-5 No Rabies Vaccination No Rabies Vaccination 6.12.010 -3 rd Violation $100 $4-00 4 6.12.020 No Dog or Cat License $100 Failure to Remove Violation Failure to Remove Violation Failure to Remove 6.12.060 Excrement-3 rd $100 Violation 6.12.070 Dog or Cat at Large -1" Violation $50 $75 Dog or Cat at Large 6.12.070 -2 nd Violation $75 &WO Dog or Cat at Large 6.12.070 -3 rd Violation $100 Excessive Number of 6.12.080 Animals-l't Violation $50 VS Excessive Number of 6.12.080 Animals-2nd Violation $75 $4-00 $7-5 6.12.080 Animals-3rd Violation $100 Prohibited Animal -Ist 6.12.090 Violation $50 $75 Prohibited Animal -2 nd 6.12.090 Violation $75 $400 Prohibited Animal -3rd 6.12.090 Violation $100 Found to be 6.12.120 potentially dangerous $75 $75 animal 6.12.150.13 Excessive Dog Barking $50 $75 5 -1"Violation Excessive Dog Barking 6.12A50.D -2"d Violation $75 Excessive Dog Barking 6.12.150.1) 3rd Violation $100 $4-50 Wo Chapter 8.20 Refuse 8.20.020 Lack of required refuse service $50 $75 W 8.20.030 Littering $100 8.20.070 Garbage-Out Too Early $25 8.20.090 i Garbage-Unsecured $25 8.20.100 Illegal Dumping/Burning $50 W Nuisances and Chapter 8.24 Miscellaneous Health Laws Stagnant water 8.24.020 creating mosquito $50 $75 W nuisance Pest infestation— 8.24.060 Insects $50 Pest infestation— 8.24.070 Rodents $50 $75 rA p re per fe edin- -,F �5� 8.24.110 WOICI42 Use $50 $75 Constituting Nuisance Chapter 8.32 Weeds,Grass, Refuse and Junk Weeds in Excess of 12 8.32.010..0 Inches $50 8.32.010.13 Grass in Excess of 6 $50 &74 6 Inches Chapter 9.04 Alarm Systems 9.04.020 No Valid Alarm Permit $25 Q-5 Chapter 9.16 Controlled Substances Possession of 9.16.020 Cannabis (under 10 $200 $300 $NO Chapter 9.17 Drug Paraphernalia 9.17.020 Possession/sale of drug paraphernalia $100 $240 84-00 Chapter 9.28 Disorderly Conduct 9.28.010 Disorderly conduct $100 Possession of 9.28.010.0 fireworks $50 $-75 Public Nuisance 9.28.025 Assemblage/Social $100 84-5-0 $4-00 Host Chapter 9.32 Smoking in Public Places 9.32.020 Smoking in Enclosed Public Place $50 $75 9.32.030 Smoking in Place of Employment $50 V-5 9.32.040 Smoking in Open Air Dining Area $50 $74 9.32.050 Smoking at Entrance $50 $75 Chapter 9.38 Noise 9.38.020 Noise Prohibited $75 $425 9.38.030 Noise within a multi- $100 $200 7 family structure Construction 9.38.037 regulations–hours of $75 $4-00 V-5 work Chapter 9.48 Trespass and Damage to Property 9.48.020 Trespass $75 9.48.030A Damage to Village rovertv $75 9.48.040 Graffiti $75 Chapter 9.52 Theft 9.52.020 Theft $150 Chapter 9.68 Curfew 9.68.010 Curfew $75 Chapter 9.70 Truancy 9.70.010 Truancy $75 Chapter 9.80 Weapons 9.80.010 Air rifle/BB gun/Gun discharge $75 Chapter 10.08 Snow 10.08.010 Parking—After 2 inch 10.08.020 Dumping Snow in Buffalo Grove Vehicle Chapter and Traffic Code. 10.16,Section Adoption by Reference of the Illinois Vehicle Code 8 5/3-401 No valid registration $50 $75 5/3-413 (a) No front/rear registration plate $50 $75 Improper display of 5/3-413 (b) license plate TiRte4�ebsew-e,d $50 $75 license plate r=ev@Fs 5/3-413 (f) Operation of vehicle w/expired registration $50 $75 513-413 (gd Use of License plate cover $50 $75 5/3-701 Inoperable odometer under mileage plates $50 $75 5/1-100 et Miscellaneous Traffic seq. Code Violations $50 $75 5/11- --7- 1303.(a).14T Jay Walking $25 $50 $2-5 1003f a) 5/11-1301.3 Handicapped Zone Parking $250 $375 Q-50 5/11- Parked Blocking 1303.(a).1.b. Sidewalk $25 $50 $2-5 5/11- Parked Within 15 feet 1303.(a).2.b. of Fire Hydrant $25 $50 5/11-- Parked Within 20 feet 1303.(a).2.c. of Crosswalk $25 $50 $25 Parked Within 30 feet of Traffic Control 1303.(a).2.d. Device $25 $50 5/11- Parking Where 1303.(a).3.b. Prohibited $25 $50 SM 5/11- Parking in Loading $25 $50 9 1303.(a).3.b. Zone 5/11-1304.a. Parking over 12 inches from Curb $25 $50 $25 5/11-1304.a. Parking-Left Wheels to Curb $25 $50 $2-5 Parking of Vehicle 5/11-1304.5 With Expired $25 $50 Registration 5/6-112 Driver's license not on person $50 $75 00 Failure to notify 5/6-116 Secretary of State— $50 $75 change of address 5/12-713 Improperly marked vehicles—Contractor $50 $75 5/12-101 Unsafe equipment $50 $75 Driving motorcycle 5/12-201 (a) w/out lighted $50 $75 "0 headlight 5/12-201 (b) Driving w/out lights when required $50 $75 5/12-201 (b) Only one tail light $50 $75 5/12-201 (c) No rear license plate light $50 $75 "0 5/12-204 Improper lamp or flag on projected load $50 $75 W Improper use of spot 5/12-207 la m p/a ux driving $50 $75 W lamps 5/12-208 No stop lights $50 $75 W 5/12-209 (c) Defective back-up $50 $75 W 10 lights 5/12-210 Failure to dim headlights $50 $75 5/12-211 Only one headlight $50 $75 5/12-301 Defective brakes $50 $75 5/12-405 (c) Use of unsafe tire $50 $75 5/12-502 No rear view mirror $50 $75 5/12-503(a) Illegally Tinted Windows $50 $75 5/12-503 (c) Obstructed windshield $50 $75 5/12-503 (d) Obstructed windows— snow, ice, moisture $50 $75 5/12-503 (d) No windshield clearing device (wipers) $50 $75 5/12-601 (a) Defective or no horn $50 $75 5/12-602 Loud muffler— excessive noise $50 $75 Failure to Wear 5/12-603.1 Pnoperly Ad Ousted Seat $50 $75 Belt No bumper or 5/12-608 unlawful bumper $50 $75 height Illegal operation of 5/12-611 sound amplification - $50 $75 No flags, flares, 5/12-702 warning devices $50 $75 carried 5/12-710 Inadequate or no $50 $75 splash guards (mud 11 flaps) Title 10, Towing Chapter 13G-4 Abandoned vehicle BG-4-101.E.I. over 7 days $25 $50 $M Title 10, Chapter BG- Rules of the Road 11 BG- Parking on Parkway or 11-1303.C.I. Median $25 $50 $2-5 BG- Parking—Blocking 11-1303.C.2.b. Driveway $25 $50 $25 BG- Parking in Posted Fire 11-1303.C.2.c. Lane $25 $50 $2-5 BG-11-1308.1. Parking on Street 2 am to 6 am $25 $50 $m BG-11-1311 Selling Vehicle on Street $25 $50 $25 Chapter 12.20 Trees,Shrubs,and Other Plants Trees/vegetation 12.20.070 obstructing public $100 sidewalks Trees/vegetation 12.20.080 creating visual $100 S400 obstructing Chapter 13.05 Water System Cross- connection Control 13.05.110. Inspection and A.2. maintenance $50 $74 Chapter 13.16 Water Conservation 12 13.16.020 Sprinkling Ban Violation (12-6 pm) $100 Title 14 Sign Code 14.12.010 Signs Installed without a Permit $50 87-5 W 14.32.060 Signs Placed in the Public Right of Way $50 S7_5 W Chapter International Building 15.04. Code. Adoption by Reference of the Section 15.04.010 International Building Code (IBC) Failure to secure IBC 105.1 required permit $200 (Commercial) International Residential Code One- Chapter and Two-Family 15.05. Dwellings. Adoption Section by Reference of the International 15.05.010 Residential Code One- and Two-Family Dwellings(IRC) Failure to secure IRC 105.1 required permit $50 $74 (Residential) Property Maintenance Code. Chapter Adoption by 15.06. Reference of the Section International 15.06.010 Property Maintenance Code (I C) 13 IPMC 302.8, Parking on non- as amended approved $50 $74 IPIVIC 302.8, Unlicensed vehicle as amended $100 IPIVIC 302.8, Vehicle in a state of as amended disrepair $75 $4,25 $7-5 IPMC 304 Property in disrepair $75 $4,15 V-5 IPIVIC 307 Junk/Garbage/Debris on property $75 $4-00 V-5 Chapter 15.12 Plumbing Code 15.12.030 Downspout and sump pump discharges $75 $4W 87-5 Chapter 15.20 Fence Code 15.20.100 Fence in Disrepair $100 $4-00 Residential Rental Chapter 15.36 Housing Program 15.36.040 Renting property without a license $100 Failure to 15.36.060 schedule/allow rental $100 $100 inspection Chapter 17.12 Definitions Use or occupancy of a 17.12.230 One-Family Dwelling by more than one $25 $25 $25 family Driveways and Off- Chapter 17.36 Street Parking and Loading Facilities 17.36.030 Improper Recreational $50 $50 14 Vehicle Parking Improper parking of a 17.36.030 commercial vehicle/Residential $25 $2-5 $25 District 17.36.030 Oversized Vehicle $25 &2-5 $25 Improperly 17.36.030 maintained parking $50 84-CA $50 lots Improperly marked 17.36.030 accessible parking $50 $4-00 $50 spaces The Illinois Vehicle Code (IVC)(625 ILCS 5/1-100 et seq.) has been adopted by reference as the Traffic Code of the Village pursuant to Chapter 10.16 of the Buffalo Grove Municipal.Additions to the IVC, as adopted, are set forth in Chapter BG-1 through BG-16 of the Buffalo Grove Municipal Code. The Traffic Code of the Village corresponds in numbering sequence to the Illinois Vehicle Code. * Fines are exclusive of hearing costs. Daily fines are possible where Dermissible by law. Where a Maximum Fine is not listed the Maximum Fine shall be subiect to Section 1.08.010 of the Buffalo Grove Municipal Code. Section 3. Section 2.63.040, Violation-Penalty, Costs, of the Village of Buffalo Grove Municipal Code, is hereby amended, with additions in underline text, so that Section 2.63.040 shall hereafter provide as follows: 2.63.040 Violation—Penalty, Costs. A. The violation of any provision of the traffic code prohibiting or restricting vehicular standing or parking, or establishing a compliance violation, shall be a civil offense punishable by fine only, as listed in Table 2.62.015-1 of the Buffalo Grove Municipal Code. 15 B. The hearing, officer may assess lieariiig costs upoil finding a respondent liable for a violation of any provision of the traffic code prohibiting or restricting vehicular statiding, or parking, or establishinR a compliance violation, however in no event shall the costs of hearing-exceed $25.00. Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision oft is ordinance. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 - Berman,Trilling, Steisi, Ottenheinier, Wei(ienf'eld, jolipsoil NA YES: 0 -None ABSENT: 0 -None PASSED: Se-ptember 21, 2015. APPROVED: September 21, 2015, PUBLISHED: September 22, 2015. APPROVED: au-ui Beverly SLISAan, Village President ATTEST: Village Clerk ParkRidge#101872 16